TERMS AND CONDITIONS OF SALE
TERMS AND CONDITIONS OF SALE The following terms and conditions apply to all transactions on FogMachines.net. By placing an order with us you indicate your acceptance of these terms and conditions. Please read them carefully and print a copy for future reference. General These terms and conditions do not affect your statutory rights. To order goods through this website you must be at least 18 years of age and accept delivery within the UK. We will treat each order for goods as an offer by you to purchase the goods subject to these terms and conditions. Description of Goods All the products we sell are of a technical nature and it is not practical to publish detailed specifications of all the products. All images, descriptive matter, specifications and advertising on our site are for the sole purpose of giving an approximate description of the goods. Full detailed specifications are available from the manufacturer's brochures or their websites. Colours are subject to change without notice. Competitor Prices Wherever quoted, competitor prices are like-for-like and are from leading lighting or effects companies based in the UK or suggested retail price from the manufacturer if the item is bought via the internet or mail order and delivered to your address. The pricing information have either been made accessible by suppliers, manufacturers, retailers, publications, or been gathered from public-domain sources. However, we cannot guarantee the reliability and accuracy of the information published. All the actions taken by the user are the responsibility of the individual. Accuracy of Product Information All product specifications, images and other information published on our website have either been made accessible by suppliers, manufacturers, publications, publicists, or been gathered from public-domain sources. The intention of SmokeMachines.net is that all information on the website should be as accurate and up to date as possible. However, SmokeMachines.net cannot guarantee the reliability or the accuracy of the information contained within its pages. All the actions taken by the user of the website are the responsibility of the individual. Payment and Price The total price payable for the goods will be stipulated at the time when you place your order whether or not the order has been confirmed. We are entitled to make adjustments to the price to take account of any increase in our supplier's prices, or the imposition of any taxes or duties, or if due to an error or omission the price published for the goods is wrong whether or not the order has been confirmed. We will inform you of the correct price and give you the opportunity to cancel the order. The price you see on our website has no hidden delivery or VAT charges. Delivery to mainland UK is free and there is no VAT to pay as we are presently not VAT registered. Typographical Errors In the event a product is listed at an incorrect price due to typographical error or error in pricing information from our suppliers, taxes or duty changes, we shall have the right to refuse or cancel any orders listed at the incorrect price whether or not the order has been confirmed. If your credit card has already been charged and we subsequently cancel your order, we will immediately issue a credit to your credit card account to the value of the incorrect price. Payment Methods We accept Visa, Mastercard, Switch, Solo, American Express, Eurocard, Visa Electron, Visa Delta and JCB cards. On the order you must provide us with your exact billing address and telephone number - the address and phone number your credit card bank has on file for you. Incorrect information will cause a delay in processing your order. Your order will only be processed once authorisation of your credit card has been properly received. You may also pay by cheque or postal order although we cannot dispatch the goods until payment has been cleared which can take up to 10 working days. Availability of Goods All products and services are subject to availability and may be withdrawn at any time. If we do not supply the goods for any reason we will not charge you for these and we will refund any money already paid for them. However, we will not be responsible for compensating you for any other losses you may suffer if we do not supply the goods. Delivery Charges Delivery is free to most UK Mainland addresses. Northern Ireland (BT), Isle of Man (IM), Scottish Highlands and Orkney Isles (PA, ML, EH, KA, G, KY, PH, DD, AB, IV, KW), Outer Hebrides and the Shetland Isles (HS, ZE) may incur additional charges (please e-mail us for a quotation) and may also experience delivery delays. Delivery Times Delivery of products will normally be made within 2-7 working days from clearance of payment. We will endeavor to deliver goods within the times stated but goods are subject to availability and delay in delivery of goods is sometimes outside our control. Any dates we specify for the delivery of the goods are approximate only and we shall not be liable for any losses, costs, damages, charges, or expenses caused by any delay for delivery of the goods. If we or our suppliers are temporarily out of stock, we will notify you of this position and you should allow up to 14 days for dispatch of the goods. For delays of more than 14 days, you will have the right to cancel the order and we will refund any money paid by you for the goods. Risk As soon as we have delivered the goods to your door you will be responsible for them. We will only deliver goods to the address on the order and goods will not be left without a signature. From the time of receipted delivery of the goods, any loss or damage to the goods shall be at your own risk. Any transit damage to the goods, shortages or incorrect goods supplied must be noted on the delivery consignment note at the time of delivery. Time Limitation for Notification of Claims Damage in transit: If goods arrive in a damaged condition you must make a note on the carrier's delivery consignment note and it will be your responsibility to inform us within 7 days from delivery. Shortages: