Transaction Terms

The following terms and conditions (the “Transaction Terms”) govern all Products (as defined below) and all purchases between you and us of such Products (each such purchase, a “Transaction”) in connection with the subsite from which these Transaction Terms are linked (the “Site”).

 

Unless we expressly tell you otherwise, all Transactions, all Products and your use of such Products are subject to these Transaction Terms, which shall apply regardless of how you access the Site (including through the Internet, through a mobile network or otherwise).

We may also ask you to agree to additional terms and conditions in respect of particular Products before you place your order. If so, you will also comply with those additional terms and conditions when using the relevant Product(s) and in connection with the relevant Transaction(s).

When using the Site, you also agree to comply with the [Terms of Service]

Please note that the Products are exclusively available for consumers to purchase for non-commercial, non-business and non-professional purposes.

  1. PRODUCTS 
    1. We may sell the following types of products through the Site:

merchandise and apparel ("Products")

 

    1. From time to time we may:
      1. change descriptions, images, and references to the Products on the Site. Such changes will not affect Transactions which we have already accepted;
      2. limit the available quantity of any Product; and
      3. offer coupons, discount and coupon codes, promotional codes and other similar promotions which can be used to purchase Product(s) via the Site, and such promotions may be subject to separate terms and conditions which will be notified to you.
    2. Although we have made efforts to display the colour of the Products on the Site accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products.
  1. PURCHASES 

 

    1. If you wish to purchase any Product(s) on the Site, you may be asked to supply certain information in connection with such Transaction, including your credit card number or other payment account information, your billing address and shipping information. You must ensure that you have the right to share any information provided to us in connection with a Transaction.
    2. By submitting such information, you authorise us to use such information in accordance with our [Privacy Policy] including by providing such information to third parties as needed to process your order.
    3. By placing an order on the Site, you promise that:
      1. where a particular Product is subject to a legal age classification, you are of the required legal age; and
      2. you have the legal right to use the payment means selected by you;
    4. Unfortunately, we do not accept orders from customers who specify a delivery address outside of certain countries. For a list of the countries we deliver to, please check the Delivery information page on the Site. We do not accept orders for delivery to freight forwarding companies.
  1. OUR ACCEPTANCE OF YOUR ORDER 

 

    1. Any order you place on the Site represents an offer by you to us to make a purchase, which offer is accepted by us only when you receive confirmation from us that the Product(s) have been dispatched (the "Dispatch Confirmation"), in respect of:
    2. Prior to our acceptance of your order in accordance with clause 3.1, we reserve the right to cancel the Transaction or part of it, for example, if:
      1. we have been unable to take payment from you;
      2. a Product is out of stock or we have no remaining saleable stock (for example, because all remaining stock of a Product is damaged);
      3. we have identified an error in the price or description of a Product;
      4. your shipping address is located outside of the countries to which we deliver;
      5. your order breaches any of these Transaction Terms; or
      6. we have good reason to suspect that any Product(s) you have ordered are intended for business or commercial use (including where a freight forwarding company’s address has been specified as the delivery address, or where we receive orders from different customers for delivery to the same address).
    3. If we cancel any Transaction or part of it, or if any additional or different information is required to accept a Transaction, we or a third party acting on our behalf will inform you of this.
    4. If we cancel a Transaction or part of it:
      1. we will not charge you for the relevant Product(s); or
      2. if we have already taken payment from you for the relevant Product(s), we will refund you in full.
    5. Contracts with us can be concluded in the language(s) used on the Site only. The details of each contract will be retained by us for future reference.
  1. PRICE & PAYMENT 
    1. The price and availability of any Product offered through the Site are subject to change without notice.
    2. Product prices on the Site will be inclusive of VAT (where VAT is applicable).
    3. The payment methods that we accept for Transactions are specified at the bottom of the Site. We will take payment immediately upon your placing of an order on the Site. For more details on payments, please refer to the FAQs available on the Site.
    4. You are responsible for any costs payable to third parties that may be incurred by you in connection with a Transaction, including any applicable network charges in respect of mobile downloads and any additional duties and taxes (such as import duties and taxes) that may be applicable. For more details about when import duties and taxes may be payable, please refer to the FAQs available on the Site.
    5. Despite our best efforts, it is possible that a Product may be incorrectly priced. If the correct price of the Product is less than our stated price, we will refund you the difference between the correct price and the stated price. If the correct price of the Product is higher than our stated price, we will contact you to tell you and ask for your instructions.
  2. PRODUCT DELIVERY 
    1. We reserve the right to change Product delivery options without notice. Any such change will only apply to future orders you place and not any order you have already placed.
    2. If we accept your Transaction in accordance with clause 3.1, we will deliver the relevant Product(s) to you within the timeframes specified in the FAQs available on the Site. Please note that we do not dispatch separate deliveries of Products which are ordered as part of a single order. There may therefore be a delay in dispatching the Products you have ordered until all Products are available for dispatch, including in the following circumstances:
      1. if your order contains one or more pre-ordered Product(s), all of the Products you have ordered will be dispatched after the final pre-order release date; and
      2. if a Product you have ordered is temporarily out of stock, then unless you choose to cancel, all of the Products you have ordered will be dispatched once the relevant out of stock Product comes back into stock.
    3. On occasion, technical and other problems may delay or prevent delivery of a particular Product.
    4. If:
      1. we notify you that we anticipate a substantial delay in delivering a Product to you; or
      2. you experience a substantial delivery delay with regards to a  Product;

