Overview
This document contains the terms and conditions that regulate the sale of the products presented on this website by Smogg. This website, operated with the domain name smogg.co.uk, is managed by the company Infrasound Limited (represented by the registered trademark Smogg). Throughout the site, the terms “we”, “us” and “our” refer to Smogg.
Please read these terms and conditions carefully, as by making an order via this website you will be granting your consent to be bound under these Terms and Conditions of Purchase, the Conditions of Use for the website and our Privacy Policy and the use of cookies. If you do not agree with all of these conditions and policies, you must not use this website.
These Terms and Conditions may be modified at any time, so you must read them before making any purchase via our website. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Wix. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
If you have any questions regarding these Terms and Conditions, you may contact us by sending an e-mail to shop@smogg.co.uk
Online Store Terms
By agreeing to the Terms and Conditions and proceeding with your purchase, you declare that you have read and accept, without any reservations, these conditions of purchase and in particular that:
You are over the age of 16 and have sufficient legal capacity to be bound by contractual terms and conditions.
You shall not place any false, fraudulent or speculative orders.
You are obliged to correctly provide us with your e-mail address, postal address and/or other contact details - please note that if you do not provide us with all of the required information, we will not be able to process your order.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms and Conditions will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
Availability of Products and Services
In any event, all orders will be subject to availability. If any difficulties occur with regard to their supply or stock, you will be refunded any amounts you would have paid. We reserve the right to withdraw any product from this website at any time without notice.
Although we will do everything possible to always process all orders, exceptional circumstances may arise that require us to reject processing an order after having sent the order confirmation, and so we reserve the right to do so at any time. In any event, Smogg will not be liable for removing any product from this website, removing or altering any material or contents of the website, or for not processing an order once we have sent the order confirmation.
Products and Services
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
The prices we charge for our products are listed on the website. We reserve the right to change our prices for products displayed at any time without notice, and to correct pricing errors that may inadvertently occur.
Retention of right to change offering
We reserve the right at any time to modify or discontinue the products without notice.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the products.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.
Warranties and responsibilities for Products and Services
When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us.
Ownership of intellectual property, copyrights and logos
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Smogg. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
Indemnification
You agree to indemnify and hold Smogg harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall Smogg, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Smogg assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Right to change and modify Terms and Conditions
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically. When we change the Terms and Conditions in a material manner, we will notify you that material changes have been made to the Terms and Conditions. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms and Conditions. If you do not agree to any of these terms or any future version of the Terms and Conditions, do not use or access (or continue to access) the website or the service.
Promotional emails and content
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with. If you don't want to receive such promotional materials or notices – please just notify us at any time.
Applicable Law
These Terms and Conditions, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Bulgarian legislation, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Plovdiv (Bulgaria). The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Customer support and contact
Any questions you may have about the Terms and Conditions should be sent to shop@smogg.co.uk