Terms of Use

Terms of use

 

1. Acceptance of terms of use

1.1 Each time you use or cause access to this web site, you agree to be bound by these terms of use. In addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these terms of use.

1.2 Our website and services provided to you on and through our website are on an “AS IS” basis. You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

1.3 Please familiarise yourself where applicable with our Privacy Policy and Product Guides, which are incorporated into these Terms of Use by reference.

1.4 In order to use this web site, you may be asked to register on our site and agree to provide truthful information when requested.

1.4 A legally binding contract between us and the customer will be formed when goods are dispatched. We do not have to accept payments and can choose to cancel orders at any point before dispatch.

 

2. Your Conduct

2.1 You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.

You explicitly agree, in using this web site or any service provided, that you shall not:

2.2 Provide any content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;

2.3 Impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;

2.4 Collect or harvest any data about other users;

2.5 Provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;

2.6 provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law. We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.

 

3. Price

3.1 The prices payable for goods that you order are as set out in our website and include VAT, currently set at 20%

3.2 You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website. If your address is in a remote location we will contact you with shipping options before your order is shipped if necessary.

3.3 Member countries of the EU, and any other eligible countries, states or territories are obliged to pay the UK VAT rate on their purchases.

3.4 Prices are set at GB Pound Sterling rates, prices in other currencies will therefore fluctuate relative to the exchange rate against the website price in GBP.

 

4. Right for you to cancel your contract

 

4.1 In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2014 you have the right to cancel within fourteen working days for most goods and services. This period runs from the day the contract was concluded for services, and from the day after the day of delivery for goods.

4.2 If you wish to cancel your order, the easiest method is to email [email protected]

4.3 You must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.

4.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your original method of payment will be re-credited to your account as soon as possible and in any event within 14 days of notification PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return all of the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.

4.4 If the goods are not returned in the condition they were sent we reserve the right to charge the cost of recovering the goods directly to you.

4.5 When returning products to us we recommend that items are returned in the packaging in which they were received, if they are damaged in transit it is the responsibility of the customer to claim back all costs from the company with which the products were returned. We reserve the right to return damaged products that have been damaged in transit to us. Products must also be returned with/in any branded material that they are received in, e.g. cases, boxes and with the warranty and cloth (if applicable). Please use appropriate packaging to protect them in transit.

4.6 All goods must be returned in accordance with our returns policy which can be found on the Returns page.

4.7 In the event of a product return from a UK VAT exempt country, state or territory the customer will be responsible for any taxes and surcharges incurred and will have to pay these at the time of shipping, and prior to receipt of goods by Rainbow-FX.

4.8 A restocking fee may be applicable to returned products.

4.9 Goods made to the customer’s own specification such as custom branded glasses are not returnable.

 

5. Cancellation by us

5.1 We reserve the right to cancel the contract between us if:

5.2 We have insufficient stock to deliver the goods you have ordered;

5.3 We do not deliver to your area; or

5.4 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

5.5 Payment/delivery details could not be verified, or the order is considered fraudulent.

5.6 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us via original method of payment, cheque or bank transfer as soon as possible but in any event within 14 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

 

6. Delivery of goods to you

6.1 Some goods will require a signature on delivery, therefore if you are not available for delivery you may need to contact the delivery company to re-organise delivery or to collect the goods from a depot if convenient.

6.2 Deliveries will be made to the given delivery address, the address given will be the address to which the goods are sent. For any amendments to the delivery address, we must be notified by email prior to the processing of your order.

6.3 The majority of our parcels are sent using Royal Mail services, we reserve the right to use a courier of equivalent speed in certain instances (For example if the weight of the parcel exceeds 2kg). We aim to despatch all orders within 1 working however it may take longer in exceptional circumstances. For UK deliveries, goods will not be classified as missing in the post until 15 working days have passed since the day of posting. We cannot take any action during this period, but will immediately make enquiries if delivery hasn’t been made following the 15 working day period.

