General Terms and Conditions
OVERVIEW
This website/application is operated by the fengify .com team. Throughout the website/application, the terms ‘we’, ‘us’ and ‘our’ refer to the fengify .com team. fengify .com provides this website/application, including all information, tools and services available from this website, to you, the user, on condition that you accept all the terms, policies and notices set out here.
By visiting our website and/or purchasing anything from us, you are engaging with our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including the additional terms, conditions and policies referred to herein and/or available via hyperlink. These Terms apply to all users of the website, including, without limitation, users who are visitors, suppliers, customers, traders and/or content contributors.
Please read these terms and conditions carefully before accessing or using our website/application. By accessing or using any part of the website, you agree to be bound by these terms and conditions. If you do not accept all the terms and conditions set out in this agreement, you must not access the website/application or use any of its services. If these terms and conditions are deemed to constitute an offer, acceptance is expressly limited to these terms and conditions.
Any new features or tools added to the current shop shall also be subject to these terms and conditions. You can review the latest version of the terms and conditions at any time on this page. We reserve the right to update, amend or replace any part of these terms and conditions by publishing updates and/or amendments on our website/app. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website/app following the publication of any changes constitutes your acceptance of those changes.
SECTION 1 – TERMS AND CONDITIONS FOR THE ONLINE SHOP
By accepting these terms and conditions, you agree not to use our products for any unlawful or unauthorised purpose, nor, whilst using the service, to breach any laws in your jurisdiction (including, but not limited to, copyright laws).
You must not transmit any worms, viruses or other code of a destructive nature.
Any breach of, or violation of, any of the Terms and Conditions will result in the immediate termination of your services.
SECTION 2 – GENERAL TERMS AND CONDITIONS
We reserve the right to refuse service to anyone at any time for any reason.
You understand that your content (excluding credit card details) may be transmitted unencrypted and may involve (a) transmission across various networks and (b) modifications to comply with and adapt to the technical requirements of connecting networks or devices. Credit card details are always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the service, the use of the service or access to the service, or any contact details on the website/application through which the service is provided, without our express written permission.
The headings used in this agreement are for convenience only and shall not limit or otherwise affect these terms and conditions.
SECTION 3 - ACCURACY, COMPLETENESS AND RELEVANCE OF THE INFORMATION
We accept no liability if the information on this website is not accurate, complete or up to date. The material on this website is provided for general information purposes only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete or more up-to-date sources of information. Any reliance on the material on this website is at your own risk.
This website may contain certain historical information. Historical information is necessarily out of date and is provided solely for your convenience. We reserve the right to amend the content of this website at any time, but we are under no obligation to update the information on our website. You agree that it is your responsibility to monitor changes to our website.
SECTION 4 – CHANGES TO THE SERVICE AND PRICES
Prices for our products are subject to change without prior notice.
We reserve the right to amend or discontinue the service (or any part or content thereof) at any time without prior notice.
We shall not be liable to you or any third party for any changes, price changes, suspension or interruption of the service.
SECTION 5 – PRODUCTS OR SERVICES (where applicable)
Some products or services may be available exclusively online via the website/app. These products or services may be in limited supply and can only be returned or exchanged in accordance with our returns policy.
We have made every effort to display the colours and images of our products as accurately as possible, as they appear in-store. We cannot guarantee that the colours displayed on your computer screen will be accurate.
We reserve the right, but are under no obligation, to restrict the sale of our products or services to any person, geographical region or country. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of any products or services we offer. All product descriptions or prices are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited.
We do not guarantee that the quality of any products, services, information or other material that you have purchased or received will meet your expectations, or that any faults in the service will be rectified.
SECTION 6 – ACCURACY OF INVOICING AND ACCOUNT INFORMATION
We reserve the right to refuse any orders you place with us. We may, at our sole discretion, limit or cancel the quantities purchased per person, per household or per order. These restrictions may also apply to orders placed using the same customer account, the same credit card and/or orders using the same billing and/or delivery address. In the event that we amend or cancel an order, we may attempt to notify you by contacting you via the email address and/or billing address/telephone number provided when the order was placed. We reserve the right to restrict or prohibit orders which, in our sole judgement, appear to be placed by resellers, retailers or distributors.
You agree to provide up-to-date, complete and accurate purchase and account details for all purchases made in our shop. You agree to update your account and other details immediately, including your email address and credit card number and expiry date, so that we can complete your transactions and contact you where necessary.
For further information, please read our returns policy.
SECTION 7 – OPTIONAL TOOLS
We can give you access to third-party tools over which we have no oversight, control or influence.
You acknowledge and agree that we provide access to such tools ‘as is’ and ‘as available’, without any warranties, representations or conditions of any kind, and without support. We shall have no liability whatsoever arising from or in connection with your use of any third-party tools.
Any use you make of any optional tools offered via the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms and conditions under which such tools are provided by the relevant third-party provider(s).
We may also, in future, offer new services and/or features via the website/application (including the launch of new tools and resources). Such new features and/or services will also be subject to these terms and conditions.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our service may contain material from third parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for investigating or evaluating the content or accuracy of such websites, and we do not guarantee, nor shall we accept any liability for, third-party materials or websites, or for any other third-party materials, products or services.
