Terms & Conditions

By using the Phoenix Trading Website and ordering our products through us and/or your Phoenix Trader, you agree to abide by these Terms and Conditions. Phoenix Trading is a trading name of The Trading Company Limited (“we”, “Phoenix Trading” or “us”) a company registered in England and Wales (company registration number 4060777) with registered office at 73 Park Lane, Croydon, Surrey CR0 1JG. Our registered VAT number is 927 1141 43.

Use

Anyone is entitled to view and use this website for their own purposes provided that it is used for information purposes only and no material on this website is reproduced for commercial purposes.

Linking

This website contains links to third party websites; these links are provided for your convenience. As Phoenix Trading does not control these other websites, or their content, it will accept no liability for them. Inclusion of a link to a third party website does not indicate any endorsement by Phoenix Trading of the website, its contents or any goods or services offered by the website owners.

Contract with You

The submission of your order and its acceptance by your Phoenix Trader (who is an independent seller of the Phoenix Trading range of products) and/or us constitutes a contract of sale between the Phoenix Trader and/or us and you. The contract comprises your order details, these sale terms and includes an obligation on you to pay for the products you have ordered.

As such, your contact details will be held by both us and your Trader in accordance with our Privacy Policy. She/he is not an agent of Phoenix Trading but is an independent distributor.

As a retail customer you do not have any rights to participate in our trading scheme; you are not one of our independent Traders; our products are supplied to you strictly on a not for resale basis and you may not market or resell the products which you buy from us; you may not market our business opportunity or attempt to recruit others; and you may not earn any commissions or bonuses under our compensation plan.

If we or a Phoenix Trader have to contact you, we will do so by telephone or by writing to you at the postal address or email address you provided to us.

Deliveries

Phoenix Trading only delivers orders within the United Kingdom (England, Wales, Scotland, Northern Ireland), the Channel Islands, Isle of Man. We regret that we are unable to send shipments to BFPO addresses. Unfortunately we do not accept orders from or deliver to addresses outside the United Kingdom.

Payment

We accept the following methods of payment:

Visa; MasterCard; Maestro

We accept the following credit / debit cards

Or please arrange payment directly with your Trader.

The price of the products (which includes VAT) will be the price indicated on the order pages. We take reasonable care to ensure that the price of the product given on our site is correct. Sometimes, despite our best efforts, some of the products may be priced incorrectly. If the product's price at your order date is higher than the price stated to you, we will contact you for further instructions before processing your order.

We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay.

Terms and Conditions

Every effort is made to ensure that the information contained on the website and in the current brochure is correct at the time of going to press and, whilst we try to ensure that we hold everything in stock, all product is subject to availability.

We will endeavour to deliver the products you have ordered within our stated target delivery dates all of which are less than 30 days from order. We reserve the right to cancel orders for any products for any reason. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the product or because we have not been able to obtain authorisation for your payment.

The total price includes delivery as stated on the website. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to [rearrange delivery or collect the products from a local depot]. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.

We have a legal duty to supply goods to you that are in conformity with the contract. By law your products must correspond with their description and any sample by reference to which they were ordered. They must also be of satisfactory quality and be reasonably fit for the purposes for which such goods are normally used or for which you informed the seller that you wanted them. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. If for any reason you are not satisfied with your purchase, your Phoenix Trader will gladly replace the item or refund your monies in full if you cancel and return the goods in accordance with your Right of Cancellation (see below).

Total Satisfaction

We are sure you will be satisfied with your purchase. If not totally satisfied however, or if you have any questions or complaints, please contact your Independent Phoenix Trader. If you are still not satisfied, contact:

Customer Services
Phoenix Trading
Unit 6, 307-309 Merton Road
London
SW18 5JS
Tel: 020 8875 9944
info@phoenix-trading.co.uk

In accordance with our aim of total customer satisfaction, we will acknowledge any complaint within one working day and will seek to resolve it as soon as possible thereafter.

Should any dispute arising from the transaction not be resolved directly between you and the Trader or you and Phoenix Trading, there are a number of government approved and EU listed certified alternative dispute resolution service providers, including ProMediate (UK) Limited (www.promediate.co.uk) and others which can be accessed via webgate.ec.europa.eu/odr/main/index.cfm; but Phoenix Trading is not obliged to and does not agree to have its customers' complaints handled by these providers, but instead you may resort to the Direct Selling Association's dispute handling service. For details of this and of the DSA’s Codes of Practice contact DSA, 30 Billing Road, Northampton NN1 5DQ, tel 01604 625700 or visit the DSA website: www.dsa.org.uk.

Phoenix Trading is a Member of the Direct Selling Association and requires its distributors to comply with the DSA Codes of Practice (www.dsa.org.uk).

