TERMS & CONDITIONS
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that you want and nothing that you are not happy with.
- These Terms And Conditions will apply to the purchase of the goods by you (the Customer or you). We are FARA a company registered in England and Wales under number 09607458 whose registered office is at GE, Enterprise House, 2 Tudor Grove, London E9 7QL with email address firstname.lastname@example.org; (the Supplier or us or we).
- These are the terms on which we sell all goods to you. By ordering any of the Goods, you agree to be bound by these Terms And Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the supply of the Goods;
- Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
- Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purpose of the information, and allows the unchanged reproduction of the information stored;
- Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
- Order means the customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
- 10. Website means our website www.faraboutique.comon which the Goods are advertised.
- The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purpose only and there may be small discrepancies in the size and colour of the Goods supplied.
- In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Goods which appear on the Website are subject to availability.
- We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
- We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
BASIS OF SALE
- The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- The order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- A contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order any errors. Confirmation is completed and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within the reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
- Any quotation is valid for a maximum period of 14 days from its date, unless we expressly withdraw it at an earlier time.
- No Variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
PRICE AND PAYMENT
- The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other prices as we may agree in writing.
- Prices and charges include VAT at the rate applicable at the time of the Order.
- You must pay by submitting your credit or debit card details with your Order and we can take payment immediately otherwise before delivery of the Goods.
- We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, or failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
- In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
- we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made the delivery on time was essential; or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
- If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
- If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
- If any Goods foam a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
- We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
- You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
- If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
RISK AND TITLE
- Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
- You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
WITHDRAWAL AND CANCELLATION
- You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
- goods that are made to your specifications or are clearly personalised;
- goods which are liable to deteriorate or expire rapidly.
- Also. the Cancellation Rights for a Contract cease to be available in the following circumstances:
- in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
RIGHT TO CANCEL
- Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
- The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than a carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscription), the right to cancel will be 14 days after the first delivery.
- To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
- You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer's decision to cancel the Contract on our website www.faraboutique.com. If you use this option, we will communicate to you and acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
- To meet the cancellation dead line, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
- Except as set out below, if you cancel this Contract, 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).
Deduction for Goods supplied
- We may take deduction from the reimbursement for loss in value of any Goods supplies, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
- If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any Goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
- If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
- 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.
- If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at GE Enterprise House, 2 Tudor Grove, London E9 7QL without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
- For the purposes of these Cancellation Rights, these words have the following meanings:
- distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
- sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
CONFORMITY AND GUARANTEE
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgement) and be for for any purpose held out by us or set out in the Contract; and
- conform to their description.
- It is not a failure to conform if the failure has its origin in your materials.
- We will immediately, or within a reasonable time, give you a benefit of the free guarantee given by the manufacturer of the Goods. Detail of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer's guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.
- We will provide the following after-sales service: Any unworn, unused faulty goods can be returned within 14 days after the purchase.
SUCCESSORS AND OUR SUB-CONTRACTORS
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss or profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
GOVERNING LAW, JURISDICTION AND COMPLAINTS
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.
- These terms and conditions were created using a document from Rocket Lawyer (http://www.rocketlawyers.co.uk).
- When placing a Pre-Order from Fara Boutique, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Fara Boutique shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your product being shipped by sending an e-mail to email@example.com.
- You will be charged the full price at the time of placing the Pre-Order. Your items will be shipped four to six weeks after you’ve placed your order. If Fara Boutique is unable to meet this timetable, we will offer you the option to continue waiting, or receive a full refund.
MODEL CANCELLATION FORM
Studio GE Enterprise House
2 Tudor Grove,
London E9 7QL
Email address: firstname.lastname@example.org
Name of Consumer (s):
Address of Consumer (s):
Reason for Return
FARA Boutique takes your privacy extremely seriously and we do our absolute utmost to adhere to the highest standards of data protection.
- WEBSITE FUNCTIONALITY COOKIES
These cookies enable you to browse the website and use our features such as shopping baskets.
WEBSITE ANALYTICS COOKIES
We use these cookies to measure and analyse how our customers use the website. This allows us to continuously improve our website and your shopping experience.
- CUSTOMER PREFERENCE COOKIES
When browsing or shopping online, the website will remember preferences you make (for example your user name, language or location). This makes your browsing experience simpler, easier and more personal to you.
By using our website you agree that we can place these types of cookies on your device and access them when you visit the site in the future. If you want to delete any cookies that are already on your computer, please refer to the help and support area on your internet browser for instructions on how to locate the file or directory that stores cookies. Information on deleting or controlling cookies is available at www.aboutcookies.org. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our site.
- ABOUT US
You can contact us at enquiries@FARABoutique.com (open from Monday to Friday, 9.30am to 6pm GMT).