6.4 International orders are usually delivered within a week but can take up to 28 days due to delays at customs. For European orders we must wait 20 days to make a lost parcel claim, for any other counties outside of Europe we must wait 25 days to make a claim.

6.5 We cannot be held responsible for failed deliveries, either due to an incorrect address or unavailability of a signature on delivery. If goods are returned to us for these reasons we can re-charge for postage and handling, or deduct the cost if a refund is requested.

6.6 Upon delivery of your order you will become the owner of the goods, they will be held at your own risk and we cannot be held liable for their loss or destruction.

6.7 If an item is delivered to you and has been damaged in transit, if possible please ensure that you sign for the goods as “damaged” or “unchecked”. Please then contact us and we will explain the procedure, the goods must be held until we have notified the delivery company. Alternatively please refuse the delivery.

6.8 All orders are sent with duties and taxes to be paid by the recipient. Duties will be assessed by the importing country based on current laws governing imports.  In the event of a product return from a UK VAT exempt country, state or territory the customer will be responsible for any taxes and surcharges incurred and will have to pay these prior to receipt by Rainbow-FX. We reserve the right to refuse a delivery if we are asked by the courier to pay a customs charge.

 

7. Liability

7.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us of the problem immediately, by email, phone, or in writing at our contact address, and in any case within 10 working days of the delivery of the goods in question. Therefore if the goods ordered are a gift it is advisable to check the contents immediately. If items have been damaged in transit we must be notified as soon as possible.

7.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us, by email or in writing at our contact address, of the problem within 40 days of the date on which you ordered the goods. If you notify a problem to us under this condition, our only obligation will be, at your option:

To make good any shortage or non-delivery, to replace or repair any goods that are damaged or defective or to refund to you the amount paid by you for the goods in question in whatever way we choose.

7.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.2 above.

7.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

7.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

7.6 In the event of Translations into International Language any discrepancy, conflict or inconsistency with the English language version, the English language version shall be deemed the standard and will prevail.

7.7 Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

7.8 You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable legal fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your violation of this Terms of Use or any other violation of the rights of another person or party.

 

8. Payments

8.1 Payments can be made through credit/debit card, Paypal or by transfer directly into our bank.

8.2 Debit and credit card payments will be subject to AVS checks, if payments are not confirmed by the card issuer or fail these checks, dispatch may be delayed. It is therefore imperative that billing details are accurately entered.

8.3 All payments are checked before dispatch, dispatch can occasionally be delayed if/when payments are investigated further.

8.4 Where payment details are different to the billing address the order may be subject to enhanced security checks which can occasionally slow down dispatch.

 

9. Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing via email or by letter.

Our primary email address is:

[email protected]

Our primary contact address is:

Rainbow-FX

Dan Holman

River House

Spetisbury

Blandford

Dorset

DT11 9DW

 

Please note that our primary contact address is not necessarily our returns address and you should contact us by email to request a return.

When you write to us you must include your name, order number, transaction id and date of order. Notices from us to you may be displayed on our website from to time.

 

10. Events beyond our control

10.1 We promise to provide the best service possible to each and every one of our valuable customers however it is beyond our reasonable obligation to repair or replace goods free of charge if they have been damaged in circumstances beyond our control.

10.2 We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

10.3 In any circumstance, Rainbow-FX has the discretion to determine whether a product was sent with a manufacturer’s defect or whether damage was caused through circumstances beyond our control.

10.4 We offer easily accessible guides and tips on our website detailing best practices for the use and care of our best selling products. It is highly advised that you read this material as usage outside of these guidelines could damage your possessions and will invalidate any claim for repair or replacement.

10.5 Although we do inspect goods before despatch, in the rare instance manufacturing defects may not be noticed by our team. Products should therefore be examined by the purchaser on delivery, if you are not happy with the quality of your product then immediately send an email to [email protected] and request a return.

