1. Scope of Terms and Conditions
The Terms and Conditions set forth below shall apply to all use of the PHOENIX JAYY brand and Website www.PhoenixJayy.co.uk (the "Website") and purchase of products through the Website. By your use of the Website or purchase of products through the Website, you agree to these Terms and Conditions. Please read them carefully. By using the Website or purchasing products through the Website, you agree that all agreements, notices, disclosures and other communications that Phoenix Jayy provides to you electronically satisfy any legal requirements that such agreements, notices, disclosures and other communications be in writing.
2. Your Order via PhoenixJayy.co.uk
Phoenix Jayy only sells products to adults who can purchase its products using a debit /credit card or a valid PayPal account. By purchasing a product using this Website, you represent to Phoenix Jayy that you are an adult at least 18 years of age and that you are authorized to make the purchase using the credit card account information you provide. When you use this Website, you are responsible for maintaining the confidentiality of your access information and for restricting access to your computer. You agree to accept responsibility for all activities that occur on your computer relating to any use of the Website or any purchase of Phoenix Jayy's products through your computer.
Offers to purchase must be submitted on the Website. Phoenix Jayy is entitled to refuse orders or to postpone them at its discretion. Orders are accepted only by the written approval of an officer of Phoenix Jayy at its London, UK office, or by shipment of ordered goods, whichever occurs first. Phoenix Jayy may change its product specifications at any time. Information appearing online such as color and dimensions, will be binding only when referenced in an order acknowledgement, and deviations due to manufacturing process are permissible. All indicated prices are in GBP (Great Britain Pound), standard packaging included and not binding. Prices are subject to change without notice. You shall pay Phoenix Jayy’s standard prices in effect on the date of delivery.
4. Parties to the Transaction, Customer Service, and Other Enquiries
PHOENIX JAYY LTD,
81 Oxford Street
London, W1D 2EU
All complaints or claims may be sent to this address. Phoenix Jayy's customer service department may be contacted using the following contact information:
5. Completion of a Purchase
Credit card payment or payment via PayPal is the only form of payment Phoenix Jayy accepts for products ordered by you through the Website. Any orders placed by you on this Website constitute a binding offer by you to conclude a purchase with Phoenix Jayy. The binding purchase agreement comes into existence only when Phoenix Jayy accepts your order on the Website by sending you an e-mail or written communication, or by shipping the products ordered.
On www.PhoenixJayy.co.uk payment will be handled by PayPal. You pay immediately and online using one of the following credit cards - Visa, American Express, MasterCard and Discover or using a valid PayPal account.
6. Duties and Taxes
You are responsible for all duties, taxes, custom charges, shipping, handling or other governmental charges imposed by any foreign, federal, state or local authority relating to your order, and you authorize Phoenix Jayy to charge the applicable charges to your credit card.
7. Reservations and Exceptions
Phoenix Jayy reserves the right to change prices, terms, specifications and warranties for products on this Website at any time without prior notice. Phoenix Jayy attempts to post accurate information, but errors may sometimes occur. Any such errors in product specifications, descriptions, and pricing will be corrected when discovered and Phoenix Jayy reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted. If an error in pricing is discovered after your order has been submitted, Phoenix Jayy will inform you of the error at which time you may cancel or reaffirm your order at your option.
8. Product Availability
On www.PhoenixJayy.co.uk you may check whether the product is available. Once Phoenix Jayy accepts your order, it will attempt to promptly fill the order subject to available inventories. Should an item not be available, we kindly ask you to try back later.
9. Terms of Payment
The purchase price for the products ordered by you is due upon the shipment of your order by Phoenix Jayy. Upon shipment, Phoenix Jayy will charge the credit card account you identified when your order was placed for the purchase price, the cost of shipping and handling and applicable taxes. You may not make any set off against Phoenix Jayy's claim for payment unless the amount set off is not disputed by Phoenix Jayy or has been the subject of a final and binding judgement against Phoenix Jayy.
10. Delivery, Shipment and Reservation of Title
The products ordered by you will be delivered solely to the address entered by you through a delivery service selected by Phoenix Jayy.