We are not liable for any loss or damage arising from the purchase or use of goods, services, resources, content or other transactions carried out in connection with third-party websites. Please read the third party’s policies and practices carefully and ensure that you understand them before entering into any transaction. Any complaints, claims, issues or queries regarding third-party products should be directed to the third party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER IMAGES
If, at our request, you submit certain specific contributions (such as competition entries) or, without a request from us, you submit creative ideas, suggestions, proposals, plans or other material, whether online, by email, by post or by any other means (collectively, ‘contributions’), you agree that we may, at any time and without restriction, edit, copy, publish, broadcast and otherwise use such material in any medium we choose. We are under no obligation to (1) treat any Comments as confidential; (2) pay any compensation in respect of any Comments; or (3) respond to any Comments.
We may, but are under no obligation to, monitor, edit or remove content which, in our sole discretion, we consider to be unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene or otherwise objectionable, or which infringes any party’s intellectual property rights or these terms and conditions.
You agree that your comments will not infringe the rights of any third party, including copyright, trade marks, privacy, personality rights or any other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, offensive or obscene material, or contain any computer virus or other malicious code that may in any way affect the operation of the Service or any related website or application. You must not use a false email address, impersonate any person or otherwise mislead us or any third party as to the origin of any comments. You are solely responsible for the accuracy of any comments you make. We accept no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 10 – PERSONAL DATA
Your submission of personal information via the shop is subject to our privacy policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website or within the service may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, product delivery charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to amend or update information or cancel orders if any information on the Service or on any related website or application is incorrect at any time without prior notice (including after you have placed your order).
We accept no obligation to update, amend or clarify any information on the Service or on any related website or application, including but not limited to pricing information, except as required by law. No specific update or revision date applied within the Service or on any related website or application should be taken to indicate that all information within the Service or on any related website or application has been amended or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions set out in the TERMS AND CONDITIONS, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit or engage in any unlawful activity; (c) to contravene any international or UK rules, regulations, laws or local ordinances; (d) to infringe or violate our intellectual property rights or those of any third party; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to transmit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that affects or may affect the functionality or operation of the Service or any related website/application, other websites or the Internet; (h) to collect or track the personal information of others; (i) to engage in spamming, phishing, pharming, spoofing, spidering, crawling or scraping; (j) for any obscene or immoral purpose; or (k) to disrupt or circumvent the security features of the Service or any related website/application, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website/application for breaching any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, fast, secure or error-free.
We do not guarantee that the results obtained from using the service will be accurate or reliable.
You agree that we may, from time to time, suspend the service indefinitely or terminate it at any time, without notifying you.
You expressly agree that your use of, or inability to use, the Service is at your own risk. The Service and all products and services supplied to you through the Service are provided (except as expressly stated by us) ‘as is’ and ‘as available’ for your use, without any representations, warranties or conditions of any kind, whether express or implied, including any implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, non-infringement and non-infringement.
Under no circumstances shall we, our directors, officers, employees, subsidiaries, agents, contractors, trainees, suppliers, service providers or licensors be liable for any damage, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, loss of profits, loss of revenue, loss of savings, loss of contracts, damages, loss of data, damages, compensation, liability for damages (including negligence), strict liability or otherwise, arising out of your use of the Service or any products purchased through the Service, or for any other claims in any way related to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind arising as a result of any content made available, or otherwise transmitted via the product, or transmitted via the service, even if they are informed of the possibility thereof. As certain states or jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – COMPENSATION
You agree to indemnify, defend and hold us and our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, trainees and employees from any claims or demands, including reasonable legal fees, made by third parties arising out of or in connection with a breach of these TERMS or a breach of these TERMS AND DOCUMENTS. incorporated by reference, or your breach of any law or the rights of any third party.
SECTION 15 – DISMISSAL
In the event that any provision of these terms and conditions is deemed to be unlawful, invalid or unenforceable, such provision shall nevertheless be enforceable to the extent permitted by applicable law, and the unenforceable part shall be deemed severed from these terms and conditions; such a ruling shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The parties’ obligations and liabilities incurred prior to the date of termination shall continue to apply after the termination of this agreement for all purposes.
These terms and conditions remain in force unless and until they are terminated by either you or us. You may terminate these terms and conditions at any time by notifying us that you no longer wish to use our services, or when you stop using our website.
If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any of the terms or provisions of these terms and conditions, we may also terminate this agreement at any time without prior notice, and you will remain liable for all amounts payable up to and including the date of termination; and/or we may consequently deny you access to our services (or any part thereof).
SECTION 17 – THE ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision under these terms and conditions shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules published by us on this website or in relation to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any previous versions of the Terms and Conditions).
Any ambiguities in the interpretation of these terms and conditions shall not be construed against the party that drafted them.
SECTION 18 – CHANGES TO THE TERMS AND CONDITIONS
You can view the latest version of the terms and conditions at any time on this page.
We reserve the right, at our sole discretion, to update, amend or replace any part of these terms and conditions by publishing updates and amendments on our website/app. It is your responsibility to check our website/app regularly for any changes. Your continued use of or access to our website/app or the Service following the publication of any changes to these terms and conditions constitutes your acceptance of those changes.
SECTION 19 – CONTACT DETAILS
If you still have any questions or concerns, please contact us via our support centre .