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Phizz - Terms & Conditions

Terms & Conditions

This website is operated by PHIZZ Limited, hence-forth referred to as PHIZZ, we or us. Access to and use of any part of this website should only be performed by persons (henceforth referred to as ‘users’) who agree with the following terms and conditions (‘Terms and Conditions of Service’ or ‘Terms’). Please read these Terms carefully prior to using the website. If you do not agree to these Terms, please do not use this website. PHIZZ reserves the right to remove, or modify this website and the contents contained within it at any time, including the Terms and Conditions of Service. We therefore recommend that users of this website check these terms and conditions every time they return.

By visiting and using this website users are deemed to engage in our “Service” and therefore are bound by the Terms and Conditions of Service outlined in this document, including any additional terms or documents contained herein and/or available by hyperlink. We reserve the right to refuse service at our discretion. By agreeing to these Terms users represent that they are at least the age of majority in their location, or they are the age of majority in their location and provide consent for their minor dependents to use this website.

The headings used within this document are solely for the convenience of the reader and will not in any way limit or affect these Terms and Conditions of Service.

Trademarks copyright and intellectual property

The PHIZZ stacked logo, and “This is phizziology.” are trademarks of PHIZZ Limited. Any unauthorized use of these trademarks is a violation of copyright, trademark law or industrial property rights.

Surrender of use and benefits

The contents of this website are the sole property of PHIZZ. Permission to use these contents is granted based upon the stipulation that the relevant copyright note accompanies their use. Permission is granted for content that is not modified in any way and figures must be used with the text that accompanies them on this website. Permission is solely granted for personal use, not commercial exploitation. Users are prohibited from using this website or any content contained within this website for any form of unlawful act.

Details supplied by website users

Users give their consent for PHIZZ to store and use any details supplied by the user for specified business purposes and statistical analysis. We are allowed to use the contents of any messages or communications (here termed ‘comments’) sent via this website, or by any other means, including ideas, blueprints, inventions, or techniques and expertise contained within said comments for the purpose of product development, marketing, or to reproduce this information to make it available to third parties. We are free to edit, duplicate, translate and publish said materials for use in any form. We may use any comments send via this website, including ideas, blueprints, inventions, or techniques and expertise contained within said communications without paying any form of compensation.

Users are fully responsible for the correctness of details provided through this website and for ensuring that third-party rights associated with such details are not violated. Users must not use false e-mail addresses or false identities when sending details via this website. We cannot be held responsible for the content of comments left on this website, and assume no liability for such comments. Users who post comments do so at their own discretion and must ensure that they do not contain offensive, threatening, pornographic, obscene or libelous content or content which is in anyway unlawful. Users are solely responsible for any comments that are made on this website. We retain the right to remove any comments posted on this website that breach these conditions, or for any other reason, but are under no obligation to do so. We are under no obligation to respond to users comments or to maintain their confidentiality.

Limited liability

The content reported on this website is for the purpose of demonstrating PHIZZ and our products and is presented to the best of our knowledge and belief. The data on this website has been compiled from a mixture of both internal and external sources. We cannot provide assurance that the information is fully comprehensive or correct. Although we endeavor to keep all information contained on the website up to date, it may have changed since the time it was published, and we cannot be held accountable if this is the case. We recommend that users perform their own checks from primary sources to confirm the accuracy of data or advice obtained from this website before using it.

Should you require any further advice of information please contact us via info@phizz.co. Users agree to access this website and associated content at their own risk. PHIZZ and any associated third-parties involved in the production or maintenance of this website cannot be held liable for damage or injury that may result from access to this website, the inability to access this website, or individual users reliance upon information contained within this website. All products and services delivered to users are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall PHIZZ, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost savings, lost revenue, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any part of our service or any products obtained using the service, or for any other claim related in any way 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 incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum amount permitted by the law.

Viruses hacking and other offences

PHIZZ will report any users who attempt to commit a criminal offence under the Computer Misuse Act 1990. This includes those who knowingly introducing viruses, worms, trojans or other material which is malicious or technologically harmful to this website, or those who attempt to gain unauthorized access to the website or any servers and databases on which this website and data contained within this website is stored. This also includes those who attempt to engage in denial-of-service or disruption-of-service attacks on this website, or the servers on which it is stored.

Any breach of the law will be reported to the relevant authorities. PHIZZ will co-operate fully with law enforcement to ensure perpetrators are punished to the extent of the law. Persons who attempt such offences will lose their right to use this website. PHIZZ may not be liable for any loss or damage that may occur due to loss of service of this website, or from harmful material that may infect your computer as a result of using this website or any websites linked to it, or downloading any content from these websites.

Third-party links and vendors

Certain contents, tools or services contained, or accessible via hyper-links, within this website are provided and administered by third-parties who are not affiliated with us. We provide these third-party materials “as is” and “as available”. We are unable to confirm the reliability of third-party materials or the availability of their content. Users of links to third-party websites and vendors accessed via this website do so at their own risk. PHIZZ does not accept responsibility for any damage or liability that may result from using third-party materials, or the quality of their content. Please carefully review the relevant terms and conditions of third-party websites and vendors before engaging in their use or partaking in any services or transactions through them. Any complaints, questions or concerns regarding third-party products or content should be directed to the relevant party, not to PHIZZ. The links provided on this website are for the purpose of convenience, this is not meant to restrict users solely to these websites.

