Terms and Conditions

Definitions

1.  Acceptance means acceptance by Galaxy Connect of the order made by you. Acceptance will be confirmed by email, following Confirmation of Labelling. 
2.  Buyer, you and your means the business that buys or agrees to buy the Goods from the Galaxy Connect.
3.  Contract means the Terms and Conditions together with the Order Form between Galaxy Connect and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions.
4.  Confirmation of Labelling means Buyer confirmation of approval of design applied to Goods.
5.  Delivery means physical deliver of the Goods to the delivery address set out in the Order Form.
6.  Goods means white label e-liquid goods that the Buyer can and may agree to buy from the Galaxy Connect.
7.  Galaxy Connect, we, us and our means Galaxy Connect Limited, registered in England and Wales with a registration number of 06059467 and whose registered address is Amba House, 4th Floor Kings Suite, 15 College Road, Harrow, Middx, England, HA1 1BA.
8.  Order Form means the accepted order form as confirmed to you by Galaxy Connect.
9.  Other Services means other products which are advertised and offered for sale by Galaxy Connect.
10.  Website means galaxyconnect.co.uk.
11. Terms and Conditions means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing, in the Order Form, by the Galaxy Connect.

Conditions

12.  These Terms and Conditions shall apply to all contracts for the sale of Goods by the Galaxy Connect to the Buyer and together with the Order Form shall prevail over any other documentation or communication from the Buyer.
13.  Acceptance of Delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
14.  Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Galaxy Connect.
15.  Any complaints should be addressed to: Unit 7 Apollo Park, Apollo, Lichfield Road Industrial Estate, Tamworth B79 7TA.

Pricing, Availability and Discontinuation of Service

16.  All relevant charges and Other Services stated on the Website or other Galaxy Connect advertising material may be varied from time to time.
17.  Galaxy Connect reserves the right to change pricing and availability at its sole discretion.
18.  Galaxy Connect reserves the right at any time to modify, suspend, discontinue or permanently cancel any product made available, offered and/or advertised on the Website, or portions thereof, with or without notice to you.
19.  If our products, or any part thereof, for which you purchased is permanently discontinued or cancelled by the Galaxy Connect, Galaxy Connect will reimburse any purchase price you have paid in respect of products, which you have not received.

Ordering

20.  All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by Galaxy Connect. Galaxy Connect may choose not to accept an order for any reason.
21.  Where the Goods ordered by the Buyer are not available, the Buyer shall be notified and given the option to either wait until the Goods are available or cancel the order and receive a full refund for those Goods within 28 days, from Acceptance.
22.  When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described on the Website, Galaxy Connect require all technical steps to be completed properly prior to accepting any order.

Labelling

23.  Galaxy Connect shall print and apply to each bottle, a customised design, provided by the Buyer, provided that;

  23.1 The Seller may only provide one design per order;
  23.2 The Seller must provide to Galaxy Connect such design in the requested format;
  23.3 The seller may not provide for use any offensive image or wording to be placed on the Goods;
  23.4 The Seller must not provide for use any image or wording which infringes the intellectual property rights of others.

24.  Galaxy Connect reserve the right to refuse the service to the Buyer where the Buyer does not comply with Condition 23 above.
25.  Where Galaxy Connect accepts any design, provided by you, Galaxy Connect accepts no liability, in respect of the application or use of such design to the Goods.
26.  The Buyer provides to Galaxy Connect a, worldwide, non-exclusive licence to use such design for the purposes of advertising and promoting the Galaxy Connect Goods.

Agreement

27.  Where Goods may only be purchased by persons of a certain age, the Buyer may be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
28.  If Galaxy Connect discovers that the Buyer is not legally entitled to order certain Goods, Galaxy Connect shall be entitled to cancel the order immediately, without notice.
29.  The Buyer agrees to be bound by the terms and conditions of this agreement, and any additions and variations stated within the Order Form.

Price and Payment

30.  The price of the Goods shall be that which is stipulated by Order Form following receipt of an order.
31.  The total purchase price, including delivery charges, if any, will be as detailed on the Order Form.
32.  After the order is received, Galaxy Connect shall confirm by email the details, description and price for the Goods together with information on the right to cancel.
33.  Payment of the price plus any delivery charges must be made in full before dispatch of the Goods.

Delivery

34.  Goods ordered will normally be despatched within 7 working days following Acceptance.
35.  Where specific delivery dates have been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date.
36.  Galaxy Connect shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence, Galaxy Connect shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
37.  Delivery of Goods shall be made to the Buyer’s address specified in the Order Form and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
38.  If packages are lost or delayed in transit, no orders will be refunded or re-shipped free of charge until an investigation has been completed. Delivery services will not investigate missing items until 15 working days for UK orders, 20 working days for EU orders and 25 working days for international orders, have passed from the date of dispatch.
39.   Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.

Right of Galaxy Connect

40.  Galaxy Connect reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. Galaxy Connect shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
41.  Galaxy Connect reserves the right to withdraw any Goods from the Website at any time.
42.  Galaxy Connect shall not be liable to anyone for withdrawing any Goods from the white label service offered, the Website or for refusing to process an order.

Cancellation and return

43.  The Buyer shall inspect the Goods immediately upon receipt and shall notify the Galaxy Connect within 3 working days of delivery confirming in writing if the Goods are damaged or do not comply with any of the Contract.
V1 April 2022
44.  If the Buyer fails to do so, the Buyer shall be deemed to have accepted the Goods. For health, safety and hygiene reasons, once Goods are used it cannot be returned, unless faulty.
45.  Orders can be cancelled any time prior to Confirmation of Labelling. Once shipped, if returned unopened, the Buyer will be responsible for both the outbound and return shipping costs plus any restocking fee deemed necessary, up to a maximum of 10% of the purchase price.