10.6 As per the above it may be assumed by Rainbow-FX in all instances that if a defect is not reported within 10 working days of delivery then the goods were of an acceptable quality when they were received and the damage caused can be automatically considered as a result of events beyond our control.

10.7 Please ensure that the item returns to us in the condition that it was received by yourself, if an item with a manufacturing default returns to us in used condition then it is likely that we will conclude that the item was damaged in circumstances beyond our control and Rainbow-FX will have no obligation to repair or replace the item.

 

11. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

12. Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.

You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorised or unauthorised by you.

You agree to immediately notify us of any unauthorised use of your user account or password.

13. Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

 

14. Governing law

The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

 

15. Entire agreement

These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

 

16. Email Communication

By ordering from Rainbow-FX, signing up for a newsletter, or an introductory offer you opt in to our email communication. Our occasional marketing email can be stopped simply by clicking the unsubscribe link on the bottom of any email.

 

17. Exclusions

Certain brands and products may be excluded from the standard terms and conditions. We will state this where appropriate.

 

18. Custom orders – General Terms

Custom orders are customised for you. You cannot return the product for an exchange or refund. Images are for representation purposes only, if you require samples then this must be requested and additional costs may be billed.

 

 

19.  Promotional Offers

19.1 An offer cannot be used in conjunction with any other offers, unless stated.

19.2 Rainbow-FX reserves the right to change any offer at any time without prior notice.

19.3 Offer applies between the dates stated (where applicable) only at www.RainbowFx.co.uk Where applicable details will be available on the offer media or at checkout.

19.4 Vouchers/ promotional offers are not valid for cash or cash equivalent.

19.5 No adjustments will be made on previous purchases where the terms of an offer have not been met, this may include the requirement to tick a box or enter a discount code at checkout.

19.6 Some offers may be subject to a minimum spend.

19.7 Email communication is intended only for the addressee(s) named in the email and views expressed in any email may be those of the sender and do not necessarily reflect those of this organisation. If you are not the intended recipient disclosure, copying, distribution or any other act taken in reliance on this may be prohibited and may be unlawful.  The sender does not warrant that any attachments are free from viruses or other defects and does not accept liability for any losses resulting from any infected email transmissions. You are receiving newsletters and promotional emails because you have subscribed to receive them in these terms, you can unsubscribe at the bottom of any of our promotional emails.

 

20. Rainbow-FX Vouchers and Third Party Vouchers

20.1 Vouchers are bound by the Rainbow-FX terms of use, unless stated below.

20.2 Vouchers may not be used with any other promotional code discount.

20.3 Not valid for cash or cash equivalent. Vouchers must be used online or in store.

20.4 No adjustments on previous purchases.

20.5 Voucher is for single use only.

20.6 No change or credit on unredeemed values. Rainbow-FX will not give credit or cash equivalent for any unused part of a voucher.

20.7 No refunds on expired vouchers (where applicable) and any other refunds will be entirely at the discretion of Rainbow-FX.

20.8 Third Party Vouchers may be subject to additional terms, which will be detailed at the time of purchasing the voucher and on our site.

 

 

21. Disclaimer

When used improperly GloFX toys can be dangerous. GloFX Glasses will impair your vision. Under no circumstances will the seller Rainbow-FX & affiliates be liable for any damages or expenses by reason of use or sale of their products.

  • Do not wear GloFX Glasses while driving
  • Do not wear GloFX Glasses when operating machinery
  • Do not run while wearing GloFX Glasses
  • Do not look directly at the sun, GloFX Glasses are not sunglasses
  • GloFX LED Orbits and Poi must be spun slowly and at a pace in which the forces they exert be controlled

 

22. Consent

By continuing to browse or otherwise accessing the web site, you signal acceptance of the terms and disclaimer set out above. If you do not accept any of these terms, leave our website now.

If you would like to discuss any of our terms then you can contact us by sending an email [email protected].