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Terms & Conditions


Website Terms:-

On agreeing to the terms and conditions at checkout, you are confirming to us that the goods purchased will be for your own personal use and are not for resale. That you fully understand that we do not ship to the US/America  (and some other countries) directly or via forwarding companies,  therefore we are informing you that if the country you wish to have products delivered to is not on our drop down list at checkout then the products cannot be purchased and sent to that country directly from us or via a forwarding company. We are unable to comment on forwarding companies as they operate out of our control, therefore if you order/attempt to order using a forwarding company your order will be non refundable, and by completing checkout you are agreeing to the fact you have been made aware of this prior to purchasing and have also fully read ALL terms and conditions.

Vagi-Moose has compiled this website and they accept no responsibility for any loss or damage of whatever nature arising in any way out of the use of, or inability to use, this website or from any error or omission in information contained in this website. Vagi-Moose reserve the absolute right to alter, suspend or discontinue any aspect of this website or the services provided through it, including your access to it.

Copyright and other intellectual property rights in the content of this website, including any Vagi-Moose marks, logos and brands contained in the website, belong to Vagi-Moose or its licensor(s) – who have expressly licensed content to Vagi-Moose.

None of the content or materials available from this website, whether permission is granted for downloading and/or circulation or otherwise, may be used for commercial exploitation. You are permitted to download and store (on a temporary basis) any of the contents of the website provide that it is solely to view such contents. You are forbidden from permanently copying, storing or in any way redistributing the contents of this website with the exception of user instructions/instructions of use – as in how you would use your Vagi-Wave. This content may be downloaded only for your personal use. The access, downloading and/or use by any person of anything available from this website is forbidden.

Any links to other websites have been included for convenience only and Vagi-Moose accept no responsibility or liability for the contents of, or any loss or damage caused or alleged to be caused by or in connection with use or reliance on the content of, any linked website. The inclusion of any link does not imply endorsement by Vagi-Moose of any linked website or its provider.

Whilst every care is taken to ensure that the information displayed on this website is correct, no warranty or representation is given to its quality, accuracy, fitness for purpose, usefulness or completeness, In particular the materials on this website do not give specific legal advice and should not be relied upon as doing so. In particular, users should be aware that laws and regulations might be different outside England & Wales.

Vagi-Moose will only use any personal data collected during our use of this website in accordance with the current UK data protection legislation and our privacy policy.

You agree to indemnify and hold Vagi-Moose, and any of its officers, employees and agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses of any character incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from misuse of or conduct on, this website and/or breach of these terms.

When purchasing, and completing checkout, you agree to take ownership of your own health – confirming that you have either discussed your personal health (past, present, future concerns) with a medically qualified person such as your doctor.By completion of order you are agreeing that you have sought medical advice prior to ordering. When completing checkout you confirm that you have done so and that a medically qualified person has discussed our products with you and advised you accordingly to your condition as to whether they are suitable for your use. Either way Vagi-Moose Ltd is in no way accountable for any health issues you may have or may develop. You also confirm that you  understand that as products are of a personal nature and therefore sold with security seals on the boxes, that any refund can only be given providing the seals are intact/unbroken/undamaged.  When completing checkout you confirm your understanding of this and have the option to abort checkout if you wish to. Support is free of charge and discretionary , and in the case of being offered, is only available within 3 months of purchase and is not an on going service offered nor is support services included as part of your purchase, note that support can be withdrawn by us if we feel the information you share with us requires us to do so or if the content of your email becomes abusive. If support is given it is given for the purpose of giving you options to consider to assist you in reaching your goal, you are entitled to accept or decline such suggestion however any suggestion given is just a suggestion and we are not liable for any suggestion nor are we liable for how you interpret a suggestion. In essence everything you choose to do is your choice and your choice alone.

