Terms and Conditions

Terms and Conditions

www.fridgemagic.com

TERMS AND CONDITIONS OF USE AND SALES

THIS IS A LEGAL AGREEMENT BETWEEN THE BUYER (“YOU”) AND WWW.FRIDGEMAGIC.COM (“US”) STATING THE TERMS THAT GOVERN YOUR USE OF AND YOUR PURCHASES MADE FROM THIS WEBSITE. IT IS IMPORTANT THAT YOU CAREFULLY READ THESE TERMS AND CONDITIONS.

AFTER READING THESE TERMS AND OUR PRIVACY POLICY, PLEASE CLICK “I AGREE”. IF YOU DO NOT AGREE TO THESE TERMS AND/OR OUR PRIVACY POLICY, PLEASE CLICK “I DO NOT AGREE,” AND DO NOT USE THE SERVICE.

If you are under 18, you may use the Site only with the involvement of a parent or guardian.

To PRINT these terms, click HERE.
To DOWNLOAD these terms, click HERE.

If you have any questions about these Terms, please contact us on www.fridgemagic.com or by post at Indigo Worldwide, 33-35 Daws Lane, London, NW7 4SD or by telephone on +44 208 906 6767

1. Parties

www.fridgemagic.com is a subsidiary of Indigo Worldwide Limited (Company Number 3682486, whose registered office address is 15 The Broadway, Woodford Green, IG8 0HL and we provide services to you (the “Services”) through the website located at www.fridgemagic.com (the “Site”).

2. Acceptance of Orders

All orders made by you through the Site are offers which are subject to acceptance by us, and we will indicate our acceptance to your order by sending you a Confirmation [or “Acknowledgement”] Email. No contract will be formed until such Confirmation Email is sent to you and we may choose not to accept your order for any reason.

By using the Services or by clicking “I AGREE”, you confirm your acceptance of these terms and conditions (the “Terms”) and our Privacy Policy which together govern purchases made by you, and your use of the Site and the Services. If you act on behalf of an organisation, by accepting the Terms you confirm that you have authority to bind your organisation.

Please note that the Terms and/or the Privacy Policy may vary from time to time without notice to you and that your continued use of the Site and/or the Services following such change constitutes your acceptance of the new terms and conditions or privacy policy.

The Privacy Policy is located at [www.fridgemagic.com/praxis.php/view/privacy].

3. Description of Services and Payment

When making an order through the Site, the technical steps you need to take to complete the order process are described below:

• Make your purchase selection from the options available on the "Buy" page. You select a product for purchase by selecting "Add to Cart"
• The Shopping Cart will display a summary of your selected purchases and associated costs. While you may view prices in currencies other than Pounds (GBP), all transactions will be reconciled and charged by Fridgemagic in Pounds. Other prices are indicative only.
• When you are satisfied with your selection and the contents of your shopping cart, select the "Checkout". At this stage you will be asked to "Register" your details. If you have shopped with Fridgemagic before, you will be able to enter your unique Username and Password to enter the checkout as a returning customer.
• In the 'Customer Registration' stage your will be required to correctly enter your contact, delivery and preferred login details. Once you have done so you can proceed to the Checkout stage. You will also be sent an email confirmation of your Login details.
• In the Checkout stage, you will be asked to confirm your contact and delivery details. You will also, need to select the appropriate freight option. At this stage you will need to confirm with a 'tickbox' that you have read and agree to these Terms and Conditions of use in order to complete your order.
• If you agree with all the details shown, click the "Proceed" button. This will take you to a final order summary page. Our credit card transactions are handled securely by RBS WorldPay . To pay for your order, please click the Proceed button to access the RBS WorldPay payment server. Please follow the RBS WorldPay instructions that appear in the popup window. You will be redirected to the Secure RBS WorldPay site which will appear in a new window.

In return for using the Site and benefiting from the Services, you agree to provide true, accurate, current and complete information about yourself where required and to ensure that this information is kept accurate, complete and up to date.

The total cost of your order is the price of the goods plus card processing and delivery charges, and will be confirmed to you in the Confirmation Email. Payment can be made by most major credit or debit cards and will be debited from your account upon despatch of the goods to you.

Price and availability information is subject to change without notice, however we will endeavor to inform you of any changes and, in that instance, you will have the right to cancel that order. Despite our best efforts, a small number of products in our catalogue may from time to time be incorrectly priced. If a product's correct price is lower than our stated price, we shall charge the lower amount. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.

All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, we will not be liable for any delay or non-delivery and we are not obliged to inform you of the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment.

4. Cancellation and Returns Policy

CANCELLATION:
Either party has the right to cancel this contract without penalty by written notice within seven (7) days. In the event of such cancellation by either party, we shall, subject to the terms below, refund all sums paid to us by you, excluding delivery charges.  In the event of cancellation of this contract after seven (7) days and within twenty eight (28) days, we shall, subject to the terms below, refund you at 50% of purchase value excluding delivery charges. In all cases delivery charges are non refundable.

If you cancel the contract, you will be responsible for the cost of returning the goods to us and you are under a duty to return the goods to us and to maintain them in the condition in which they were supplied by us. If goods are opened, damaged, or not saleable as new, we reserve the right to seek recompense.