Conditions of sale and delivery

We reserve the right to refuse, limit, or cancel orders placed through this website. This will be at our sole discretion and may include orders placed by the same user account, e-mail address, billing address or credit/debit card. In instances where we deem it necessary to modify any orders we will endeavor to notify the users through the contact details they provide to us. By agreeing to purchase products through this website users accept responsibility for providing complete, current and accurate billing and contact information. If this information should change, users must ensure they modify their billing and contact information to ensure we can complete any pending transactions.

Users understand that content supplied to this website may be transferred unencrypted over various computer networks. To maintain security, credit and debit card information will always be encrypted when transferred across computer networks.

Users should be aware that this website and associated e-commerce platform are hosted by Shopify Inc.

Errors, inaccuracies and omissions

On occasion information displayed on this, or third-party websites may contain certain typographical errors, inaccuracies or omissions. These may relate to products, pricing, promotions, shipping charges, transit times and availability. We reserve the right to correct, change, update or cancel information relating to our service at any time, including after orders have been submitted, if said information is deemed by us to be incorrect or inaccurate.

We are under no obligation to update, amend or clarify any information related to our service or on related websites, unless required to do so by law. Updates to information provided on this website, or other related websites, should not be assumed by users to indicate that all information contained therein relating to our service is accurate and complete or that the entire contents of said websites have been updated.

Products and services

We reserve the right to alter any descriptions, renderings or digital images of products reported on this website at any time. Every effort has been made to ensure that the representation of PHIZZ products on this website matches the appearance of the products available in shops. Users should be aware that the display of their computers might cause the images to appear different from the physical appearance of the product. We reserve the right to discontinue any of our products at any time. We are unable to guarantee that any products or services purchased through this website will meet users expectations.

The price and availability of products and services listed on this website are subject to change at any time at our discretion. Certain offers or products may be provided that are limited to purchase through this website. These offers may be limited in number, in addition to being restricted to certain geographical locations. Offers for any of our products or services that are prohibited will be deemed void.

We cannot be help responsible for differences in price of products or services associated with purchase from third-parties. We shall not be held liable to users or third-parties for changes in price, modification or discontinuation of products or services offered through this website.

Shipping & Postage

All consumer purchases will be posted via Royal Mail.  

Returns policy

Unfortunately due to the nature of our product we are unable to accept returns of any opened tubes. Returns for other reasons, for example damaged products, will be considered on a case-by-case basis. Please contact info@phizz.co for more details.

Privacy Policy

We take the privacy of your personal information seriously. You can view our privacy policy here.

Legal

Severability

Should any of the terms or provisions outlined in this document be determined to be unlawful, void or unenforceable, they shall remain enforceable to the full extent of that which is permitted by law. In such circumstances any unlawful or unenforceable portion of this document shall be severed from the remainder of the terms and provisions outline herein and will not affect the validity of the remaining items, which will remain fully enforceable.

Entire agreement

Any failure by us to exercise or enforce any right or provision laid out in these Terms and Conditions of Service does not constitute a waiver of said rights or provision. The Terms and Conditions of Service contained within this document represent the entire agreement and understanding between PHIZZ and users of this website. These Terms supersede other agreements and proposals, both previous or contemporaneous, communicated either orally of in written form, between PHIZZ and the user. This includes, but is not limited to, previous versions of the Terms and Conditions of Service.

Any uncertainties in the interpretation of these Terms shall not be construed against the drafting party.

Governing Law

The terms outlined herein and any separate terms and agreements provided by PHIZZ shall be governed and construed in accordance with the laws of the United Kingdom.

Indemnity

Users agree to indemnify, defend and hold harmless PHIZZ and our parent, subsidiaries, partners, directors, affiliates, officers, agents, contractors, subcontractors, licensors, service providers, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

International users

This website is intended for use in the UK and Ireland. PHIZZ is unable to guarantee that the information contained within this website are applicable outside this region. Visitors to this website from outside the UK and Ireland should ensure that they do so in compliance with local law in their place of use. PHIZZ is unable to guarantee that products and services supplied through this website will be available to users outside this region in the same form or under the same conditions as they are presented here.

Termination of terms

The terms outlined within this document and any associated documents remain effective unless terminated by either PHIZZ or the user. Users may terminate these terms at any time by providing notification or ceasing to utilize this site and engage in our service. Any obligations and liabilities incurred prior to the termination of this agreement shall survive the termination of this agreement for all purposes. If we judge users to have failed to comply with any term or provision contained within them we may terminate this agreement without any notice. Users will remain liable for any outstanding amounts until the date of termination.

Contact information

If you have any further questions or wish to get in touch please contact us at

Email:    info@phizz.co

Post:     Phizz Limited  Cooper House 3P1, 2 Michael Road London, SW6 2AD United Kingdom