- WHAT PERSONAL DATA DO WE OBTAIN PERSONAL DATA AND HOW DO WE USE THIS
FARA Boutique collects personal information from you directly in several ways, such as when you place an order or send us any communication or submit any information through our site. We may also use your personal information to send you marketing updates but only ever in accordance with your preferences (as detailed in Paragraph 5 (Marketing and Opt-Out Provisions). We may also use your personal data to manage and improve our business and site and to keep internal records and maintain reasonable archives, including anonymous statistical data about browsing actions and patterns, which does not identify any individual.
We may generate personal information ourselves, including in the course of providing you with any service or registration or operating our website or processing an order or performing a contract or in connection with the processing of any payment or arranging for any delivery, return or exchange. These details allow us to process your order and to let you know the status of your order.
In respect of any saved card details, we will only ever store the card type, the last four digits of the card used and the expiry date and such card details will never be shared with third parties and will only be used to process your order, using our payment partner’s safe payment platform systems. To help ensure that your shopping experience is safe, simple and secure, FARA Boutique uses Secure Socket Layer (SSL) technology.
- WHO WE SHARE YOUR PERSONAL INFORMATION WITH
We do not sell your details to third party marketing companies. We may obtain and disclose personal data to third parties (including intermediaries) as necessary to process any order or provide any service to you, including carrying out any checks, processing or recovery of any payment, carrying out delivery of any goods or exchanges or collection of any returns, to enforce or administer any contract or deal with any claims.
Saved card details will never be shared with third parties (other than for the purpose of processing a payment to us) and will only be used to process your order, using our payment partner’s systems. To help ensure that your shopping experience is safe, simple and secure, FARA Boutique uses Secure Socket Layer (SSL) technology.
Where any functionality of our website is clearly designed to make information public (e.g. a public forum), any information you provide in relation to that forum or other functionality, which is provided in such circumstances where it is clear that it is intended to be published, will be disclosed to the public accordingly. We may supply customer personal data to a government authority or regulator where required to comply with a legal requirement, for the administration of justice or where reasonably required to protect your vital interests.
- MARKETING AND OPT-OUT PROVISION
We may use your contact information to send you alerts (by email or other method) for new products, features, enhancements, special offers, upgrade opportunities, contests, events of interest and marketing promotions. When you register for an account or submit an order, you will be given the option to opt-out of subscribing to our alerts.
We do not sell or otherwise pass your details to third parties for marketing purposes. Marketing communications you subscribe to will only be sent by FARA Boutique.
At all times, we will offer you the opportunity to unsubscribe out of any service or update to which you have subscribed, if you change your mind. Any email we send you will contain an easy automated unsubscribe link so that you can opt-out of that particular mailshot. Simply follow the indications in the email. Alternatively, you can change your email preferences or opt out of all emails by logging into “My Account” page.
- HOW YOU CAN ACCESS AND CHANGE YOUR PERSONAL INFORMATION ON WWW.FARABOUTIQUE.COM
If for any reason you are concerned that the personal information held by FARA Boutique is not correct, please visit the website and, after logging into the site using the “LOG IN” menu on the home page, your personal information will be made available for review and change in the “MY ACCOUNT” page. Only you or, upon your request, FARA Boutique may access your personal data from our website. Information may be changed online within your “ACCOUNT DETAILS”, “ADDRESS BOOK”. You may also contact us by email at enquiries@FARABoutique.com and we will amend your personal details.
- SAFEGUARDING YOUR PERSONALLY IDENTIFIABLE INFORMATION
We will take reasonable care to maintain appropriate safeguards to ensure the security, integrity and privacy of the information you have provided us with. When you place an order or access your account information, we use a Secure Socket Layer (SSL) encryption, which encrypts your information before it is sent to us to protect it from unauthorised use and we will only ever store the card type, the last four digits of the card used and the expiry date and such card details will never be shared with third parties and will only be used to process your order, using our payment partner’s safe payment platform systems. We take care to make our site secure and all credit or debit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secure host environment.
- YOUR LEGAL RIGHTS
We process your personal data in accordance with the United Kingdom Data Protection Act 1998 (the “Data Protection Act”), which governs personal data generally, including your rights. We also process customer personal data in accordance with the United Kingdom Privacy and Electronic Communications (EC Directive) Regulations 2003, which governs use of telephone numbers, fax numbers and email addresses for unsolicited direct marketing.
You have the right to ask us to stop using your customer personal data for any purpose that is causing you substantial damage or substantial distress, which is unwarranted. You have the right to ask us to stop using your customer personal data to carry out direct marketing to you, including sending you advertising or marketing material. You have the right to ask us to change, erase, block or modify any inaccuracies in your customer personal data.
The applicable laws are regulated by the Information Commissioner (www.ico.gov.uk) in the United Kingdom. You may have the right to claim compensation for damage you suffer. In addition to your rights above, it is open to you, if you have a complaint or concern, to seek assistance from such government regulators.
- WHERE AND HOW TO ASK QUESTIONS OR FILE COMPLAINTS