The legal agreements set out below are between you and Phesky Ltd. Please read the following Terms and Conditions as they affect your use of the Website, any information contained therein and/website pages, and any products and services available from or through Phesky Ltd (the “Website”). These Terms and Conditions govern any use of the Website as a guest or registered customer.

  1. Information about us

• Phesky is a website operated by Phesky Ltd.  Phesky Ltd is registered in England and Wales under company number 12709978, and its registered office is situated at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ.

  2. Definitions

• “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
• “General Terms and Conditions” means these Terms and Conditions.
• “Specific Terms and Conditions” means the Specific Terms and Conditions tailored to cover any product or service that you may purchase from Phesky through the Website, and which take priority over these General Terms and Conditions to the extent of any conflict between them.
• “Web site” “Website” or “Site” means the web site you were browsing when you clicked on a link to these General and Special Terms and Conditions, including all subsidiary pages.
• “we”, “us”, “our” and “ourselves” refers to Phesky Ltd.

   3. Use of the Website

• By accessing www.phesky.com and all subsidiary web pages within the site, you agree to these General Terms and Conditions in full, together with any additional or specific terms and conditions we may draw to your attention prior to your purchasing any products or services from or via this Website.
• All material on the Website and our social media pages is provided for information purposes only and does not constitute legal, products of any other kind; therefore, it cannot and should not be relied upon as such or purchasing any of the products or services, available on or from this Website.
• You accept that any comments posted by you on our Website and/or social media pages can be viewed by the public, and that we have no control over, or liability for, the way in which this information is used by any third party who views your comments.

• 4. Links to third-party websites and services

  • The Website and our blog articles may contain links, buttons and banners that redirect you to third-party resources and websites that may be of interest. The inclusion of any link does not mean we endorse the site or have any association with its operators, nor should the inclusion of any link be viewed as an encouragement to purchase or use any third-party products or services – we provide these links to you for information purposes and convenience only.
  • Linked Websites are not under our control and we are not responsible for the contents of any Linked Website including, without limitation, any link contained in a Linked Website, or any changes or updates to a Linked Website. We do not accept responsibility or liability for the privacy of your personal information on any Linked Website, and we are not responsible for webcasting or any other form of transmission received from any Linked Website.
  • These General Terms and Conditions do not cover your interaction with Linked Websites; therefore, you should carefully review the Terms and Conditions and privacy policies of any third party sites you visit. Your use of any linked Website is at your own risk.
  • Certain services made available via the Website are delivered by third parties. By using any product, service or functionality originating from the Website domain, you acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality for the Website’s users and customers.

  • 5. Updates and changes to the Website

    • We aim to update the Website regularly but we cannot guarantee that information will be accurate, complete and current at all times. We may update this information when necessary, and all information on the Website is subject to such modification from time to time without notice; however, we make no representations, warranties or undertakings of whatever nature about the information, content or materials provided on the Website. This includes, without limitation, the quality, accuracy, completeness and reliability of the information.
    • We will use reasonable efforts to keep the Website available to you but it is subject to on-going updates and improvements, and we reserve the right to change or remove (temporarily or permanently) the Website, or any part of it, including all products, or prices, without prior notice. By accepting these Terms and Conditions, you confirm that we shall not be liable to you for any such changes or removals that may take place.
    • Changes to these General Terms and Conditions and the Specific Terms and Conditions may be made at any time. Your use of the Website and the purchase of products are also subject to any such changes. You accept personal responsibility to check if any changes have been made to the General Terms and Conditions or relevant Specific Terms and Conditions every time you visit the Website or purchase products from us.

    6. Exclusion of liability to you from the use of the Website

    • The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made, and without warranty of any kind – whether expressed or implied – including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
    • Any and all liability to you that may arise from your access to, and use of, the Website – whether due to negligence, breach of duty or otherwise – is excluded to the maximum extent permitted by law.
    • No warranty is given that the functionality of the Website will be uninterrupted or error free, that defects will be corrected, or that the Website – or server that makes it available – are free of viruses or anything else which may be harmful or destructive.
    • We are not responsible for the content of other Websites that link to or from this Website. Links to other sites are provided simply for your information and do not imply that we approve of those sites or their content.
    • Nothing in these General Terms and Conditions shall be construed so as to exclude or limit the liability of ourselves for death or personal injury as a result of our negligence or that of its employees or agents. For the avoidance of doubt, this clause shall apply also to the Specific Terms and conditions below.

    7. Intellectual Property – Copyright and Trade Marks

    • All text, templates, images, information and layouts – other than those supplied by third parties – are the property of Phesky Ltd.
    • You are permitted to view, copy and print extracts from this website for your own personal use; however, all rights, intellectual or otherwise, will remain with Phesky and do not pass to you. Should you wish to use content of the site for any other purpose, please contact us.
    • The copyright of all other materials not belonging to Phesky that may feature on this Website – including their design, layout, text, graphics, photographs, and the source code and software – belongs to their respective owners.
    • Registered and unregistered trade marks, logo designs, registered company names and other such forms of IP are also the property of their respective owners.
    • You are not permitted to sell or re-sell anything available from the Website, other than to the extent expressly permitted in accordance with any product purchased by you from the Website, where such permission is either expressly granted or in a circumstance in which it is a necessary attribute of the product concerned.

    8. Force Majeure

    • In connection with the supply of any goods ordered by you through the Website, we shall not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control. Such circumstances include – though are not limited to – acts of God, strikes; lock outs; accidents; war; acts of terrorism; fire; or failure of any communications, telecommunications or computer system. We shall be entitled to a reasonable extension of our obligations to you (to the extent we owe any such obligations) should a Force Majeure event occur.
    • If a Force Majeure event to which this clause applies does occur, we agree to notify you as soon as practicable. If the Force Majeure event continues for more than 14 days, either party shall have the right to cancel the products. Where products have been paid for but have not been rendered, you will be entitled to a full refund from the date of cancellation for all such Products.

