These terms and conditions apply to your use of the Website and by accessing, purchasing or ordering the Goods and/or Services, you agree to be bound by the terms and conditions set out below. Before you place an order, if you have any questions relating to these terms and conditions please contact us at email@example.com.
We reserve the right to change or add to these Conditions from time to time. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions, then You must immediately stop using the Website.
“Conditions” means these terms and conditions;
“Goods” means goods displayed for sale on the Website;
“Infinity Mist” means Infinity Mist Ltd, together with its subsidiary and holding companies and any subsidiaries of such holding companies;
“Online Sales” means sales of Goods and Services conducted through the Website;
”Personal Information” means the details provided by you to us;
“Product Description” means that part of the Website where details in respect of the individual Good or Service are provided;
“Services” means services displayed for sale on the Website;
“Us/Our/We/ Infinity Mist” means Infinity Mist Ltd.
“Users” means the users of the Website collectively;
“User Information” means the details provided by you on any application to buy Goods or Services from us via the Website;
“Website” means the website located at www.infinitymist.co.uk or any subsequent URL which may replace it; and
“You/Your” means a user of the Website.
1.1 We will provide you with access to the Website and sell You Goods/Services in accordance with these Conditions.
2.1 By accessing this website, you undertake and agree:
a) Not to use the Website (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant laws;
b) not to upload or transmit through the Website without limitation, any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
c) not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
d) not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
e) not use the Website in any manner which violates or infringes the rights of any person, firm or company or the rights thereof (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
f) not attempt any unauthorised access to any part or component of the Website; and,
g) that in the event that You have any right, claim or action against any other User arising out of that User’s use of the Website, then You will pursue such right, claim or action independently of, and without recourse to Us.
h) Infinity Mist Ltd gives no authority (whether implied or express) to deep link to or frame any of the content which appears on our Website or to use a representation of the company’s trademarks as a link button without the express written agreement of Infinity Mist Ltd.
i) You will only use the website for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
j) that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in Us or Our licensors. You are permitted to use this material only as expressly authorised in writing by Us or Our licensors.
k) that the material and content contained within the Website is made available for Your personal non-commercial use only. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
3.1 We will use Our reasonable endeavors to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because You cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
3.2 We reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to You and You confirm that we shall not be liable to You or any third party for any modification to or withdrawal of the Website; and/or change these Conditions from time to time, and Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change.
3.3 We reserve the right to refuse to process a transaction for any reason or refuse service to anyone at any time in our sole discretion. We will not be liable to You or any third party by reason of our doing any of the following: withdrawing any Good or Services from the Website whether or not those Goods or Services have been sold; removing, screening or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
3.4 We reserve the right to modify the price or the content or withdraw, temporarily or permanently, some or all of the Goods or Services available. Unless you have placed an order for any Goods or Services by the time such a change takes effect, we shall not be obliged to give you notice of any such modification or withdrawal.
3.5 From time to time we may also have to make changes in the specification of any Good or Service:
a) To make it conform with any applicable safety or other statutory requirements; or
b) to make it reflect changes in the manufacturer’s specification but we will endeavor to ensure that such changes do not reduce the quality or performance of such a Good and/or Service. Where you have placed an order for the affected Good and/or Service and such changes are substantial, we will notify you in advance to ensure that you still wish to proceed with any order that you have placed.
3.6 Unless you have placed an order for any Goods or Services by the time such a change takes effect, we shall not be obliged to give you notice of any such modification or withdrawal.
3.7 You will be subject to the policies and Conditions in force at the time you order or otherwise purchase the Goods, unless we are legally obliged to make changes to these Conditions that apply retrospectively. If this happens, these changes will apply to any orders we have not yet fulfilled when the changes took effect, even if your order was placed previously.
3.8 We shall not withdraw or modify to your substantial detriment any of the Goods for which we have accepted an order from you, other than where such modification or withdrawal is required as a result of events outside of our reasonable control.
3.9 Products pictures may in some cases differ to the product you will receive. This could be due to a product update or other such change made by a manufacturer.
