Conditions of Sale
Please read the following important terms and conditions before you buy anything on our website and check that they contain everything which you want and nothing that you are not willing to agree to.
Website Terms and Conditions of Sale
Summary of some of your key rights:
By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made (see below). We will give you this information in a clear and understandable way. Some of this information is likely to be obvious from the context. Some of this information is also set out in these Terms, such as information on our complaint handling policy.
Right to cancel – Services
The Consumer Contracts Regulations 2013 say that in most cases, you can cancel within 14 days. If you agree the service will start within this time you may be charged for what you’ve used.
Your Consumer Rights – Services
The Consumer Rights Act 2015 says that:
- you can ask us to repeat or fix the service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it;
- if a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable;
- if a time hasn’t been agreed upfront, it must be carried out within a reasonable time.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.
1. Our Terms
A. These terms and conditions set out: your legal rights and responsibilities; our legal rights and responsibilities; and certain key information required by law.
B. If you do not understand any of these Terms and want to talk to us about it, please contact us by:
I. e-mail: [email protected], or
II. telephone: +1 (801) 345-7219. Please note that calls will be answered at the following times:
Monday – Friday, 9 a.m.– 5 p.m.
We may record calls for quality and training purposes.
III. If you have a hearing or speech impediment you can contact us using a textphone on +1 (801) 345-7219.
I. “We, us or our” means SMAILENG, (VAT registration number 98-1634531) with our office at:
316 E 700 N, Provo
Utah 84606, USA
References to us in these Terms also includes any group companies which we may have from time to time;
II. “Our site or our website” means the site on which these terms and conditions are displayed, including, but not limited to the following websites:
III. “Terms” means these terms and conditions of sale as updated from time to time;
IV. “You or your” means the person accessing or using our site to make purchases from us.
D. The details of these Terms will not be filed with any relevant authority by us.
2. Terms and conditions of sale
A. These Terms apply to any sale of services on our site. If you buy services on our site you agree to be legally bound by these Terms and the terms and conditions contained herein.
B. These Terms are only available in English. No other languages are available for these Terms.
C. When buying any services on our site you also agree to be bound by:
I. our terms and conditions of use and any documents referred to therein;
II. specific terms which apply to certain services. If you want to see these specific terms, please visit the relevant webpage for the services.
All these documents form part of these Terms as though set out in full here.
3. Information we give you
A. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
I. read the Confirmation email that will be sent to you when you have ordered services (see clause below);
II. read the Confirmation SMS that will be sent to you when you have ordered services (see clause below);
III. login to your account on our site and view the information in your order history; or
IV. contact us using the contact details above.
B. The key information we give you by law forms part of these Terms (as though it is set out in full here).
C. If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
4. Ordering from us
A. Here we set out how a legally binding contract between you and us is made.
B. You place an order on our site by doing the following:
C. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
D. When you place your order at the end of the online checkout process (e.g. when you confirm payment), we will acknowledge it by SMS and Email. This acknowledgement does not, however, mean that your order has been accepted.
E. We may contact you to say that we do not accept your order. This is typically for the following reasons:
I. the services are unavailable;
II. we cannot authorise your payment;
III. you are not allowed to buy the services from us;
IV. we are not allowed to sell the services to you;
V. the number of services you have ordered is too large; or
VI. there has been a mistake on the pricing or description of the services.
F. We will only accept your order when we send you an SMS and an Email to confirm this (Confirmation SMS / Email ). At this point:
a. a legally binding contract will be in place between you and us; and
b. your order will be fulfilled
G. If you are under the age of 18 you may not buy any services from our site. However, in some cases you may not be able to buy certain services because you are too young. If so this will be set out on the relevant webpage for the services concerned.
5 Right to cancel
A. You have the right to cancel the contract created by these Terms within 14 days without giving any reason.
B. The cancellation period will expire after 14 days from the day on which this contract was entered into under these Terms.
C. To exercise the right to cancel, you must inform us of your decision to cancel the contract created by these Terms by a clear statement (e.g. a letter sent by post, fax or email). You can use the model cancellation form set out in the box below, but it is not obligatory.
I/We* hereby give notice that I/We* cancel my/our* contract of sale of the following goods */the supply of the following service *,
Ordered on */received on *,
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
* Delete as appropriate
D. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
6. Payment and right to cancel if performance of services requested to commence before expiry of 14 day cancellation period
A. If you request us to begin the performance of services during the 14 day cancellation period referred to above in the clause entitled “Right to cancel “, you shall pay us an amount which is in proportion to what has been performed until the date when you have communicated to us your cancellation of the contract created under these Terms, in comparison with the full coverage of the contract.
