Terms

Website Terms:-

On agreeing to the terms and conditions at checkout, you are confirming to us that the goods purchased will be for your own personal use and are not for resale. That you fully understand that if the country you wish to have products delivered to is not on our drop down list at checkout then the products cannot be purchased and sent to that country directly from us. We are unable to comment on forwarding companies as they operate out of our control.

VM-Worldwide has compiled this website and they accept no responsibility for any loss or damage of whatever nature arising in any way out of the use of, or inability to use, this website or from any error or omission in information contained in this website. VM-Worldwide reserve the absolute right to alter, suspend or discontinue any aspect of this website or the services provided through it, including your access to it.

Copyright and other intellectual property rights in the content of this website, including any VM-Worldwide marks, logos and brands contained in the website, belong to VM-Worldwide or its licensor(s) – who have expressly licensed content to VM-Worldwide.

None of the content or materials available from this website, whether permission is granted for downloading and/or circulation or otherwise, may be used for commercial exploitation. You are permitted to download and store (on a temporary basis) any of the contents of the website provide that it is solely to view such contents. You are forbidden from permanently copying, storing or in any way redistributing the contents of this website except for content made specifically for download, such as fact sheets. Such content may be downloaded only for your personal use. The access, downloading and/or use by any person of anything available from this website is entirely at the user’s own risk.

Any links to other websites have been included for convenience only and VM-Worldwide accept no responsibility or liability for the contents of, or any loss or damage caused or alleged to be caused by or in connection with use or reliance on the content of, any linked website. The inclusion of any link does not imply endorsement by VM-Worldwide of any linked website or its provider.

Whilst every care is taken to ensure that the information displayed on this website is correct, no warranty or representation is given to its quality, accuracy, fitness for purpose, usefulness or completeness, In particular the materials on this website do not give specific legal advice and should not be relied upon as doing so. In particular, users should be aware that laws and regulations might be different outside England & Wales.

VM-Worldwide will only use any personal data collected during our use of this website in accordance with the current UK data protection legislation and our privacy policy.

You agree to indemnify and hold VM-Worldwide, and any of its officers, employees and agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses of any character incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from misuse of or conduct on, this website and/or breach of these terms.

In addition – as a reminder :

When purchasing, and completing checkout, you agree to take ownership of your own health – confirming that you have discussed your personal health (past, present, future concerns) with a medically qualified person such as your doctor before ordering .When completing checkout you confirm that you have done so and that a medically qualified person has discussed our products with you and advised you accordingly to your condition as to whether they are suitable for your use. Either way Vagi-Moose Ltd is not accountable for any health issues you may have or may develop.

Terms and conditions for buyers:

1 Definitions

In these conditions, unless the context requires otherwise:

1.1 ‘Buyer’ means the person who buys or agrees to buy the goods from the Seller;

1.2 ‘Conditions’ means the terms and conditions of sale set out in this document and any special terms and conditions or other agreement agreed in writing by the Seller; goods are for personal use only and not for resale.

1.3 ‘Delivery Date’ means the date specified by the Seller when the goods are to be delivered;

1.4 ‘Goods’ means the articles which the Buyer agrees to buy from the Seller;

1.5 ‘Price’ means the price for the Goods excluding carriage, packing, insurance and VAT; and

1.6 ‘Seller’ means VM-Worldwide Ltd (company registration number 08850490)

1.7 Product classification means how the product(s) may be classified in different countries

1.8 In addition – as a reminder :

When purchasing, and completing checkout, you agree to take ownership of your own health – confirming that you have discussed your personal health (past, present, future concerns) with a medically qualified person such as your doctor before ordering .When completing checkout you confirm that you have done so and that a medically qualified person has discussed our products with you and advised you accordingly to your condition as to whether they are suitable for your use. Either way Vagi-Moose Ltd is not accountable for any health issues you may have or may develop.

2 Conditions applicable

2.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.

2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.

2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.

2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Parties.

3 Price and payment

3.1 The Price shall be the Seller’s quoted price. The Price is exclusive of VAT which shall be due at the rate ruling on the date of the Seller’s invoice.

3.2 Payment of the Price shall be due with order unless otherwise specified in writing. The Seller shall not be obliged to sell or dispatch any Goods to the Buyer in the absence of payment

3.3 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 2% above Cooperative Bank plc’s base rate from time to time in force and shall accrue at such a rate after as well as before any judgment.