you may cancel the contract by contacting us ElizabethDayMerch@fane.co.uk We will then refund all sums you have paid to us for the relevant Product(s). If you cancel and have already received, or subsequently receive, the Product(s), you must return them to us to the address specified in clause 14 if we ask you to. If so, we will compensate you for your reasonable costs in returning the Product(s) to us by post or courier.

 

    1. If we or our carrier attempt to deliver Product(s) to you but are unable to do so, and if you do not re-arrange delivery or collect the Product(s) from a delivery depot, we or the carrier will contact you for further instructions. If, despite reasonable efforts, we or the carrier are unable to contact you or re-arrange delivery or collection, we may end the contract.
    2. Ownership of the Product(s) will pass to you on delivery, provided that we have received the required payment in full. You will be responsible for the Product(s) once they are delivered to you.
    3. We are not responsible and will not be liable for delay in delivery of, or failure to deliver, any Product if you have entered your address incorrectly. If you have entered your address incorrectly, we will attempt to contact you to confirm the correct address. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the contract.
  1. CANCELLATIONS AND RETURNS (APPLICABLE TO CUSTOMERS WHO ARE CONSUMERS IN THE UK ONLY)

 

    1. This clause 6 applies to you only if you are a consumer in the United Kingdom .
    2. You have a right to cancel any contract between us without giving any reason at any time within fourteen (14) days (the “Cancellation Period”). The Cancellation Period ends 14 days after the day on which you, or a third party ( other than the carrier) indicated by you receive the Products.

 

    1. To cancel a contract under this clause 6, you must notify us of such cancellation before the end of the Cancellation Period. You may cancel by emailing us at ElizabethDayMerch@fane.co.uk
    2. If you cancel in accordance with this clause 6 before your Product(s) have been dispatched, we will not dispatch the Product(s) and will reimburse you in accordance with clause 6.7 without undue delay and no later than fourteen (14) days after the day on which we are informed about your decision to cancel the contract.
    3. If you cancel in accordance with this clause 6 after your Product(s) has been dispatched or after you, or a third party (other than the carrier) indicated by you, have received the Product(s), you must return the Product(s) to the address specified, at your cost and no later than fourteen (14) days after the day on which we are informed about your decision to cancel.
    4. We will not be responsible for any costs you incur in returning any Product(s) to us. We will reimburse you in accordance with clause 6.7 without undue delay and not later than:
      1. 14 days after the day we receive the Product(s) back from you; or
      2. (if earlier) 14 days after the day you provide evidence that you have returned the Product(s).
    5. Where you are entitled to a reimbursement under this clause 6, we will reimburse you for all payments received from you for the relevant Product(s), except as stated in clauses 6.8 and 6.9.
    6. If you are returning the entirety of the Product(s) covered by the contract, such reimbursement will include any delivery costs you paid us for, provided that the maximum refund for delivery costs will be the costs for the least expensive delivery method we offer.
    7. We may also make a deduction from any reimbursement which is due in respect of the price of a Product to reflect any reduction in its value which is the result of your handling of the Product in a way which would not be permitted in a shop. Please see our Returns Policy available on the Site for examples of such unacceptable handling.

