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Terms and Conditions
Smoke Relief UK and Ten Motives are trading names of Ten Motives Ltd, hereafter referred to as Ten Motives.
OUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Ten Motives and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of ":spam.": You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Ten Motives reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Ten Motives and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Ten Motives and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Ten Motives or its associates for all claims resulting from content you supply. Ten Motives has the right but not the obligation to monitor and edit or remove any activity or content.Ten Motives takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased fromTen Motives are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Ten Motives and its associates attempt to be as accurate as possible. However, Ten Motives does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Ten Motives itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY Ten Motives ON AN ":AS IS": AND ":AS AVAILABLE": BASIS. Ten Motives MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Ten Motives DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Ten Motives DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Ten Motives ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Ten Motives WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting Ten Motives, you agree that the laws of the United Kingdom, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and The Ten Motives or its associates.
Any dispute relating in any way to your visit to Ten Motives or to products you purchase through Ten Motives shall be submitted to confidential arbitration in United Kingdom, except that, to the extent you have in any manner violated or threatened to violateTen Motives intellectual property rights, Ten Motives may seek injunctive or other appropriate relief in any state or federal court in the state of United Kingdom, and you consent to exclusive jurisdiction and venue in such courts. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Ten Motives We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
The www.smokerelief.co.uk site operates some of the most generous moneyback guarantees on the Internet. Where applicable, each product page states what the time period for the moneyback guarantee for that product is. The money back guarantee applies only to the purchaser and cannot be passed on if the product is passed to another person. In addition, the moneyback guarantee does not cover the cost of return postage and only covers purchasers in the United Kingdom. The money back guarantee is independent of the product warranty.
VALUE ADDED TAX
VAT is included in our prices at 20% where appropriate. If you live outside the European Union VAT will be deducted during the checkout process.
Purchases by persons under the age of 18 are not permitted in the UK. You must be Eighteen (18) years of age or older, and possess a valid credit or debit card to purchase our products.
Ten Motives will not sell our products to minors. Ten Motives reserves the right to cancel any sales transaction based on its sole discretion where it reasonably believes the purchaser is purchasing products on behalf of a minor.
Despatch & Delivery
Orders placed after 2:30pm will be processed the next working day. Once your order has been despatched from our warehouse, you will be sent a despatch confirmation e-mail with details of your order. Customers who have opted to register themselves on our website’s customer database may find information regarding their order status by logging in to the site using the details they set the account up with.
Unless your order has been despatched by Royal Mail’s ‘Track and Trace’, or ‘International - Signed For’ services (this will be stated on your despatch confirmation email), your order cannot be tracked. Please allow 5 working days (10 working days for International Customers) before contacting us to report a lost package, as sometimes it will take a while for Royal Mail or local domestic mail carrier to deliver, or indeed fail to deliver and return the item/s to us.
We aim to despatch most orders within 24 hours of receipt as most items are in stock, but please allow 7-10 days. Delivery times are not guaranteed, they are estimates given by Royal Mail and may be subject to an additional delivery time period in some overseas territories depending on the domestic mail carrier of a given territory. Deliveries are generally made between 9am and 6pm in the UK. We take no responsibility for delays or non-delivery if the address or postcode supplied is not correct.
The Buyer must inspect the Goods immediately upon receipt and notify the Seller within 7 working days of delivery confirming in writing via e-mail to email@example.com if the Goods are damaged, or do not comply with any part of the Contract. If the Buyer fails to do so, the Buyer shall be deemed to have accepted the Goods.
Where a claim of defect or damage is made, Goods must be returned by the Buyer to the Seller at the Buyer's expense, which should be sent via Recorded Delivery and adequately insured against loss and/or damage in transit. We cannot be held responsible for any packages lost in transit on return to the Seller, or issue any refund in such circumstances. Should a package sent to us via Recorded Delivery be lost in transit, it is the responsibility of the Buyer to notify the carrier and make any relevant claims following the carrier’s procedures and policies.