3.4 The Seller shall be entitled to a general lien on all goods of the Buyer in the Seller’s possession (including goods of the Buyer which have been paid for) for the unpaid price of all goods sold to the Buyer by the Seller under this or any other contract.

3.5 Any additional costs levied upon arrival at a country of destination are outside of our control and are the buyer’s sole responsibility.

4 The Goods

4.1 The quantity and description of the Goods shall be as set out in the Seller’s quotation.

4.2 Goods are sold on this site exclusive of any retail packaging and are classified as either a ‘Female Marital Aid’, or Novelty or such other classification depending on the country of destination.

4.3 No right or licence is granted under this contract of sale to the Buyer under any patent, trade mark, copyright, registered design or other intellectual property right except the right to use or resell the Goods.

4.4 The Seller reserves the right to vary at its absolute discretion, the materials to be used in the manufacture of the Goods the subject of the Order and replace them with other materials of at least equal quality.

5 Warranties and liability

The Seller warrants that the Goods supplied will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12 as amended and/or the Unfair Terms in Consumer Contracts Regulations 1999 Regulation 3(1)) all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law. Advice given by telephone, letter or email is of a general opinion it does not over rule the opinion of a medically qualified person to whom your concerns or questions should be directed before making a decision to accept advice given from those working for the company.

6 Delivery of the Goods

6.1 Delivery of the Goods shall be made to the Buyer’s address unless you complete the ‘ship to address’ differently, if the ‘ship to address’ is different to that of the purchaser’s address then you should thoroughly read section ( 6.3)  before ordering.

6.2 For the purpose of speeding up delivery we may at our discretion change/exclude the packaging. The Seller cannot be held liable if customs open the package at the point of entry to a country. Where possible the Goods will be packaged with minimal discreet wording such as ‘Silicon Wave’.

6.3 We are not liable due to an incorrect address input in the ‘ship to address’ section by the customer/person making payment regardless of whether the purchase is made for themselves ,someone else or for themselves but the purchaser chooses to have it shipped to another address. When you provide any delivery address in the ‘ship to address’ section  - including that of  a hotel or someone you expect to accept the parcel on your behalf, and then inform us you have not received your delivery or we find the item is returned to us -  for reasons such as:   (1) person and/or address stated cannot be located  (2) hotel refuses to accept (3) the stated name and address  of the person to whom it was shipped to, who as the named person will be the person accepting the parcel  either for themselves, someone else or on your behalf and then refuses or is not available to accept the delivery - then no refund will be given (as products are deemed unsellable due to the nature of them being personal/hygiene products which must be destroyed as they cannot be restocked)  and any replacement will be charged as a new purchase. By completing checkout you confirm you have read these conditions before ordering, understand them and totally understand that no refund will be issued  for any returned item as mentioned above, and by completing checkout you are stating you have read and accept the conditions associated with delivery and non delivery. Parcels are sent out where signatures are required, if you are not at the property the parcel can be left with someone else at the property or you will be asked to collect from the Post Office/holding company. If you fail to collect the parcel and it is returned to us - you have accepted and confirmed by completing checkout that because of the nature of the products – that being products are of an intimate/personal products which cannot be restocked or resold - you accept no refund will be entered into regardless of the method of payment chosen at checkout.

7 Acceptance of the Goods

7.1 Once the buyer has completed ‘checkout’ item(s) are queued for dispatch. If the customer chooses to refuse to accept a delivery or declines to re-arrange or fails to collect their parcel (s) from the post office/holding companies and the item(s) or items are returned for whatever reason from a holding / forwarding company then no refund shall be given due to the nature of the product(s), that being products must be destroyed as they are non re-sellable/re-stocked due to their personal nature. At ‘checkout’ buyers will be required to confirm acceptance of this before completing their order.

7.2 After completing checkout the Buyer shall not be entitled to reject/refuse to collect any Goods which are not in accordance with the contract unless such return is agreed with the Seller in writing and in accordance with any returns policy it may have in force from time to time. For health reasons goods are non returnable and this includes failure to accept and/or collect parcels despatched to you. On completing checkout you are confirming that you accept and agree to these terms knowing no refunds will be issued due to the intimate nature of the products which cannot be re-sold or re-stocked.