3.10 Estimated time frames for delivery of Goods or completion of Services are estimates only and delays may arise due to matters outside of our reasonable control.
4.1 Goods and Services are available only to individuals who we, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, residents in the United Kingdom over the age of 18 years. If you are not 18 years of age you must cease use of all parts of the Website including browsing.
4.2 When requested by us, you must provide your name, phone number, address, payment details and other requested information to confirm your identity and to process your purchase.
4.3 Each order placed by you will be treated as an offer to purchase the Goods to which your order relates. The contract will only be completed when we dispatch the Goods or when we take any due payment from you (which includes debiting your payment method), whichever is the earlier.
4.4 You acknowledge that any automated acknowledgement given when you place an online order shall not amount to our acceptance of your offer to purchase.
4.5 We may, at our own discretion, limit, restrict or reject any order you place at any time prior to the contract having been completed. Where this happens, we will attempt to contact you.
4.6 We also reserve the right to limit or prohibit sales to dealers or to entities that we believe, in our sole discretion, are making use of the Goods or Services for profit.
4.7 All orders are subject to acceptance and availability. If the Goods You have ordered is not available from stock You will be contacted by email or phone (if you have given Us details) and You will have the option either to wait until the item is available from stock, receive a substitute of equivalent price or to cancel Your order.
5. Price and Payment
5.1 We reserve the right to change prices without prior notice to You.
5.2 The price of the Goods shall be the price of which we inform you prior to accepting your order. Prices may include VAT (when applicable) at current rates.
5.3 When requested by us, you must provide your name, phone number, address, payment details and other requested information to confirm your identity and to process your purchase.
5.4 By purchasing through this website you undertake and agree:
a) To pay in GBP any amounts due to us in a timely manner;
b) that the Personal Information you provide is true, accurate, current and complete in all respects;
c) to notify us immediately of any changes to the Personal Information by emailing firstname.lastname@example.org.
d) not to impersonate any other person or entity or to use a false name;
e) that any payment method you use is yours.
5.5 If you fail to make any payment when due then, without prejudice to any other right or remedy we may have, we may:
a) Where you have ordered Goods cancel this agreement; and/or
b) charge you interest (before and after any judgment) on the amount unpaid, at the rate of 4% per calendar month, until payment is made in full (a part of the month being treated as a full month for the purpose of calculating interest).
5.6 Payment methods are subject to validation checks and authorisation and we will not be liable for any delay or non-delivery caused by failure of such checks or authorisation.
5.7 Once your Goods have been collected and/or otherwise received by you, all risk of damage to, or loss of, the Goods shall pass to you.
5.8 Irrespective of your receipt of the Goods, the passing of risk or any other provision of these conditions, ownership shall not pass to you until we have payment in full for the Goods.
5.9 Until such time as the ownership passes to you, you shall hold the Goods on our behalf and keep them safe and identified as our property, and we shall be entitled to ask you to return the Goods to us at your expense.
5.10 Payment can be made by any major credit or debit card and will be facilitated through a third-party service. Payment will be debited and cleared from Your account before the dispatch of Your Good or provision of the Service to you.
5.11 All credit/debit card holders are subject to validation checks and authorisation by the card issuer and We may share Your personal information with such third parties as are necessary to enable Us to do such checks. If the issuer of Your payment card refuses to authorise payment to Us, we will not be liable for any delay or non-delivery.
6. Eligibility to Purchase
6.1 The purchase of Goods or Services is limited to parties:
a) That can lawfully enter into and form contracts on the Website under UK law;
b) who are resident or incorporated in the United Kingdom. This means that if You are an individual, You must be 18 years or older to purchase any Goods or Services via the Website and by offering to purchase any Goods or Services You represent to us that You are 18 years of age or older.