B. You will lose the right to cancel the contract created under these Terms if the services have been fully performed at your express request within the cancellation period (in which case we will ask you to confirm that you understand you will lose your right to cancel).
7. Effects of cancellation
A. If you cancel the contract created under these Terms in accordance with these Terms, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
C. We will make the reimbursement without undue delay, and not later than:
I. 14 days after the day we received back from you any goods supplied; or
II. (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
III. if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel the contract created under these Terms.
D. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
8. Performance of Services
A. Where possible we will offer the opportunity to confirm the time and date for performance of services purchased during the confirmation process and prior to the purchase of the services.
B. In other cases we may offer you with the opportunity to book the time and date for performance of services following the purchase of those services.
C. In all cases we will seek to perform the services purchased within a reasonable time and without causing you significant inconvenience.
D. Please note that where performance is requested or confirmed to commence within 14 days of purchase the above clause entitled “Payment and right to cancel if performance of services requested to commence before expiry of 14 day cancellation period” will be applicable.”
E. If you have any questions as regards the time or date for performance of purchased services please contact us immediately.
A. We accept the following means of payment:
Stripe, Bank Transfer, Wise, Payoneer, Western union, Paypal
B. We will do all that we reasonably can to ensure that all of the information you give us when paying for services is secure by using an encrypted and secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
C. Your credit card or debit card will only be charged when you confirm your order.
D. All payments by credit card or debit card need to be authorised by the relevant card issuer. From time to time we may also use extra security steps via Verified by Visa, Mastercard®SecureCodeTM or equivalent services.
10. Nature of services
A. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, that any services purchased are performed by us with reasonable care and skill.
B. We must provide you with services that comply with your legal rights.
C. When we supply services:
I. we will use all reasonable care and skill in the performance of those services;
II. where the price is not agreed beforehand we will provide the service for a reasonable price; and
III. we will perform the services within a reasonable time.
11. Unsatisfactory performance of services
A. Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of these Terms. They are a summary of your key rights. For more detailed information on your rights and what you should expect from us, please:
B. Nothing in these Terms affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
C. Please contact us using the contact details above, if you want:
I. repeat performance of services purchased;
II. a price reduction; or
12. End of the contract
If the contract that is created between us under these Terms is ended it will not affect our right to receive any money which you owe to us under this Terms.
13. Limit on our responsibility
A. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for:
I. losses that:
(a). were not foreseeable to you and us when the contract was formed; or
(b). that were not caused by any breach on our part;
II. business losses; and
III. losses to non-consumers.
C. Subject to the sub-clauses below titled “Exceptions”, we shall not be liable for consequential, indirect or special losses.
D. Subject to the sub-clauses below titled “Exceptions, we shall not be liable for any of the following (whether direct or indirect):
I. loss of profit;
II. loss or corruption of data;
III. loss of use;
IV. loss of production;
V. loss of contract;
VI. loss of opportunity;
VII. loss of savings, discount or rebate (whether actual or anticipated); or
VIII. harm to reputation or loss of goodwill.
I. The limitations of liability set out above shall not apply in respect of any indemnities given by either party under these Terms.
II. Notwithstanding any other provision of these Terms, the liability of the parties shall not be limited in any way in respect of the following:
(a). death or personal injury caused by negligence;
(b). fraud or fraudulent misrepresentation;
(c). any other losses which cannot be excluded or limited by applicable law;
(d). any losses caused by wilful misconduct.
16. Rights of third parties
No one other than a party to these Terms has any right to enforce any of these Terms.
A. We will try to resolve any disputes with you quickly and efficiently.
B. If you are unhappy with:
I. the services;
II. our service to you; or
III. any other matter;
please contact us as soon as possible.
C. If you and we cannot resolve a dispute using our complaint handling procedure, we will:
I. let you know that we cannot settle the dispute with you; and
II. consider the need for Alternative Dispute Resolution and, if considered necessary, provide you with information about any alternative dispute resolution provider we deem appropriate to deal with your complaint.
D. If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms.
E. The laws of England and Wales will apply to these Terms.
F. These Terms are current and up to date as of: 3rd November 2021