    9. Creating an account with us

    • The Website provides a facility that allows you to create and register an account with us in order to gain greater access privileges and purchase products. If you choose to register with us, you are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur on or through it – under no circumstances should you disclose your account information to anyone else. You agree to immediately notify Phesky of any security breach of your account.
    • Phesky shall not be responsible for any losses arising out of the unauthorised use of your account, and you agree to indemnify us for any loss or damage we may incur resulting from breach of this clause.

    • 10. Your privacy and Data Protection

      • We respect your confidentiality and take the protection of your personal data very seriously. Therefore we shall not sell or make your data available to any third party without your prior consent.
      • You may alter or update any personal information provided to us as part of registration on the Website at any time.
      • For the purposes of applicable data protection legislation, Phesky will process any personal data you have provided to it in accordance with our Privacy Notice available on the Phesky website or on request from Phesky. If you have any queries about the manner in which personal data will be processed by Phesky or your rights in relation to such processing please contact us.
      • You agree that, if you have provided Phesky with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer of such personal data to Phesky and (2) that you have brought to the attention of any such third party the Privacy Notice available on Phesky’ website or otherwise provided a copy of it to the third party. You agree to indemnify Phesky in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
      • Please review our Privacy Policy in full, which explains how we treat your personal information and protect your privacy.

      11. Terminating the use of the Website

      • We reserve the right to withdraw or suspend your right to access or use the Website at any time without prior notice and without disclosing our reason for doing so.

      12. Waiver

      • No waiver by us (whether express or implied) in enforcing any of our rights shall prejudice our right to enforce such rights in the future.

      13. Miscellaneous

      • If any provision of these General Terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed, and the validity and enforceability of the remaining provisions shall not be affected.
      • In the event of there being any conflict between these General Terms and Conditions and the Specific Terms and Conditions that apply specifically to the purchase of certain goods through this Website, the Specific terms and Conditions shall prevail.
      • No person who is not a direct party to any agreement covered by these General Terms and Conditions shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement.
      • As a consumer, you have the right to cancel a products for the provision of goods at any time before 14 calendar days have passed from the day after the purchase was made. Any such cancellations must be provided to us in writing. If we have already shipped the goods, before you exercise your right to cancel, the right to cancel is lost.

      14. Notices

      • This clause applies where these General Terms and Conditions or the Specific Terms and Conditions provide expressly or by implication for the products of notices.
      • Any notice required to be given under our Agreement with you or in connection with the matters contemplated by it shall, except where otherwise specifically provided, be written in the English language.
      • Any such notice shall be addressed to the usual business address of the other party and may be:
        • Personally delivered
        • Sent by Royal mail, to the address any place in the United Kingdom
        • Sent by Yodel
        • Sent by Hermes
      • In all cases, notices shall be deemed to be given when received.

      15. Governing law and Jurisdiction

      • Your use of the Website and the purchase of any products from it are governed in accordance with the laws of England and Wales.
      • The English courts shall have exclusive jurisdiction over any dispute or difference whatsoever arising out of or in connection with your use of the web site or the purchase of any products from it.

      Specific Terms and Conditions – Phesky.com

      These Specific Terms and Conditions are applicable to transactions made through the Phesky website at https://phesky.com/ and any subsidiary pages. They must be read and agreed to in full, together with the General Terms and Conditions above, which apply to any agreement between us and to your use of the Website in general.

      1. Definitions

      • “Phesky”, “Phesky.com“, “we”, “us”, “our” or “ourselves” means Phesky Ltd, registered in England and Wales under company number 12709978. Our registered office is situated at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ. 

      2. Phesky Gadgets Products

      2.1 Limitation of liability

      • By purchasing Phesky Gadgets products, you are granting us the right to ship the product, as an authorised person ,  you are agreeing to take under this terms & conditions. – provision of the products will be subject to receipt of this information.

      2.2 Special Limitation of Liability

      • We do not accept any liability of whatever nature for errors or omission in the information you submit through our Website,  
      • It is your responsibility to ensure that any name you put is correct. We accept no liability for your choice of name or any problems which may arise due to your choice.

      • 2.3 Requirements for the use of our Phesky.com

      • By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under 18 years old please use this Site only under the supervision of a parent or legal guardian. Subject to the terms and conditions of this agreement, hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Site by displaying it on your Internet browser only for the purpose of shopping and not for any commercial use or use on behalf of any third party, except as explicitly permitted by  phesky.com in advance. Any violation of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

      2.4 Ordering our products and services

      • You are presented with a range of choices during the ordering process. It is your responsibility to ensure you read and fully understand these choices before proceeding with any purchase. Should you have any queries regarding our products , any aspect of your order, we strongly recommend that you contact us during our usual UK business hours prior to proceeding with any purchase. Whilst we endeavour to provide a prompt response to your enquiry, we cannot guarantee to do so in every instance. It therefore remains your responsibility to elicit further information from us regarding the product you intend to order before the order is placed.
      • All orders that you place through this Website are deemed to be an offer by you to purchase the products that we supply, subject to these Terms and Conditions and our acceptance of the order. We may choose to reject any order without disclosing our reason for doing so. We reserve the right to refuse orders, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable laws or is harmful to our interests. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this Site or any portion of it unless expressly permitted by our company in writing.
      • By accepting these terms and conditions, you are granting us authorisation to use the information you provided to ship the products.
      • We are regulated by the Money Laundering and Terrorist Financing (Amendment) Regulations 2019.