6.2 By making an offer to buy any Goods or Services, You specifically authorise Us to transmit information (including any updated information) or to obtain information about You from third parties from time to time, including but not limited to Your credit-card number or credit reports, to authenticate Your identity, to validate Your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
7. Contract creation and electronic contracting
7.1 The technical steps required to create the contract between You and Us are as follows:
a) you place the order for Your Products on the website by pressing the confirm order button at the end of the check-out process;
b) we will send to You an order acknowledgement email detailing the products You have ordered. This is not an order confirmation or order acceptance from Us;
c) as Your product is shipped from our warehouse. We will send you a dispatch confirmation email;
d) order acceptance and the completion of the contract between You and Us will take place on the dispatch to you of the Products ordered unless We have notified You that we do not accept Your order or You have cancelled it in accordance with the instructions in these conditions.
7.2 Non-acceptance of an order may be a result of one of the following:
a) The product you ordered being unavailable from stock;
b) our inability to obtain authorisation for your payment;
c) the identification of a pricing or product description error resulting in the withdrawal of the product; or
d) you do not meet the eligibility to order criteria set out in these Terms & Conditions.
8. Cancellation, Returns and Exchanges
8.1 Without prejudice to any of our rights stipulated in the Terms & Conditions, if either party breaks the terms of these Conditions in any material way, the other party can terminate these Conditions by giving the other party 7 days’ written notice.
8.2 Please note for safety and hygiene reasons we are unable to refund or exchange any used products.
8.3 In certain situations, we may be prepared to give you a refund or exchange for Goods if you change your mind. For details on our Refunds and Returns Policy please visit: www.infinitymist.co.uk/refunds-returns.
8.4 Consumers ordering Goods at a distance (such as via telephone or online) have certain cancellation rights under the Consumer Protection (Distance Selling) Regulations 2000.
8.5 You may cancel any order for Goods at any time within 14 working days (a working day is any day except Saturday, Sunday and UK public holidays) from the day after receiving your Goods without liability to us. If your purchase has been dispatched it will be your responsibility to return the item in its original sealed packaging before a refund will be processed.
8.6 You may cancel your order by emailing us at email@example.com.
8.7 If you cancel an order for Goods, they must be returned to us unused and in its original packaging within a reasonable period, complete (with any accessories, leads or other items provided with the Goods) and undamaged, with proof of purchase. If you fail to return the Goods in this manner, we may charge you the costs we incur in recovering the Goods from you (which may be substantial) or the stand alone retail value of any missing or damaged items.
8.8 You must return the Goods by sending them to the address provided by us once you start the returns procedure, in some occasion at your cost. It is your responsibility to ensure that the Goods are received by us and we recommend using Special Delivery or Signed For services where appropriate.
8.9 You shall be under a duty to take reasonable care of the Goods until received and it is your responsibility to ensure that the Goods are not damaged whilst in transit using transport arranged by you.
8.10 You are entitled to examine any Goods ordered as you would in a shop. However, if you use the Goods, you may lose your right to cancel your purchase. We reserve the right to charge you for the value of any Goods returned which have been used or damaged whilst in your possession, up to the full cost price of the Goods.
8.11 If we agree to cancel your order in accordance with the above, we will refund any sums paid by you in relation to your order within 30 days.
9. Your Personal Information
9.1 We respect your personal information and undertake to comply with applicable Data Protection legislation and any other relevant legislation.
9.3 We may hold information that you provide to us (such as on an application or registration form) or that we may obtain from another source (such as our suppliers, marketing organisations or credit reference agencies). This information (“Your Information”) may include your name, address, date of birth, telephone numbers, email address and details of how you use our products and services together with general information about the way you pay and manage your account.