The Buyer has a statutory duty to take reasonable care of the items. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges, within 30 days of cancellation. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
Goods to be returned must include the Buyer’s name, address and the date when the order was originally placed, or the Invoice/Order Number obtained from the Seller upon placing the order. Where returned Goods are found to be damaged due to the Buyer's fault, the Buyer will be liable for the cost of remedying such damage.
Refunds cannot be offered if any of goods has been used. To organise the return of your faulty product, please e-mail us at firstname.lastname@example.org or contact us on 0345 370 1900 and speak to our Returns Department.
You are entitled to a full refund including the initial delivery charge if you return a product, or inform the retailer that you want to return the product, within seven working days.
Orders are subject to the availability of stocks. If your choice of product is not available, we will contact you to offer the following options:
- Alternative product - if the product is less in value then a partial refund will be arranged - if the product is more in value then additional payment will be required. A delay until the product becomes available.
- A refund to the value of the missing product plus any relevant consequential losses.
- Cancellation of the entire order and a full refund.
- If we cannot contact you we reserve the right to provide suitable alternative products at no extra charge. It is very important that you give us your correct contact details during the order process.
Our policy is that we will not pass on any customer details we collect to any third party without your permission.
The descriptions and pictures on the website are a guide to the style and look of our products. We try to make them as accurate as possible but cannot be held responsible for minor differences or inconsistencies.
This Contract shall be construed and governed in all respects by English Law and all disputes arising under or relating to the Contract shall be the subject of the jurisdiction of the Courts in England to which Ten Motives and the customer hereby submit.
To the extent allowed by the law, Ten Motives shall not be liable for direct, indirect or consequential loss or damage arising out of the services or products sold from or referred to on this site in the following circumstances:
- for losses that were not foreseeable to both parties when the contract was made
- for losses that were not caused by any breach on the part of Ten Motives or their suppliers for business losses and/or losses to non-consumers.
Payment is due before goods are despatched unless a credit account has been authorised by Ten Motives, in which case payment is due 14 days from date of invoicing. Ten Motives reserves the right to withhold supplies and to suspend any further deliveries in the event that payment is overdue. We accept payment from all major credit and debit cards.
Prices quoted on our Website are in Pounds Sterling (£/GBP) and are inclusive of V.A.T. Prices are subject to alteration by Ten Motives without prior notice. Price amendments will only be made prior to contract. Duty and taxes will be charged at the rates prevailing at the time of despatch. Delivery and credit card charges are additional, along with any import duty incurred on goods sent overseas.
The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 7 working days of delivery confirming in writing if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so, the Buyer shall be deemed to have accepted the Goods.
We are committed to protecting your privacy. All information given at the time of ordering to the point of payment is collected by Ten Motives. This information is collected lawfully and in accordance with the Data Protection Act 1998 and the Which? Web Trader Code of Practice. The data is used to fulfil your order and for marketing campaigns. We use technology such as cookies to improve our services to customers. We do not pass your information to any third parties without your permission. Paypoint, an independent payment provider, collects your payment information. We do not send random marketing e-mails to personal email addresses (spam).
All goods are warranted on delivery to the customer to be of the nature, substance and quality invoiced and to conform in all respects with all the appropriate statutory regulations.
Paypoint and Lloyds TSB Cardnet, our payment providers, use state of the art security tools and techniques, both proprietary and unique, to ensure that you are protected against security risks.
These terms and conditions do not affect your statutory rights as a consumer.
Time of Order
Orders received by us before 2:30pm during working days will be normally be dispatched within 48 hours but please allow 7-10 days. Working days are Mondays to Fridays except public holidays.
Title to Goods
Property and title in the goods shall remain with Ten Motives and shall not pass to the customer until such time as Ten Motives has received payment in full of all sums due on whatsoever account.
Copyright 2012 Ten Motives.
All images on this website may not be used or copied without permission from Ten Motives. We use some images from our suppliers after their permission has been given and the copyright remains with them.