Thanks for visiting smoovii.com (“Site”). This page informs you of the terms and conditions from which we will supply to you the products (Products) displayed on this Site (“Agreement”).
Please read these terms and conditions carefully before ordering any Products from our Site. By ordering any of our Products, you agree to be bound by these terms.
1. INFORMATION ABOUT US
1.1 The Site (www.smoovii.com) is operated by CE Commerce Ltd (“We”, “Our” or “Us”), a company registered in the UK and an agent of Zing Online Media Ltd.
1.2 Email Address: firstname.lastname@example.org
2. YOUR STATUS
By placing an order through our Site, you warrant that:
2.1 you are legally capable of entering into binding contracts; and
2.2 you are at least 18 years old; and
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order on our Site, you will receive an e-mail from us acknowledging that you order has been placed. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy Products (“Order”). All Orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (“Dispatch Confirmation”). Upon receiving a Dispatch Confirmation, a contract (“Contract”) will be formed between us.
3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4. PRODUCTS, SERVICES & SHIPPING
4.1 Payment for Products and/ or Services will be collected upon placing your Order. Once your Order has been confirmed via a Dispatch Confirmation, you will receive your Product(s) usually in 1-7 working days, depending on your location. An estimated delivery timeframe and tracking number will be provided to you via your Dispatch Confirmation.
4.2 In the event the Product(s) is out of stock, we will offer you the option to get a refund or wait until the product is back in stock. Once processed refunds take between 5-10 working days to appear in your account.
5. RETURNS & REFUNDS
5.1 If you wish to get a refund you must return the Product(s) within 30 days of receiving. You may return any Product(s), providing it is in a resalable condition, unless the Product was damaged or faulty. If the Product(s) was already damaged or faulty you will need to notify us of this when returning the goods. We will refund you on the same payment card, once we have received and processed the item, which typically takes up to 14 days from the date of receiving.
5.2 All postage or shipping costs incurred by you in returning the unwanted Product(s) must be paid by you and are not refundable. Please send all returns to the following address for order to the US & Canada:
smoovii, James & James Fulfilment, 2235 Southwest Blvd, Suite A, Grove City, OH 43123, USA
For orders delivered to any other country, please return to the address below:
smoovii, James & James Fulfilment, Liliput Road, Brackmills, Northampton, NN4 7DT, UK
5.3 On any Order(s) where you have paid for shipping, the price of the shipping is non-refundable.
5.4 Replacement of Products and refunds for shipped items claimed as not received are subject to our investigation, which may include postal-service notification. Repeated claims of undelivered merchandise may result in cancellation of the Service to you.
6. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
7. ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us.
8. INTELLECTUAL PROPERTY
By contributing reviews to the site you automatically grant us an irrevocable and perpetual, non-exclusive, transferable, royalty-free, worldwide license, by ourselves or with others, to use, copy, distribute, publicly display, print, publish, modify, translate and incorporate into other works, that review in any form of media or expression and to license or permit others to do so.
9. EVENTS OUTSIDE OUR CONTROL
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
9.2 Strikes, lock-outs or other industrial action;
9.3 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
9.4 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
9.5 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
9.6 Impossibility of the use of public or private telecommunications networks; and
9.7 The acts, decrees, legislation, regulations or restrictions of any government.
9.8 We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed.
10. OUR LIABILITY
10.1 If we fail to comply with these terms and conditions we shall only be liable to you for the purchase price of the Product(s). Nothing in this agreement excludes or limits our liability for:
10.2 Death or personal injury caused by our negligence;
10.3 Fraud or fraudulent misrepresentation;
10.4 Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
11. LAW AND JURISDICTION
The purchase of Products or Services through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation will be governed by the laws of England.