Terms and conditions for buyers:

1 Definitions

In these conditions, unless the context requires otherwise:1.1 ‘Buyer’ means the person who buys or agrees to buy the goods from the Seller;
1.2 ‘Conditions’ means the terms and conditions of sale set out in this document and any special terms and conditions or other agreement agreed in writing by the Seller; goods are for personal use only and not for resale.
1.3 ‘Delivery Date’ means the date specified by the Seller when the goods are to be delivered;
1.4 ‘Goods’ means the items  (in tamper evident security sealed boxes) which the Buyer agrees to buy from the Seller;
1.5 ‘Price’ means the price for the Goods excluding carriage, packing, insurance and VAT; and
1.6 ‘Seller’ means Vagi-Moose Ltd (company registration number 07933038)

2 Conditions applicable

2.1 When purchasing, and completing checkout, you agree to take ownership of your own health – confirming that you have either discussed your personal health (past, present, future concerns) with a medically qualified person such as your doctor , and that if you  have ordered our products without doing so that all responsibility regarding your health lies with yourself. Vagi-Moose Ltd takes no responsibility for your health. By completion of order you are agreeing that you have sought medical advice prior to ordering. When completing checkout you confirm that you have done so and that a medically qualified person has discussed our products with you and advised you accordingly to your condition as to whether they are suitable for your use. Either way Vagi-Moose Ltd is unaccountable for any health issues you may have or may develop. Support offered is discretionary and free of charge and only for 3 months from date of purchase,  support is not part of your purchase, support can be withdrawn at any time by us according to the information we receive from you/you share with us.

2.2 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.

2.3 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.

2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Parties.

2.5 No information regarding manufacturing of products will be shared other than information publicly available on the website.

3 Price and payment

3.1 The Price shall be the Seller’s quoted price. If VAT is applicable to your purchase, this will be added while in ‘checkout’  in order that you can decide whether to continue to payment or abort your transaction.  Payment of the Price shall be due with order unless otherwise specified in writing. The Seller shall not be obliged to sell or dispatch any Goods to the Buyer in the absence of payment.
3.2 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 2% above Cooperative Bank plc’s base rate from time to time in force and shall accrue at such a rate after as well as before any judgment.
3.3 The Seller shall be entitled to a general lien on all goods of the Buyer in the Seller’s possession (including goods of the Buyer which have been paid for) for the unpaid price of all goods sold to the Buyer by the Seller under this or any other contract.
3.4 Any additional costs levied upon arrival at a country of destination are outside of our control and are the buyer’s sole responsibility.

4 The Goods

4.1 The quantity and description of the Goods shall be as set out in the Seller’s quotation.
4.2 All goods are sold in retail packaging (with tamper evident security seals) may be sold to the Buyer only in the packaging supplied by the Seller and in no case may any trade mark other than those applied by the Seller be marked on or applied in relation to the Goods.
4.3 No right or licence is granted under this contract of sale to the Buyer under any patent, trade mark, copyright, registered design or other intellectual property right except the right to use or resell the Goods.
4.4 The Seller reserves the right to vary at its absolute discretion, the materials to be used in the manufacture of the Goods the subject of the Order and replace them with other materials of at least equal quality.

5 Warranties and liability

The Seller warrants that the Goods supplied will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12 as amended and/or the Unfair Terms in Consumer Contracts Regulations 1999 Regulation 3(1)) all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law. Support advice given by telephone, letter or email is of a general opinion it does not over rule the opinion of a medically qualified person to whom your concerns or questions should be directed to before making a decision to accept advice given from those working for the company. Support is not part of your purchase as it is discretionary and can be withdrawn at any time according to the information we receive from yourself.

6 Delivery of the Goods

6.1 Delivery of the Goods shall be made to the Buyer’s address unless you complete the ‘ship to address’ differently, if the ‘ship to address’ is different to that of the purchaser’s address then you should thoroughly read section ( 6.3)  before ordering. Note : orders via forwarding companies are not accepted, any attempt to by-pass this stipulation will be at your own risk – please read (7.1)
6.2 For the purpose of speeding up delivery we may at our discretion change/exclude the packaging, unless the Seller confirms by email that retail packaging is to be included. The Seller cannot be held liable if customs open the package at the point of entry to a country. Where possible the Goods will be packaged with minimal discreet wording such as ‘Silicon Wave’.