Please note that if such reduction in value is equal to the total price of the Product, then no reimbursement in respect of the price shall be given. If we refund you the price paid for any Product before we are able to inspect the Product and later discover you have handled the Product in an unacceptable way, you must pay us an appropriate amount to reflect the reduction in value.

    1. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise with us; in any event we will not charge any fees as a result of the reimbursement.
  1. DEFECTIVE PRODUCTS 

 

    1. If you are a consumer in the United Kingdom, we are under a legal duty to supply Product(s) that are in conformity with the contract.
    2. If you are a consumer in the United Kingdom nothing in these Terms will affect your legal rights as a consumer with respect to the Product(s).
    3. If you are a consumer based in the United Kingdom, you can find out more about your legal rights by contacting Citizens Advice or the Trading Standards Institute.
    4. If you are a consumer in the United Kingdom or other country we ship to,in the unlikely event that you experience a problem with any Product you have ordered, please contact us.
    5. Where you are entitled to a full refund, repair or replacement by law in respect of a Product, we may ask you to return the relevant Product to us. If so, you must return the item(s) to us by post to the address specified. We will cover your reasonable postage costs.
  1. LIABILITY 

 

    1. We will not be liable to you under these Transaction Terms or in connection with any Transaction in respect of any liability that occurs due to:
      1. your provision of incorrect or outdated information;
      2. your mobile handset being incompatible with the Site or having limited signal;
      3. your mailbox being full; or
      4. your failure to comply with instructions for use of the Site.
    2. In addition, we will not be liable to you:
      1. in the circumstances described in clause 5.8;
      2. in respect of any matter which is outside of our reasonable control, provided that we will contact you as soon as possible to let you know if there is a problem with any Transaction and we will take steps to minimise the impact where possible;
      3. for any loss of profit, loss of business, business interruption, or loss of business opportunity; or
      4. for any losses which are not a foreseeable result of any breach of these Transaction Terms by us.
    3. Nothing in these Transaction Terms shall operate to exclude or restrict any liability which cannot be excluded by law, including:
      1. death or personal injury caused by our negligence; or
      2. fraud or fraudulent misrepresentation; or
      3. if you are a consumer in the United Kingdom for breach of your legal rights as a consumer in or misdescribed).
  1. USAGE RESTRICTIONS FOR PRODUCTS 

 

    1. All intellectual property and other rights in any Products that we make available through the Site are owned by Elizabeth Day.
  1. GENERAL 

 

    1. We may amend these Transaction Terms from time to time. However, the version of the Transaction Terms that applied at the time you made a Transaction will continue to apply to that Transaction, except where a change is required by law or governmental authority, in which case such change shall apply to the Transaction if specifically notified to you by us.
    2. If we do not insist immediately that you do anything you are required to do under these Transaction Terms, or if we delay in taking steps against you in respect of your breaking these Transaction Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    3. If a court or other relevant authority finds that any provisions of these Transaction Terms are unlawful, the remaining provisions of these Transaction Terms will remain in full force and effect.
    4. You may only transfer your rights or your obligations under these Transaction Terms to another person if we agree to this in writing.
    5. Nobody else has any rights under these Transaction Terms except you and us. No other person shall have any rights to enforce these Transaction Terms.
    6. These Transaction Terms and any matters arising in connection with these Transaction Terms shall be governed by the laws of England and Wales. You can bring legal proceedings in connection with these Transaction Terms in the United Kingdom.
  1. 11.QUERIES OR COMPLAINTS 

 

If you have any queries or complaints regarding your Transaction, please feel free to contact us by writing to us at ElizabethDayMerch@fane.co.uk