9.4 Your Information may be held and used by us for a number of purposes and we may use third parties to support us with purposes which include, without limitation:
a) Processing your orders or applications; administering your account and billing; settling accounts with those who provide related services to us; disclosing your data to bank and debit and credit card companies to validate your debit or credit card details; dealing with requests, enquiries or complaints and other customer care related activities; debt recovery (also using recovery agents and agents facilitating to contact you) and legal actions and all other general administrative and business purposes;
b) carrying out market and product analysis of Your Information to develop and improve and to tell you about Infinity Mist Limited’s products and services, new developments, special offers and discounts which we believe may be of interest to you. We may tell you by automated means or otherwise, including by email, mobile text message, MMS, telephone and post, subject to any preferences indicated by you at the time you give us Your Information; contacting you about the products and services of carefully selected third parties and allowing you to receive advertising and marketing information from those selected third parties but without passing control of Your Information to the third party concerned;
c) registering your details and allocating or offering you rewards, discounts or other benefits and fulfilling any requests or requirements you may have in respect of our and our group companies’ loyalty or reward schemes and other similar schemes; or
d) carrying out any activity or disclosure in connection with a legal, governmental or regulatory requirement on us or in connection with legal proceedings, and for the prevention and detection of crime or fraud and the prosecution of offenders or suspected offenders.
9.5 You agree to the disclosure by us of the following information to any telecommunications company, debt collection agency, credit reference agency, credit or fraud monitoring scheme, credit provider or security agency:
a) Any information relating to your contract with us including details of how you conduct your account and your obligations to us and your personal financial information;
b) any information which is covered by our registration under the Data Protection Act 1998 as amended from time to time; and
c) any information which we are required by an order of any court of competent jurisdiction or by statutory authority to disclose.
9.6 You should be aware that if we are requested by the police or any regulatory government authority investigating suspected illegal activities to provide your user information or information concerning your activities whilst using the Service we shall do so.
9.7 We also reserve the right to disclose individually identifiable information to third parties where a complaint arises concerning your use that is deemed by us to be inconsistent with these terms.
9.8 We may disclose to third parties aggregated data relating to the use of the Goods provided that a single individual is not identifiable in such data.
9.9 We will not collect any personal information about you unless you have chosen to give it to us. Do not give it to us if you do not want it collected.
9.11 If you would like us to tell you what information we hold about you, please email us at firstname.lastname@example.org and include your full name, address and a copy of your ID with each request. We may charge a £10 administration fee for this service.
9.12 You will have the opportunity to consent to us contacting you by post, email, phone, SMS or MMS about products and services which Infinity Mist and believes may be of interest to you. You can make changes to your marketing preferences at any time by emailing us at email@example.com. Please note that it may take up to 28 days for such changes to take effect.
9.13 We will take all reasonable care, in so far as it is in Our power to do so, to keep the details of Your order and payment secure, but in the absence of negligence on Our part, We are not liable for any loss You may suffer if a third party procures unauthorised access to any data You provide when accessing or ordering from the Website.
9.14 Messages sent by email may not be secure and may be intercepted by third parties. If You disregard this warning and choose to send Us confidential information by email, You agree that You do so at Your own risk and that You will not hold Us responsible for any loss that You suffer as a result. If You have chosen to discuss your personal account details via email We will try to respond to You in this way. We cannot guarantee the security of Your personal information by this communications medium.
10. Limitation of Liability
10.1 We will not be liable for any loss or damage caused by us in circumstances where:
a) There is no breach of a legal duty of care owed to you by us; and/or
b) such loss or damage is not reasonably foreseeable.
10.2 We Will not be liable for any loss or damage caused wholly or mainly by your breach of these Conditions.
10.3 Our liability shall not in any event include losses related to any business of a customer including but not limited to lost data, lost profits or business interruption.
10.4 Nothing in these Conditions shall:
a) Exclude or limit our liability for death or personal injury resulting from our acts or omissions or those of our servants, agents or employees; or
b) limit your rights as a consumer under applicable UK law.
10.5 All Services are provided on a commercially reasonable basis. Although we will provide the Services with reasonable skill and care, we make no warranty that the Services will meet your exact requirements or that they will always be available.
10.6 The Goods, where new, are sold with the benefit of and subject to the terms set out in any warranty or guarantee given by the manufacturer of the Goods. This is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform to the legally required standard.
10.7 Events Beyond the Parties Reasonable Control: If either of us cannot do what we have promised because of something beyond our reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible, or acts of local or central government or other competent authorities, such party will not be liable for this.