6.3 We are not liable due to an incorrect address input in the ‘ship to address’ section by the customer/person making payment regardless of whether the purchase is made for themselves ,someone else or for themselves but the purchaser chooses to have it shipped to another address. When you provide any delivery address in the ‘ship to address’ section  – including that of  a hotel or someone you expect to accept the parcel on your behalf, and then inform us you have not received your delivery or we find the item is returned to us –  for reasons such as:   (1) person and/or address stated cannot be located – or you failed to provide the full address (which should normally be the same as the address you provided for the billing address) (2) hotel refuses to accept (3) the stated name and address  of the person to whom it was shipped to, who as the named person will be the person accepting the parcel  either for themselves, someone else or on your behalf and then refuses or is not available to accept the delivery – refunds are only accepted if the security seals on the boxes are unbroken, intact and show no signs of being tampered with. This is because all products are deemed unsellable due to the nature of them being personal/hygiene products protected by tamper evident security seals , any replacement will be charged as a new purchase. By completing checkout you confirm you have read these conditions before ordering, understand them and totally understand that no refund will be issued  for any returned item as mentioned above, and by completing checkout you are stating you have read and accept the conditions associated with delivery and non delivery. Parcels are sent out where signatures are required, if you are not at the property the parcel can be left with someone else at the property or you will be asked to collect from the Post Office. If you fail to collect the parcel and it is returned to us – you have accepted and confirmed by completing checkout that because of the nature of the products – that being products are of an intimate/personal nature with tamper evident security seals – that no refund will be entered into regardless of the method of payment chosen at checkout unless the seals are intact/unbroken/untampered with. We have strict control of any returns,where parcels are filmed upon receipt and opened in a controlled environment whereby recording of each opened parcel is filmed –  to validate the condition of the security seals.

Consideration to wanting to cancel an order :  is only given when the buyer informs us immediately after placing the order that they wish to cancel. Immediately means :  before the parcel is despatched. Orders are despatched on the same day once payment is made, therefore immediate notification via the email used to place the order is required – where ‘immediate’ means within 2 hours from the time you finished checkout. After 2hours have passed from the time you completed checkout your order has been despatched and is in transit. You can return the parcel or refuse delivery and providing the security seals are intact/unbroken/have been left untampered with we will refund you for the product cost and VAT if applicable only.

7 Acceptance of the Goods

7.1 Once the buyer has completed ‘checkout’ item(s) are queued for dispatch. If the customer chooses to refuse to accept a delivery or declines to re-arrange or fails to collect their parcel (s) from the post office  and the item(s) or items are returned for whatever reason then no refund of postage is given. Due to the nature of the product(s), that being products must be destroyed as they are non re-sellable/unable to be re-stocked therefore refunds are only given where security seals are still intact, have been untampered with/unbroken. At ‘checkout’ buyers will be required to confirm acceptance of these T&C’s before completing their order. Customers are also confirming that they acknowledge we do not send goods to forwarding companies due to the nature of our products, therefore if a customer attempts to do so, no refund will be entered into.
7.2 After completing checkout the Buyer takes ownership that for their own health and  goods ordered and understand and agree to the fact that returns are only accepted where tamper evident security seals are intact/unbroken/have been untampered with.

7.3 Queries must include batch numbers and original packaging for discussion to be entered into.

8 Title and risk

8.1 Title shall pass on delivery of the Goods unless the Buyer has not paid for them. In that even title shall remain with the Seller until the Seller receives payment in full, including any interest which may be payable to the Seller.
8.2 Risk shall pass on delivery of the Goods.

9 Remedies of Buyer

9.1 Where the Buyer rejects Goods or fails/refuses to collect from the Post office/holding company, the Buyer shall have no further rights whatsoever in respect of the contract of sale .
9.2 Where the Buyer completes checkout this will be deemed as confirmation of intent to accept their order.The Seller shall have no liability whatever to the Buyer in respect of those Goods if the Buyer declines to accept/collect their delivery and no refund will be issued because of the intimate/personal nature of the goods unless goods received back have the security seals intact/untampered with/unbroken. Completing checkout confirms you accept these terms.
9.3 The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods or for refusal to collect from the Post office/holding company. Non collection is deemed as negligence by the buyer and for whatever reason will result in no refunds due to the intimate/personal nature of products unless on receipt the security seals are intact/unbroken/untampered with. The Buyer accepts these terms on completing checkout.
9.4 The Buyer may not withhold payment of any invoice or other amount due to the Seller by reason of any right of set off or counterclaim which the Buyer may have or allege to have or for any reason whatever. Completion of checkout is confirming you understand and accept and agree to our T&C’s.

10 Rights of Third Parties

The provisions of the Contracts (Rights of Third Parties Act) 1999 shall not apply to this contract and a person who is not a party to this contract shall have no right under that Act to enforce any term of the contract.