All goods are shipped F.O.B Phoenix Jayy’s Facility, London, UK at your risk, and risk of loss shall pass to you upon delivery to carrier. Each shipment shall be a separate and independent transaction and may be individually invoiced.
For products ordered on www.PhoenixJayy.co.uk and delivered within the United Kingdom, you shall bear £ 5.25 for standard shipping within 1 to 5 business days, available from Monday to Friday (for orders received before 1pm).
11. Right to Cancel the Purchase
You may cancel the purchase for any reason up to 14 days following your receipt of the ordered products. If you cancel this purchase, Phoenix Jayy will, upon receipt of the returned products, refund or credit any payments you have made for the ordered products.
You shall pack up the products and ship back to us in original packaging and in the quality originally despatched to you.
To cancel the purchase, you must send the products back to the following address within 14 days of your receipt of the products:
PHOENIX JAYY LTD
c/o Online Store Returns
Phoenix Jayy Limited,
81 Oxford St, London.
You must take reasonable care that the products are not damaged during their return.
For hygiene reasons we are unable to accept the return of earrings unless they are damaged.
12. Prohibition of Assignment
You may assign your contractual rights under these Terms and Conditions to a third party only with Phoenix Jayy's prior written consent.
13. Applicable Law
By using this Website, you agree that the laws of United Kingdom shall govern these Terms and Conditions without giving effect to any conflict of laws principles. Phoenix Jayy reserves the right to make changes to the Website and to these Terms and Conditions at any time by updating this posting. By using the Website, you agree to be bound by the Terms and Conditions in effect at the time of your use or purchase.
Phoenix Jayy will process your name, address, date of birth and E-mail address (hereafter: personal data) fairly and lawfully.
The processing will be carried out with electronic and automated means. We will save and use your personal data to (1) handle orders, (2) keep you informed about our market activities, (3) render services for market research and improve our website and our product range, (4) update our records and maintain your accounts with us, and (5) display content such as shopping lists or saved designs and recommend merchandise and services that might be of interest to you.
You agree explicitly that your personal data will be saved and processed by Phoenix Jayy Ltd to help us personalize and continually improve your shopping experience at PHOENIX JAYY.
By registering, you consent to the possibility of being contacted directly by us either by phone or electronic message without your prior request. By registering with us you are expressly consenting to such use of your personal data. You cannot register without giving this consent. You can, however, use those parts of our website that do not require registration.
You can revoke your consent to the storage and the processing of your data at any time by contacting our customer support customerservices@PhoenixJayy.co.uk, with effect for the future.
Furthermore, when you order from our web site, payment will be handled by PayPal.com via your existing or new PayPal.com account. Your account information will be collected and used by PayPal.com and subject to the PayPal.com Privacy Notice.
15. Disclaimers and Limitations of Liability Relating to Use of the Website
The Website is provided on an "AS IS," "as available" basis. Neither Phoenix Jayy nor its affiliates, subsidiaries, or designees nor any of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors, or the like (collectively "affiliates") warrant that use of the Website will be uninterrupted or error-free. Neither Phoenix Jayy nor its affiliates warrant the accuracy, integrity or completeness of the content provided on the Website. You expressly agree that use of the Website is at your sole risk.
You agree that under no circumstances shall Phoenix Jayy or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Website, including but not limited to reliance by a user on any information obtained on the Website or that result from mistakes, omissions, interruptions, deletion of files or e-mail errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Phoenix Jayy records, programs or services. The foregoing limitation of liability shall apply whether in an action of contract, negligence or other tort. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
16. Proprietary Rights
Content included on or comprising the Website, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "content") are protected by copyrights, trademarks, patent or other proprietary rights. All content is copyrighted as a collective work under the U.K. copyright laws and Phoenix Jayy owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement and enhancement of such content. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the content, in whole or in part.
17. Complete Agreement
You may not modify, delete or amend these Terms and Conditions in any manner without the express written agreement of Phoenix Jayy.
18. Terms and Conditions Headings
The section headings used in these Terms and Conditions are for convenience only and do not form a part of these Terms and Conditions and no construction or inference shall be derived from them.