10.8 While We will use reasonable endeavors to verify the accuracy of any information We place on the Website, We make no warranties, whether express or implied in relation to its accuracy.
10.9 The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and We make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
10.10 We make no warranty that the Website will meet Your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
10.11 To the fullest extent permissible under applicable law, We disclaim any and all warranties of any kind, whether express or implied, in relation to the Goods and Services including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose.
10.12 Notwithstanding any other provision in the Conditions, nothing herein shall limit Your rights as a consumer under UK law.
10.13 The information provided to You in connection with the Goods and Services is provided by the suppliers of such Goods and Services and You acknowledge that We do not verify the accuracy of such information. The fact that information, products or services are shown on this site does not necessarily mean that:
a) You should rely on the information (whether provided by us or third parties);
b) we endorse the information, products or services provided by third parties; or
c) the product and services that we provide are suitable for you. It is your responsibility to check this out. Some of the services on this site may not be available or may have changed.
10.14 We therefore exclude all liability of any kind (including but not limited to defamation, breach of confidence, intellectual property right infringements, invasion of privacy and negligence) for the transmission or reception of such information of whatever nature to
10.15 You acknowledge that We cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by You.
10.16 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these Conditions for:
a) Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
b) any loss of goodwill or reputation; or
c) any loss which was not brought to Our attention at the time the contract was made or any loss that would be an unforeseeable consequence of a breach of the contract by Us; or
d) in any case whether or not such losses were within the contemplation of either of Us at the date on which the event giving rise to the loss occurred, was suffered or incurred by one of Us arising out of or in connection with the provisions of any matter under these Conditions.
10.17 Nothing in the Conditions shall exclude or limit Our liability for death or personal injury resulting from Our negligence or that of Our servants, agents or employees.
10.18 In an attempt to provide increased value to Our Users, We may provide links to other websites or resources. You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, goods or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
11.1 You agree to be fully responsible for all claims, liability, damages, losses, costs and expenses, including legal fees on a full indemnity cost basis, suffered by Us and arising out of any breach of the Conditions by You or any other liabilities arising out of Your use of the Website, or the use by any other person accessing the Website using Your Internet account and/or Your Personal Information.
12. Handling Complaints
12.1 There may well be occasions when you are unhappy with the service that We provided to You. In these cases, We will endeavor to be fair and efficient in handling any complaint You should have and to process your complaint confidentially.
12.2 If You have a complaint, please email firstname.lastname@example.org.
12.3 We will endeavor to give You an answer within 21 days and will provide You with a likely timescale for resolving the dispute. We will keep You informed about the progress of Your complaint. We undertake to check Our system regularly for handling complaints.
12.4 We undertake to check Our system regularly for handling complaints and We welcome any suggestion You may have in relation to how this system may be improved.
13.1 You may send us notices under or in connection with these Conditions by email to email@example.com.
13.2 As proof of sending does not guarantee Our receipt of Your notice, You must ensure that You have received an acknowledgement from Us which should be retained by You.
13.3 Once you have contacted us in respect of any notices we may provide you with a relevant postal address for all future communications.
14.1 Third Parties: Nobody but you and us can benefit from these Conditions under the Contracts (Rights of Third Parties) Act 1999.
13.1 Assignment: You may not but we may, assign, charge or otherwise dispose of our rights under these Conditions. Any attempt by you to do so shall be void.
13.2 Governing Law: These Conditions will be governed by the law of England & Wales and you irrevocably submit to the exclusive jurisdiction of the courts of Britain.
13.3 Each Clause of these Conditions operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after our agreement has been terminated or cancelled.
13.4 Severance: If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
13.5 Waiver: No waiver by Us shall be construed as a waiver of any preceding or succeeding breach of any provision.
13.6 Survival: Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
13.7 Entire Agreement: These Conditions (as amended from time to time) contain the entire agreement between You and Us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings, representations or proposals, written or oral, between You and Us in relation to such matters. You confirm that You have read these conditions and, You fully understand them and You also agree that these conditions are the only terms that rule Your relationship with us.