11 General

Advice given by telephone, letter or email is of a general opinion it does not over rule the opinion of a medically qualified person to whom your concerns or questions should be directed before making a decision to accept advice given from those working for the company. Support offered is free of charge and  is discretionary and is not part of your purchase, therefore support offered/given can be withdrawn at any time by us according to the information we receive from you. If you have a medical condition you should always get the approval of a medically qualified person before ordering, and agree to do so before proceeding/completing checkout. When completing checkout you confirm that you have done so and that a medically qualified person has discussed our products with you and advised you accordingly to your condition as to whether they are suitable for your use. Either way Vagi-Moose Ltd is not accountable for any health issues you may have or may develop. The product is not a contraceptive nor should be used while pregnant unless agreed by your medically qualified representative.

11.1 Information/FAQ/Headers are for ease of reference only and shall not affect the construction of this contract.
11.2 Severance Any provision of this contract which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of this contract.
11.3 Waiver No waiver or forbearance by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its right to do so in the future.
11.4 Sub-contracting The Seller may licence or sub-contract all or any part of its rights and obligations under this contract without the Buyer’s consent.
11.5 The Seller may cancel this contract at any time before the Goods are dispatched by giving written notice. On giving such notice the Seller shall promptly repay to the Buyer any sums paid in respect of the Price. The Seller shall not be liable for any loss or damage whatever arising from such cancellation.
11.6 Samples of Goods are submitted as indicative of the quality of Goods to be supplied, without any guarantee or representation on the part of the Company as to the exact dimension, colour or physical characteristics. Samples are deemed as a representation of the actual product but are samples and not working products or sellable/useable products. Anyone requesting to receive a sample or demonstration product is confirming they are aware samples/demonstration products are just that and cannot be sold-on , and a request for samples or demonstration products is in itself confirmation they have read this section. Should they chose to use/sell-on the samples/demonstration products they do so at their own risk and Vagi-Moose has no involvement in their decision.

11.7 Contacting us after purchase : You must contact us using the email address used to purchase, and include the contact telephone number quoted when ordering. Without this we are unable to liaise with you. If the email address used when ordering has since been closed down, then you must still quote it in your message to us, as well as the name and address of the person ordering  and the name and address where the delivery was sent to, and also include the contact number given at the time of ordering. If you email us and this information is missing we will email you back requesting it, if you are unable to provide it then we are unable to enter into any post sale support because we are unable to confirm you have placed an order.

12 Force Majeure

12.1 Save for the Buyer’s obligation of payment under clause 3 neither party shall be liable for any default due to any act of God, war, civil disturbance, malicious damage, strike, lockout, industrial action, fire, flood, drought, extreme weather conditions, compliance with any law or governmental order, rule, regulation, direction or other circumstance beyond the reasonable control of either party (‘Force Majeure Event’).
12.2 Each party shall give notice forthwith to the other upon becoming aware of a Force Majeure Event, the notice to specify details of the circumstances giving rise to the Force Majeure Event.

13. Your obligation with us re your email, address,telephone number.

If you provide an incorrect phone number where no contact can be made we will no longer respond to any enquiry or follow up as we take this as a deliberate intent to deceive. If you share any of the company emails without our written consent you will (by the act of public disclosure/ email CC disclosure) be consenting to the fact we no longer have to keep your personal history/condition private. Therefore if we bounce back your email, the contents of your correspondence with us (including your personal information) is no longer our responsibility as you will have broken the T&Cs. When ticking the box at checkout you are agreeing to that stated in this section as well as all the other terms and conditions.

14,Proper law of contract

English law shall apply to any contract within which these terms and conditions are incorporated and the parties agree to submit to the exclusive jurisdiction of the English courts.  Under the new 1st January Defamation Act 2014 greater powers have been given for providers of forums and social media to provide information of defamation to companies with a paper trail right back to the originator , therefore you should consider that even though you appear faceless on a forum for example, you are traceable though every key you depress regardless of the equipment you use , where you are in the world, including your phone.  Therefore when  defamation is made known to us we will respond accordingly whereby the information collated about you, can if we choose to , be shared with the public  via forums/social media, the court and any form of media in order to respond to the comment you originally made to the public. This means that you will loose your anonymity, and by completing your purchase you are confirming that you fully understand this and that if you should ever decided to partake in defamation that you understand how it will affect you personally.

 

 


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