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Terms & Conditions

General Terms & Conditions of Website Usage

Introduction to General Terms & Condition

This website (the “Site”) is owned and operated by Syndicate Distribution BV (“Syndicate Distribution”) and is being made available to you free-of-charge. The terms "you", "your", and "yours" refer to anyone accessing, viewing, browsing, visiting or using the Site. The terms "we", "us", and "our" refer to Syndicate Distribution, its affiliates and subsidiaries. We reserve the right to change the nature of this relationship at any time and to revise these General Terms and Conditions from time to time as we see fit. As such, you should check these General Terms and Conditions periodically. Changes will not apply to any orders we have already accepted unless the law requires. If you violate any of the terms of these General Terms and Conditions you will have your access canceled and you may be permanently banned from accessing, viewing, browsing and using the Site. Accessing, viewing, browsing and/or using the Site after we post changes to these General Terms and Conditions constitutes your acceptance and agreement to those changes, whether or not you actually reviewed them. At the bottom of this page, we will notify you of the date these General Terms and Conditions were last updated. Entering or using the Site will constitute your acceptance of these General Terms and Conditions. If you do not agree to abide by these General Terms and Conditions, please do not enter the Site.

Discrimination

We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.

Privacy

Please review our Privacy and Security Policy, which also governs your visit to the Site. To the extent there is a conflict between the terms of the Privacy and Security Policy and these General Terms and Conditions, these General Terms and Conditions shall govern.

Copyright

You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under applicable copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), your legal rights in relation to “fair dealing” under European copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.

Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these General Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.

Intellectual Property Infringement

We rely on a network of independent affiliates, parent and subsidiaries, agents, third-party product providers, third-party Content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, licensors and the like (collectively, "Associates") who supply some of the goods advertised on the Site and, in some cases, drop ship them directly to our customers. In accordance with the Digital Millennium Copyright Act, we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Site, or items advertised on the Site, by our Associates. If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Site. In order for us to investigate your claim of infringement, you must provide us with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
  • A description of the copyrighted work or other intellectual property that you believe has been infringed.
  • A description of where the material that you claim is infringing is located or identified on the Site.
  • Your name, address, telephone number, and e-mail address.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.

The above information should be provided to our agent for notice of claims of copyright or other intellectual property infringement. Our claims agent can be contacted at +31 20 362 99 16.

Trademarks

Syndicate Distribution, Halo, Evo, Tribeca, SubZero and any other marks which may or may not be designated on the Site by a “™” “®” “SM” or other similar designation, are registered, pending or unregistered trademarks or service marks of Syndicate Distribution or its Associates, in the United States and other countries. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Syndicate Distribution or its Associates. Syndicate Distribution’s or its Associates’ trademarks and trade dress may not be used in connection with any product or service that is not Syndicate Distribution's or its Associates, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Syndicate Distribution or its Associates. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Syndicate Distribution.

Site Access

You may not download (other than page caching) or modify the Site or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Site or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Syndicate Distribution or its parent or subsidiaries without our express, prior written consent. You may not use any Meta tags or any other "hidden text" utilizing our name or trademarks without our express, prior written consent.

Your Account

If you use the Site, you are responsible for maintaining the confidentiality of the information you submit through “My Account” and the corresponding password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under “My Account” or password. We reserve the right to refuse service, terminate accounts, and to remove or edit content submitted by you in the “My Account” area of the Site.

Export

If applicable, the U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.

Links

We are not responsible for the content of any sites that may be linked to or from the Site or any bulletin board associated with us or the Site. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Site are independent from us, and we have no control over the content of that other website. In addition, a link to any other website does not imply that we endorse or accept any responsibility for the content or use of such other website.

In no event shall any reference to any third party or third-party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.

Disclaimers and Limitations of Liability

The Site is provided on an "AS IS," "as available" basis. Syndicate Distribution does not warrant that use of the Site will be uninterrupted or error-free. Syndicate Distribution does not warrant the accuracy, integrity, or completeness of the Content provided on the Site or the products or services offered for sale on the Site. Further, Syndicate Distribution makes no representation that Content provided on the Site is applicable or appropriate for use in locations outside of the United States. Syndicate Distribution specifically disclaims warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by Syndicate Distribution shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.