Direct Selling Association
c/o Enterprise House
30 Billing Road, Northampton
NN1 5DQ
Tel: +44 (0)1604 625700
info@dsa.org.uk
www.dsa.org.uk

Right of Cancellation

We and/or your Trader offers a 14 day money-back guarantee to all retail customers which provides you with the following rights:

  • You may cancel your order at any time before delivery of the products to you. You will also have an opportunity to examine the products that you have ordered after they have been delivered to you and if for any reason you are not satisfied with your purchase and give us notice within 14 days of the delivery of the products to you that you wish to cancel your order then, provided that you return the products to us at [Insert address] within 14 days from the date of your cancellation notice, then we will provide a refund to you. You will not incur any charges for that refund and the same means of payment will be used as you used for your payment.
  • You can use the notice of cancellation provided on our website [insert link to Model Cancellation Form below] or on your sales receipt if you wish to do so or you can give us or your Trader (contact details on your Trader's details are on their website and your order confirmation) notice in some other way as long as we receive a clear statement (e.g. by letter, email, or telephone) of your decision to cancel.
  • If you reject the products for any reason other than damage to or a defect in the products, you must pay the cost of returning the products to us and you will be responsible for their safety during transportation, so we recommend that you return products to us by Recorded or Special Delivery. If you do not return the products to us, we will be entitled to deduct the cost of recovering the products from the sums we refund to you. If you reject the products because they are damaged or faulty, we will cover the cost of the return of the products to us.
  • If the products are returned by you for any reason other than damage to or a defect in the products and they have suffered any reduction in their value as a result of handling beyond what is necessary to establish the nature, characteristics and functioning of the products then you will be charged for that diminution in value and that charge will be deducted from your refund.
  • Please note that personalised or bespoke products are not exchangeable or refundable.
  • This guarantee is in addition to and does not affect your legal rights, including any rights in relation to the return, replacement or repair of any defective or damaged goods after the 14 guarantee period.

Your delivery will include a sales receipt which will include a notice of your rights to cancel that delivery order.

Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To:
(insert name of Independent Phoenix Trader, as stated on your order confirmation email)

I /we*_________________(Full Name) hereby give notice that I/we* cancel my/our* contract of sale of the following goods:

Ordered On*/Received On*:
Customer Name:
Customer Address:
Customer Signature (only applicable if the Model Cancellation Form is being produced on paper)
Date:
*Delete As Appropriate

Click here to view a printable version of the Right of Cancellation.

What You Cannot Send Back

Unfortunately, some of our products are non-cancellable and non-refundable:

  • Anything that’s made to your specific requirements (ie: outside of standard customisation options offered by us to all customers), is personalised or otherwise cannot be resold due to a bespoke element; or
  • Creative pieces that are specially commissioned when you place an order, (eg. Personalised Christmas Cards using your own design or a specially commissioned design).

To avoid disappointment, please check whether an item is cancellable or non-cancellable before ordering.

We are sorry that we cannot offer refunds or exchanges for products which have been personalised, unless the products are faulty or are not as described.

Copyright and Trade Marks

Phoenix Trading is the owner or the authorised licensee of the copyright in the materials on this website. Unauthorised use of the materials, including reproduction, modification or distribution without Phoenix Trading’s prior consent is strictly prohibited.

The Phoenix Trading name and logo and all related product and service names are trade marks of Phoenix Trading and may not be used without Phoenix Trading’s prior written consent.

Disclaimer

Whilst Phoenix Trading tries to ensure that all the material on this website is accurate, complete and up-to-date and that access to the website is always available. However errors may occur from time to time and Phoenix Trading accepts no responsibility for any inaccuracy or omissions in the material, and accepts no liability for any reliance you place upon it nor for any inability to connect to the website.

Phoenix Trading takes reasonable steps to exclude computer viruses from its website but it cannot guarantee their exclusion. You are advised to take appropriate precautions before downloading any information from this website. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with (a) use of, or inability to use, our site; or (b) use of or reliance on any content displayed on our site.

Please note that we only provide our online ordering site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Nothing in these Website Terms and Conditions shall exclude Phoenix Trading’s liability for death or personal injury resulting from its negligence.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

General

Phoenix Trading reserves the right to amend these Website Terms and Conditions at any time.

If any part of these Website Terms and Conditions are held to be invalid or unenforceable, the validity or enforceability of the remaining provisions shall remain in full force and effect.

Nobody else has any rights under this contract. This contract is between you and your Phoenix Trader.

Even if we and/or your Phoenix Trader delay in enforcing this contract, we and/or your Phoenix Trader can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

These Website Terms and Conditions are governed by the law of England and Wales and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Please address all queries to:
info@phoenix-trading.co.uk

Phoenix Trading
Unit 6, 307-309 Merton Road
London
SW18 5JS

©2016 Phoenix Trading. All rights reserved.

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