7.3 Queries must include batch numbers and original packaging for discussion to be entered into.

8 Title and risk

8.1 Title shall pass on delivery of the Goods unless the Buyer has not paid for them. In that even title shall remain with the Seller until the Seller receives payment in full, including any interest which may be payable to the Seller.

8.2 Risk shall pass on delivery of the Goods.

9 Remedies of Buyer

9.1 Where the Buyer rejects Goods or fails/refuses to collect from the Post office/holding company, the Buyer shall have no further rights whatsoever in respect of the contract of sale .

9.2 Where the Buyer completes checkout this will be deemed as confirmation of intent to accept their order.The Seller shall have no liability whatever to the Buyer in respect of those Goods if the Buyer declines to accept/collect their delivery and no refund will be issued because of the intimate/personal nature of the goods. Completing checkout confirms you accept these terms.

9.3 The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods or for refusal to collect from the Post office/holding company. Non collection is deemed as negligence by the Buyer and for whatever reason will result in no refunds due to the intimate/personal nature of products. The Buyer accepts these terms on completing checkout.

9.4 The Buyer may not withhold payment of any invoice or other amount due to the Seller by reason of any right of set off or counterclaim which the Buyer may have or allege to have or for any reason whatever. Completion of checkout is confirming you understand and accept that your refusal to accept/collect your parcel is of your choosing and no refund will be issued due to the personal/intimate products ordered which cannot be re-stocked as they are deemed unsellable due to their nature.

 

10 Rights of Third Parties

The provisions of the Contracts (Rights of Third Parties Act) 1999 shall not apply to this contract and a person who is not a party to this contract shall have no right under that Act to enforce any term of the contract.

11 General

Advice given by telephone, letter or email is of a general opinion it does not over rule the opinion of a medically qualified person to whom your concerns or questions should be directed  to and acted upon before making any decision. Any advice prior to or after purchase given from those working for the company is an opinion only ,and you should discuss this advice with your doctor or other medical professional before acting upon it. Failure to do so is of your choosing . When placing an order you confirm that you have taken advice to purchase from a medically qualified person. And/or if purchasing on a self diagnosis basis that you are solely taking complete responsibility for your health prior to, during and after use and that in purchasing and using any product is of your own valition for which only you are accountable for.

11.1 Information/FAQ/Headers are for ease of reference only and shall not affect the construction of this contract.

11.2 Severance Any provision of this contract which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of this contract.

11.3 Waiver No waiver or forbearance by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its right to do so in the future.

11.4 Sub-contracting The Seller may licence or sub-contract all or any part of its rights and obligations under this contract without the Buyer’s consent.

11.5 The Seller may cancel this contract at any time before the Goods are dispatched by giving written notice. On giving such notice the Seller shall promptly repay to the Buyer any sums paid in respect of the Price. The Seller shall not be liable for any loss or damage whatever arising from such cancellation.

11.6 Samples of Goods are submitted as indicative of the quality of Goods to be supplied, without any guarantee or representation on the part of the Company as to the exact dimension, colour or physical characteristics. Samples are deemed as a representation of the actual product but are samples and not working products or sellable products.

11.7 In addition – as a reminder :

When purchasing, and completing checkout, you agree to take ownership of your own health – confirming that you have discussed your personal health (past, present, future concerns) with a medically qualified person such as your doctor before ordering .When completing checkout you confirm that you have done so and that a medically qualified person has discussed our products with you and advised you accordingly to your condition as to whether they are suitable for your use. Either way Vagi-Moose Ltd is not accountable for any health issues you may have or may develop.

12 Force Majeure

12.1 Save for the Buyer’s obligation of payment under clause 3 neither party shall be liable for any default due to any act of God, war, civil disturbance, malicious damage, strike, lockout, industrial action, fire, flood, drought, extreme weather conditions, compliance with any law or governmental order, rule, regulation, direction or other circumstance beyond the reasonable control of either party (‘Force Majeure Event’).

12.2 Each party shall give notice forthwith to the other upon becoming aware of a Force Majeure Event, the notice to specify details of the circumstances giving rise to the Force Majeure Event.

13 Proper law of contract

English law shall apply to any contract within which these terms and conditions are incorporated and the parties agree to submit to the exclusive jurisdiction of the English courts.

 

 

Comments are closed.