Under no circumstances shall Syndicate Distribution be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Syndicate Distribution records, programs, or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if an authorized representative of Syndicate Distribution has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise and services available through the Site.

Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Site, please refer to the manufacturer for details.

The products on our Site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.

Online Conduct

You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an author chat or online review), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of Syndicate Distribution, our users, and customers and/or you.

We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Site, Site users, our customers or any rights of Syndicate Distribution or any third party. Notwithstanding the foregoing, Syndicate Distribution cannot ensure prompt removal of questionable Content after online posting. Accordingly, Syndicate Distribution does not assume any liability for any action or inaction with respect to conduct, communication, or Content on the Site.

Social Media Policy

When you post or upload any content to any Syndicate Distribution-controlled social media page, you agree that Syndicate Distribution can use that content, including any names, voices, images, and performances that content contains, for any purpose. By posting or uploading the content on a Syndicate Distribution page, you grant the Syndicate Distribution a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sublicenseable and transferable worldwide license in any and all media to use, modify and create derivative works based upon that content for any purpose, including advertising and promotion, without notice, attribution or payment. You certify that you are the original author or creator of your content, and that you have the right to post it. You also certify that you have permission from anyone depicted in a photograph you post to agree to these terms, and that Syndicate Distribution’s use of your content in accordance with this license will not violate or infringe upon anyone else's rights. Syndicate Distribution does not tolerate misleading/inaccurate content and/or content containing racial, ethnic, sexual, religious or physical disability slurs. Accordingly, we reserve the right to edit and/or delete such content.

Termination of Usage

We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these General Terms and Conditions or is harmful to the interests of other users or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.

Usage by Minors

This Site is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). Because we may not be able to prohibit minors from accessing, viewing, browsing, visiting or using the Site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with this Site, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) and that any information you provide to us is not inaccurate, deceptive, or misleading.

Nicotine Sales to Minors

We will not sell nicotine or nicotine-related products to anyone who is not of legal age to purchase and use tobacco or nicotine products under applicable law. We cannot be held responsible for minors purchasing nicotine or nicotine-related products with a parent or guardian’s credit card. By placing your order for nicotine or a nicotine-related product you are confirming that you are of legal age to purchase and use nicotine products in the state, country, or territory where you are based. We may restrict the purchase of nicotine-related products in your area.

Nicotine Disclaimer

Syndicate Distribution’s products and the statements made within have not been evaluated by the U.S. Food and Drug Administration (FDA) or any international health organization. Syndicate Distribution’s products are not intended to diagnose, treat, cure, or prevent any condition, disorder, disease or physical or mental conditions and should not be used as a substitute for a physician's advice. Syndicate Distribution’s products are intended for use by persons of legal smoking age, not by nonsmokers or by children, women who are pregnant or breastfeeding, or persons with or at risk of heart disease, high blood pressure, diabetes, or taking medicine for depression or asthma. Consult a physician immediately if you experience nicotine misuse symptoms such as nausea, vomiting, diarrhea, dizziness, weakness, and rapid heartbeat. If you smoke tobacco products, you are encouraged to stop. Syndicate Distribution’s products are not a smoking cessation device and have not been tested as such. Keep Syndicate Distribution’s products out of the reach of children and pets; ingestion of the non-vaporized ingredients in the cartridges can be poisonous and ingestion of certain components can present a choking hazard.

Warnings: Nicotine is addictive and habit forming; very toxic by inhalation, in contact with the skin and if swallowed; danger of serious damage to health by prolonged exposure if swallowed; irritating to eyes and skin; may cause sensitization by skin contact; may cause harm to the unborn child; vapors may cause drowsiness or dizziness; very toxic to aquatic organisms, may cause long-term adverse effects in the aquatic environment; after contact with skin, wash immediately with plenty of water and seek medical advice; in case of accident or if you feel unwell, seek medical advice (show the label where possible); this material and its container must be disposed of in a safe way; use appropriate containment to avoid environmental contamination.

Warning for California residents regarding Proposition 65: Syndicate Distribution products contains nicotine, a chemical known to the State of California to cause birth defects or other reproductive harm.