If you cancel the contract after any item or items from your order have already been billed and/or despatched, you will need to follow our returns procedure below. We will not accept any liability for damage or loss caused by the carrier whilst items are in return transit.

RETURN OF FAULTY GOODS:
If a fault is found in the goods within 30 days of delivery we will (subject to confirmation of the fault) exchange the goods or refund you for the goods.  This does not affect your statutory rights.

No refund is available for goods returned after 30 days of purchase.

Delivery charges, equivalent to UK standard postal rates, are refundable on returns accepted as faulty.  We are unable to refund any excess cost that maybe incurred for use of couriers.

Please contact us at sales@indigoworldwide.co.uk for any further information

RETURNS PROCEDURE:

Please send all returns to:

Indigo Worldwide Ltd

33-35 Daws Lane

London

NW7 4SD

UK

Please note that in all cases we can not offer refunds on any goods that are opened and are not faulty.

We can not offer any refund on cost of return for non-faulty goods.

If you are returning goods to us, please send us an email to sales@indigoworldwide.co.uk and one of our team will get in touch. 

5. Tax Charges

All prices are inclusive of 15% VAT. The price for the goods as set on the Site includes VAT for EU deliveries. We are not responsible for any other importation taxes, sales taxes or charges that may be levied at the delivery destination. Our VAT number is GB 726484710

6. Delivery

We ship our products to delivery addresses in the UK only. We aim to deliver your purchases to you as quickly as possible, but please allow up to 30 days for delivery. The delivery price will be stated when you place your order. We cannot be held responsible if the delivery address supplied by you is wrong.

7. Your Warranties

You warrant that:

You will use the Web site only in accordance with these Terms & Conditions of Use and only for lawful purposes and in a lawful manner;

all information which you provide to us is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to such information;

You will not use the Site or the Services for any reason or purpose which is unlawful, defamatory, harmful or objectionable; and,

You will not do anything which may disrupt in any way the operation of the Site and the Services, nor do anything which would disrupt the use of the Site and the Services by any other user.


8. Intellectual Property

You acknowledge and agree that all copyright, trade marks, database rights and all other intellectual property rights in all material on the Web site, the Web site design, structure and graphics and all software and source codes connected with the Site shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.

You acknowledge and agree that the material contained within the Site is made available for your personal non-commercial use only. You may only access, view, copy and/or print pages from the Site for the sole purpose of evaluating or placing an order with us. Any other use of the material within the Site is strictly prohibited.

9. Licence for Site access

We grant you a limited licence to access and make personal use of the Site, but not to download (except for these Terms and normal page caching) or modify it, or any portion of it, except with our express written consent. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

10. External Links

We, and/or third parties via the Site, may provide links to other websites or resources. These are provided purely as a matter of convenience and we do not endorse the contents of those websites. We are not responsible for the availability of these websites, nor will we be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access those websites, you do so at your own risk.

11. Disclaimer of Warranties

While we use reasonable efforts to maintain the Site, you agree that you use the Site and the Services at your sole risk.

No advice or information, whether oral or written, obtained by you through or from the Site and the Services will create any warranty not expressly stated in the Terms, though this does not effect your statutory rights.

12. Indemnity

You agree to indemnify us and hold us harmless from and against any claims, actions or demands (including any legal fees incurred in connection therewith) resulting from misuse of the Site or breach of the Terms by you or (or, if you are accepting the Terms on behalf of an organisation) by you or anyone within your organisation. We will notify you promptly of any such claim, action or demand and will assist you as may be reasonably necessary providing you meet our costs and expenses (including our legal fees).

13. Limitation of Liability

Except for death or personal injury caused by our negligent acts or omissions, we shall only be liable for any loss or damage which is a reasonably foreseeable consequence of a breach of this agreement. In the event that you are using the goods or the Service in part for commercial purposes then no liability for loss of profits or other economic loss arising out of a breach of this agreement can be accepted.

You agree that in no event will our liability arising out of or in respect of the Terms exceed the payments made to us by you.

Your statutory rights as a consumer are not affected.

14. Suspension and Termination

If you act inconsistently with the Terms, we may immediately suspend and/or terminate your use of the Site and/or the Services and/or that of your organisation. In such an event, we shall not be liable to you, your organisation or any third party for any loss or damages suffered on account of such suspension and/or termination.

15. Trade Marks

The Fridgemagic name and logo is our trade mark and (save as expressly authorised by the Terms) you agree not to display or use them in any manner without our explicit prior written consent.

16. General

Neither party may alter these Terms without the written agreement of the other.

If any provision of the Terms is found to be invalid then that provision shall not affect the validity of the remaining provisions which shall remain fully enforceable.

Failure by us to exercise or enforce any right conferred by the Terms shall not be deemed to be a waiver of that right so as to prevent us from exercising or enforcing it or any other right on any other occasion.

Neither party shall be liable for failure to perform or delay in performing any obligation under the Terms if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, civil commotion or industrial dispute.

You shall not be entitled to assign this agreement or any part of it without our prior written consent (not to be unreasonably withheld) and we shall not assign this agreement or any part of it without prior written notice.

Both parties do not intend that any term of this agreement will be enforceable by any person that is not a party to it, by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

These Terms are governed by English law and both parties agree to submit to the non-exclusive jurisdiction of the English Courts.