Warranty

46.  All e-liquids supplied by Galaxy Connect are marked with a ‘best before’ date and batch code. The batch code refers to our supplier reference codes as well as our own nicotine testing. Galaxy Connect will not accept any returns if the seal on the product has been broken or tampered with in any way or if the product best before date has expired. Returns will only be accepted by agreement and refunds, whether partial or complete, will not be offered until the liquid/s in question has been tested by whatever manner we feel necessary and non-compliance has been proven.

Disclaimer

47.  Galaxy Connect’s products and statements have not been evaluated by the Food and Drug Association or any international health organisations. Our products are not intended to diagnose treat, cure or prevent any condition, disorder or physical or mental condition.
48.  Galaxy Connect’s products are intended for use by persons over the legal smoking age, not by non-smokers, or by children, or by women who are pregnant, or breast feeding, or persons with or at risk of heart disease, high blood pressure, diabetes or taking medicine for depression or asthma.
49.  Users must seek medical advice immediately if they experience symptoms such as nausea, vomiting, diarrhoea, dizziness, weakness or rapid heartbeat. Our product is not a smoking cessation method and has not been confirmed as such. Ingestion of the non-vaporised concentrated ingredients can be poisonous and ingestion of certain components can present a choking hazard.
50.  Nicotine is addictive and habit forming, very toxic by inhalation. Vapour may cause drowsiness or dizziness. After contact with skin, wash immediately with plenty of water. In case of accident or if you or any users feel unwell, seek medical advice. Materials and its contents must be disposed of in a safe way; use appropriate containment to avoid environmental contamination.
51.  Unless otherwise expressly agreed in writing, Galaxy Connect and its affiliates (collectively “Galaxy Connect”) are not in any way associated with the owner or operator of the 3rd party website or responsible or liable for the goods and services offered by them or for anything in connection with such 3rd party website. Galaxy Connect does not endorse or approve and makes no warranties, representations or undertakings relating to the content of the 3rd party website.
52.  Galaxy Connect disclaims liability for any loss, damage and any other consequence resulting directly or indirectly from or relating to your access to the 3rd party website or any information that you may provide or any transaction conducted on or via the 3rd party website or the failure of any information, goods or services posted or offered at the 3rd party website or any error, omission or misrepresentation on the 3rd party website or any computer virus arising from or system failure associated with the 3rd party website.

Disclaimer of Warranties and Limitation of liability

53.  You understand and agree that your use of our Goods, the Other Services and the Website is solely at your own risk.
54.  You agree that the Products is provided on an “as is,” and “as available” basis, except as otherwise noted in this agreement.
55.  Galaxy Connect shall have no liability to you, or to any third party, for any modification, suspension, discontinuance or termination of the Website or any part thereof.
56.  In the event of any breach of this agreement by Galaxy Connect, your remedies shall be limited to a claim for damages. Under no circumstances shall the liability of the Galaxy Connect exceed the price of our Goods or the Other Services.
57.  Galaxy Connect makes no warranties that the Website will meet your requirements, or that these will be uninterrupted, timely, secure, or error free.
58.  No advice or information, whether oral or written, obtained by you from Galaxy Connect or through the Website shall create any warranty not expressly made herein. You may not rely on any such information or advice.
59.  Nothing in this Agreement shall limit either party’s liability for death or personal injury caused by negligence, and/or the negligence of either party’s respective employees or agents.60 Neither party shall be entitled to any consequential, indirect or special damages, loss of profits or loss of business arising out of any breach of this Agreement.
61.  Any use or misuse of our products and or Other Service by you is completely outside Galaxy Connect’s control and Galaxy Connect shall not be liable for any loss (including loss of profits), damage, expense or breach of Intellectual Property Rights which may arise or which may be incurred by you or any third party as a result thereof.

Disclaimer

62.  Buyer shall indemnify and shall hold Galaxy Connect, its subsidiaries or associated companies (including where relevant its parent company) harmless against any expense, liability, loss, claim or proceedings whatsoever (including legal expenses, loss of profit, revenue, business and goodwill and any damages, loss, costs, claims, liabilities or expenses of any kind) arising from or in connection with:
  62.1 any breach, non-observance or non-performance, by you or your use of the Goods, of any statute, law or regulation;
  62.2 any breach, non-observance or non-performance of Condition 20.3 and or Condition 20.4 of these terms and conditions; and
  62.3 any legal actions, claims or demands brought by any third party which state that Galaxy Connect (or its sub-contractor’s or agent’s) Goods created by your use or any part or product thereof infringes any Intellectual Property of a third party.

Intellectual Property Rights

63.  Subject to condition 24 above, each Party will retain all rights, title and interest in and to its intellectual property, and neither Party will acquire any right, title or interest in or to any intellectual property of the other Party pursuant this Agreement.
64.  Buyer must not, and must not permit any other person or entity to, reverse engineer, reverse assemble or decompile the Goods. No licence is provided to the Buyer to undertake any such practice.

Waiver

65.  No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorised representative of Galaxy Connect.
66.  The remedies of Galaxy Connect under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies.
67.  The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.

Force Majeure

68.  Galaxy Connect shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Galaxy Connect shall be entitled to a reasonable extension of its obligations.

Severance

69.  If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

Changes To Terms

70.  Galaxy Connect shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase, unless notified and agreed.

Governing Law and Jurisdiction

71.  These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.