Applicable Law

You agree that Dutch law will govern these General Terms and Conditions and the purchase of products by you through the Site and that any dispute of any sort that might arise between you and Syndicate Distribution or its affiliates and subsidiaries shall be submitted to confidential binding arbitration in Amsterdam, Netherlands and when applicable, subject to the exclusive jurisdiction of the courts of the Netherlands except that, to the extent you have in any manner violated or threatened to violate Syndicate Distribution’s or its parent’s or subsidiaries’ intellectual property rights, Syndicate Distribution may seek injunctive or other appropriate relief in any relevant court in any country and you consent to exclusive jurisdiction and venue in such courts.

Site Policies, Modification & Severability

Please review our other policies, such as our Privacy and Security Policy, Returns Policy, Shipping & Delivery Policy, and others, all of which are incorporated herein by this reference and are posted on the Site. These policies also govern your visit to the Site. We reserve the right to make changes to the Site, policies, and these General Terms and Conditions at any time. If any of these General Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that specific condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

What constitutes a sale

After placing an order, you will receive an email from us acknowledging that we have received your order (“Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the “Shipping Confirmation”). A contract with us will only be formed when we send you the Shipping Confirmation. The contract will relate only to those products whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products which may have been part of your order in a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the product is no longer in our or our inventory.

Order Change Policy

Orders to Syndicate Distribution are typically turned around quickly, and your packing slip is typically generated soon after placing your order. Once this packing slip is generated, your order has begun the shipment process of picking, packing, and staging. We will do our best to accommodate change requests within a reasonable time frame, but will be unable to fulfill requests outside of that window. This policy is in place to ensure customers receive their orders as quickly as possible.

Pricing and Availability of Products

Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered. Our Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching

On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty.

On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.

Coupons and Promotions

From time to time, we may offer both coupons and promotions. The coupons and promotions are subject to the following terms: Coupons must be entered at the point-of-sale for discount to be applied; Coupons cannot be retroactively applied to existing orders; Promotional offers cannot be used with other discounts or coupons; Coupons and promotions are not applicable to Clearance items.

General Offer Disclaimer

All offers are limited to those individuals who are of legal age to purchase and use our products under applicable law. All offers are limited to stock on hand; no rain checks are available. Not valid on prior purchases, gift cards, gift certificates, taxes or shipping and processing charges. Consumer must pay applicable sales tax. Offer may not be combined with any other sale, promotion, discount, code, coupon and/or offer. Promotions have no cash value. Offer cannot be sold or otherwise bartered. Void where prohibited, taxed or otherwise restricted. Returns of any portion of the purchase will require equal forfeiture of offer or amount equal to offer. We reserve the right to end or modify any promotion at any time. Other restrictions may apply. Offer valid online only at Syndicate Distribution’s website. Offer applies to the United States and internationally unless otherwise noted.

Non-U.S. Pricing

Pricing of products available for purchase by non-U.S. customers may vary by country and from our prices for our U.S. customers, owing to the inclusion of all or a portion of shipping, taxes, duties, and imports factored into the price of the product.

Disclaimers of Warranty & Limitations of Liability

We warrant to you that any product purchased from us through our Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied and will conform with description or sample. Our liability for losses any customer suffers as a result of us breaking these General Terms and Conditions or anything else we do or do not do in connection with any order is strictly limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could reasonably be contemplated by the parties at the time your order is accepted by us. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable, including but not limited to:

  • Loss of income or revenue
  • Loss of business
  • Loss of profits or contracts
  • Loss of anticipated savings
  • Loss of data; or
  • Waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.

This does not in any way limit or exclude any liability of us (a) under section 2(3) of the Consumer Protection Act 1987, (b) for breach of any condition as to title or quiet enjoyment implied by section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982; (c) for death or personal injury caused by our negligence or (d) for fraudulent misrepresentation. Other than the warranties and other assurances we give you in these Terms and Conditions, syndicatedistribution.uk specifically disclaims all warranties, conditions and other terms of any kind, whether expressed or implied, including but not limited to implied terms of satisfactory quality or fitness for purpose. No oral advice or written information given by syndicatedistribution.uk shall create a warranty (unless made fraudulently).

Questions About These General Terms & Conditions

If you have a question about the Site, or about the General Terms & Conditions Policy, please contact us at +31 20 362 99 16.

Last revised on 22 April 2018.