It is your responsibility to sign for the correct number of packages as shown on the carrier's delivery consignment note. Any shortages must be noted on the consignment note and it will be your responsibility to notify us within 10 days from delivery. Non-Deliveries: We will not accept liability for goods lost in transit unless we are notified within 10 days from the expected delivery date. If goods returned under this clause are found to be perfect and in full working order, these will be returned to you and an administration fee of 15% of the price of the goods along with the cost of carriage will be charged to your card. Product Warranty All products supplied are covered by the terms and conditions of the Manufacturer's Guarantee for a period of 12 months (unless period is longer, as specified with the machine's supplied documentation). This guarantee specifically excludes faults caused by accident, neglect, and misuse. In addition routine maintenance (cleaning of nozzle, casing, cleaning cycle pump, heating block, etc.), consumables (plug, fuses, cables, etc.), cosmetic damage is not covered. Products are carefully tested and inspected at the manufacturer and are warranted to be free of material and workmanship defects when shipped. Any equipment which is proven defective in material or workmanship will be repaired or replaced at our discretion upon written authorization, according to the terms of the manufacturer. We will not assume any responsibility for labour expended or materials used to replace and/or repair equipment without our prior written authorisation. THE FULL COST OF THE SERVICE CALL WILL BE CHARGED TO YOUR CREDIT CARD ACCOUNT IF OUR ENGINEERS FIND NO MECHANICAL OR ELECTRICAL FAULT WITH YOUR PRODUCT. This does not affect any statutory rights that you may have. Cancellation of Orders Returned Goods To return faulty items, it is your responsibility to return purchases in pristine condition in its original box and packaging. For full details of how to return please call our customer service department on 08707 410328. Goods can only be returned with prior authorisation. All goods accepted for return must be in new, saleable condition, with boxes, packing materials and accessories intact. Please call for a return goods authorisation number (RGA). Any goods returned without authorisation will be refused. To request an RGA number, please provide the following information: reason for return, invoice number, and your customer number. Once you obtain an RGA, shipment should be made immediately. The RGA will become void if merchandise is not received 30 days after issuance. You will be wholly responsible for the cost of return delivery and safe return of the goods. Subject to claim validly and correctly notified in accordance with the Time Limitation for Notification of Claim paragraph of these terms, goods received back incomplete or in a damaged or used condition will either be returned to you and the cost of delivery charged to your account or we reserve the right to levy a surcharge on such returned goods at a minimum 15% of the invoice price. If you do not return goods within 7 days after you have informed us that the items are faulty, we reserve the right to arrange collection of the item from you and to charge you for such collection. We recommend returning items using a courier such as UPS or insured parcel post. To discourage people purchasing machines for one event and returning them for a refund, machines that have been successfully operated cannot be returned or exchanged. All returns are subject to a 25% minimum restocking charge, plus any cost of reconditioning which, in our judgment, is deemed necessary. For safety reasons, fluid cartons that have been opened cannot be returned. Under the new distance selling regulations you are entitled to cancel this contract with Pea Soup Ltd. within 7 working days after receipt of goods and receive a full refund. This law assumes that the goods have not been used and are in pristine condition. Other You will own the goods once we have received your payment in full. We do not offer any credit facilities. We will issue you with an electronic invoice once we have dispatched the goods to you. If you pay by credit or debit card we will send a receipt for your records seperately. Failure by us to enforce any of these terms and conditions will not affect our right to enforce the rest of these terms and conditions. These terms and conditions are subject to change at any time without prior notice to you. For speed of repair, goods should be returned directly to the manufacturer for servicing and maintenance. If you are unsure which address to return your order to, please email us. We recommend that you get your machine serviced by the manufacturer or recommended service companies, and that, as stated on our FAQs page, you use the manufacturer's recommended fluid for your machine. Your warranty will be void if you use any other type of fluid in your machine other than that recommended by the manufacturer in the instruction manual. See machine's instruction manual for more details. Prices are shown only as a guide and are subject to change without notice. Safety Disclaimer Any person using equipment or materials listed herein, or sold by us, is personally responsible for obtaining expert instruction and for learning the proper techniques for their use, assumes all risk, and accepts complete responsibility for any and all loss, damages and injuries of any kind. This online product catalogue provides only basic suggestive instruction and and is not a substitute for personal instruction by qualified persons well versed in all appropriate safety techniques and methods. Manufacturers are happy to offer guidance with operation that may not be covered in accompanying documentation. All information contained in this website pertaining to equipment or materials or their use is provided solely to assist the viewer in making purchasing decisions. All products should be used in accordance with all applicable laws, codes and regulations.
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