This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on the website to be found at www.myfriendfiona.com and www.myfriendfiona.co.uk (the site) to you. Please read these terms and conditions carefully before ordering any Products from the site. You should understand that by ordering any of the Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
Please check the box marked "Agree to our Terms and Conditions" at the end of the Checkout page if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from the site.
2. How the Contract is formed between you and us i. After placing an order, you will receive an e-mail from us acknowledging that we have received and have processed your order. A separate despatch email will be sent out when your order has been fulfilled. ii. This contract will relate only to those Products whose order we have confirmed in our initial e-mail.
3. Consumer Rights i. If you are contracting as a consumer, you may cancel a contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our Refunds Policy. ii. To cancel a contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
4. Availability and Delivery Your order will be fulfilled by the delivery method set out in our initial email to you.
5. Risk and Title i. The Products will be at your risk from the time of delivery. ii Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
6. Price and Payment i. The price of any Products will be as quoted on the site from time to time, except in cases of obvious error. ii. These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery, Returns and Refunds. iii.Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an initial e-mail. iv. The site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a Product´s correct price is less than our stated price, we will charge the lower amount when despatching the Product to you. If a Product´s correct price is higher than the price stated on the site, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection. v. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you our initial e-mail, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing. vi. Payment for all Products must be by credit or debit card. We will charge your credit or debit card at the point of accepting your order.
7. Our Liability i. We warrant to you that any Product purchased from us through the site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. ii. Our liability for losses you suffer as a result of us breaking this agreement 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 be contemplated by you and us at the time your order is accepted by us. iii. This does not include or limit in any way our liability: (a) For death or personal injury caused by our negligence; (b) Under section 2(3) of the Consumer Protection Act 1987; (c) For fraud or fraudulent misrepresentation; or (d) For any matter for which it would be illegal for us to exclude, or attempt to exclude our liability. iv. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings;(e) loss of data, or ; (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;
8. Import Duty i. If you order Products from the site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. ii. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
9. Written Communications Applicable laws require that some of the information or communications we send to you should be in writing. When using the site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
10. Notices All notices given by you to us must be given to firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 9 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
11. Transfer of Rights and Obligations i. The contract between you and us is binding on you and us and on our respective successors and assigns. ii. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent. iii. We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
12. Events outside our Control i. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event). ii. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: Strikes, lock-outs or other industrial action. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. Impossibility of the use of public or private telecommunications networks. The acts, decrees, legislation, regulations or restrictions of any government. iii.Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
13. Waiver i. If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. ii. A waiver by us of any default shall not constitute a waiver of any subsequent default. iii. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.
14. Severability If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15. Entire Agreement i. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. ii. We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions. iii.Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.
16. Our right to vary these terms and conditions i. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system´s capabilities. ii. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions in our initial e-mail to you concerning a particular contract (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
17. Law and Jurisdiction Contracts for the purchase of Products through the site will be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.