By placing an order with Phormula, you agree to the following terms and conditions. These terms constitute a legally binding agreement between you (the “Customer”) and Phormula (“Company” or “Seller”).
Lead Time and Delivery
The lead time provided for your order refers to the time required for processing and preparing your order for dispatch. Delivery times are additional and will vary depending on your location and the delivery method.
Currency Fluctuation
If payment is made in a currency other than GBP, any difference between the invoiced amount and the amount received due to exchange rate fluctuations will be adjusted and billed to the customer.
Import and Export Fees
The Customer is solely responsible for the payment of any and all import fees, duties, taxes, and compliance with local import regulations incurred by the importation of our goods into the country specified in the Customer’s delivery address. Phormula is not responsible for any costs, fees, or losses incurred directly or indirectly by the Customer’s failure to pay importation costs, fees, or comply with local laws.
Refusal of Delivery
If the Customer refuses delivery of the Goods, the Customer shall be responsible for:
– Ensuring the Goods are returned undamaged, in their original packaging, and in a resalable condition.
– All shipping costs (including return and any customs duties/fees incurred).
– A restocking fee of 20% of the total order value will be applied.
Refund Eligibility
The Seller will only issue a refund for Goods if:
– The Goods are returned to the Seller’s designated address in their original, unused, and resalable condition.
– The Customer provides proof of return shipment and pays all associated return costs.
– The Seller receives and inspects the Goods, confirming they meet the resalable condition.
No Refund for Unreturned or Refused Goods
If the Customer refuses delivery of the Goods but fails to ensure their return to the Seller’s designated facility within 30 days of refusal:
– The Customer automatically forfeits all rights to a refund, credit, or replacement.
– The Seller is under no obligation to initiate a refund until the returned Goods are received and verified as resalable.
– No partial refunds will be issued for Goods lost, damaged, or not returned by the Customer.
The Seller is not responsible for Customs delays, seizures, or destruction of Goods due to the Customer’s actions, inaction, or failure to accept the Goods in a timely manner. The Customer assumes all risks and costs associated with refusal, abandonment, or non-acceptance of the Goods, including but not limited to storage fees, return shipping charges, and Customs penalties.
Dispute Resolution for Undelivered or Refused Goods
In the event of a dispute regarding undelivered, lost, or refused Goods, the Customer must provide details of all communications with the courier relating to the delivery of the parcel. The Customer agrees to authorize the delivery courier (or third-party logistics provider) to disclose all relevant records to the Seller, including but not limited to:
– Delivery attempt logs (dates/times, GPS data, or proof of delivery).
– Communication between the Customer and courier (emails, messages, or notes).
– Documentation of refusal or delivery issues (e.g., damage reports).
If the Customer refuses or fails to authorize the release of courier records, the Customer’s claim for a refund, replacement, or credit will be denied.
Restocking Fee and Return Policy
A 20% restocking fee will be applied to all returned or cancelled orders, provided the items are returned within 30 days of delivery and are unused, in their original packaging, and in resalable condition. This fee applies to all returns and cancellations, including but not limited to those resulting from non-payment of import duties or customer-initiated cancellations or refusal of delivery after payment.
The Customer is responsible for all fees incurred in the return of the goods to the Company.
Shipping costs are non-refundable. In the event of a return, the original shipping costs and the restocking fee will be deducted from the refund.
Customer Responsibilities Post-Dispatch
Once an order has been dispatched from Phormula, it becomes the sole responsibility of the Customer to track the shipment and ensure that all requests or requirements from any third parties involved in the delivery process, including but not limited to courier services and customs authorities, are fully satisfied to facilitate successful delivery.
The Customer must notify Phormula within 7 days of any issues, such as non-delivery or damage, to initiate a resolution process.
Loss or Damage in Transit
In the event of loss or damage to the goods during transit, any replacement of goods will only be provided after a successful settlement of the insurance claim. The Customer agrees to cooperate fully and provide all necessary information and documentation required to process the claim within 7 days of being notified of the issue.
If the insurance claim is denied or delayed due to the Customer’s failure to provide the required information or documentation within the specified timeframe, the Customer agrees to bear the loss or damage and shall not be entitled to a replacement, refund, or compensation.
Warranty Terms
All products are covered by a one-year limited warranty against defects in materials and workmanship, effective from the date of purchase. To make a warranty claim, the Customer must provide proof of purchase and report the defect to Phormula within 30 days of discovering the issue.
Warranty Exclusions: Warranty claims will be denied if the product shows signs of damage, misuse, or modification, including but not limited to:
• Physical damage caused by improper handling or accidents.
• Any alterations or modifications to the product not authorized by Phormula.
• Improper use of the product outside of its intended purpose.
In the event of a potential warranty claim, the Customer must contact Phormula via email to report the issue and await further instructions regarding the return. The Customer is responsible for covering all shipping costs related to warranty claims.
Phormula strongly recommends insuring any product being returned under warranty. Phormula shall not be held liable for any loss or damage to the product incurred during transit for warranty returns.
Limitation of Liability
To the fullest extent permitted by law, Phormula’s liability shall be limited to the actual purchase price paid by the Customer for the product. Under no circumstances will Phormula be liable for any indirect, incidental, consequential, or special damages of any kind.
Governing Law and Jurisdiction
Phormula is legally bound by English law. These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles. Any disputes arising out of or related to these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
UK English Law Statement
As of 10 March 2008, all items sold by Phormula are legal to own and use in Great Britain. Phormula shall not be held liable in the event of any future changes in the law that render the items illegal to own or use. Liability in such instances will rest entirely with the owner of the items. No refunds will be issued due to changes in law that make any of our items illegal to own in Great Britain.
Customers from outside of Great Britain must ensure compliance with their local country laws when purchasing any items from Phormula. Phormula shall not be held liable in any event if local laws make any of our items illegal to own in that country.
Entire Agreement
These terms and conditions constitute the entire agreement between the Customer and Phormula regarding the sale of products and supersede any prior agreements, understandings, or representations.
Severability
If any provision of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
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