FANKLEMADE

TERMS AND CONDITIONS 

OVERVIEW

This website www.fanklemade.com, is operated by Fanklemade and is herein referred to as the “Website”.  Throughout the Website, the terms “we”, “us” and “our” refer to Fanklemade and reference to either “Customer” and “you” or “your” shall mean references to you as the Customer or user of our Website.

We offer our Website to you as a user, which provides all information, tools and services available from the Website to you, conditioned upon your acceptance of all terms, conditions, policies and notices and any other documents herein referred to, in which we supply our products to you, whether these are goods, services or digital content.

If you wish to purchase any of our products, you will be redirected to our webpage on www.Etsy.com and you will be subject to those terms of conditions upon purchase and pay according to the site’s requirements. Alternatively, you may contact us by telephone or email to place an order to purchase any of our products and any payments made this way, will then be via bank transfer or cheque in these circumstances.

Regardless of how you use this Website or purchase our products, these General Terms will apply.  By visiting our Website and/or purchasing something from us, you engage in our “Service” and therefore agree to be bound by the following terms and conditions (“General Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

Please read these General Terms carefully before accessing or using our Website.  By accessing or using any part of the Website, you agree to be bound by these General Terms.  If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.

INFORMATION ABOUT US

Who we are. We are a sole trader Sheree Wayman, trading as Fanklemade in England and Wales with our trading address at PO Box 1222, St. Albans, Hertfordshire, AL1 9HA.

How to contact us. You can contact us by telephoning us at 07533 884494 or by writing to us at hello@fanklemade.com.

How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us.

“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

OUR PRODUCTS

Products may vary slightly from their pictures. The images of the products on our Website are for illustrative purposes only.  Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products.  Your product may vary slightly from those images.  Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our Website have a 2% tolerance.

Product packaging may vary. The packaging of the product may vary from that shown in images on our Website.

Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. 

  1. GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these General Terms.

  1. OUR CONTRACT WITH YOU

How we will accept your order. Whilst, we refer you to our webpage on Etsy to place orders, we will accept orders directly over the telephone. As such, our acceptance of your order will only take place when we call or email you to accept it, at which point a contract will come into existence between you and us.

If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

We only sell to the UK. Our Website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.

  1. ACCURACY AND COMPLETENESS

We endeavour to present the most recent, most accurate, and most reliable information on our Website at all times. However, there may be occasions when some of the information featured on the Website may contain incomplete data, typographical errors, or inaccuracies.

Please be aware that we present our content ‘as is’ and make no claims to its accuracy, either express or implied.

All sizes and measurements are approximate.  We reserve the right to amend errors, inaccuracies or omissions, or to update product information at any time without prior notice. In the event that a product is listed at an incorrect price due to photographical error, typographical error or error in pricing information, we shall have the right to refuse or cancel any orders placed for any product listed at the incorrect price (regardless of whether or not the order has been confirmed and you have been charged).

  1. CANCELLATION

We hope you are completely happy with your Product but if you are not there is no need to worry. We will be pleased to exchange or have a Product returned to us at our discretion.

If what you have bought is faulty, described incorrectly, the wrong order or you have simply changed your mind you may have a legal right to end the contract. To end the contract with us, please let us know by emailing us at hello@fanklemade.com.

The Product must be returned in its original condition.

If you change your mind. In all circumstances where you are returning the Product where you are exercising your right to change your mind you must pay the costs of return. Please note that we are not responsible for any delays in the Product being returned to us. If you change your mind and no longer wish to proceed with the purchase of the Order, you may cancel your Order or the Contract within 14 days after your acceptance of the Order and this must be communicated to us in writing or using a cancellation form. You are also free to cancel for any reason before we send the Order confirmation. To do this, you must formally notify us of your intention by written notice by emailing us at hello@fanklemade.com or writing to us at PO Box 1222, St. Albans, Hertfordshire, AL1 9HA.  Where payment has already been made, this will be refunded to you.

We reserve the right on a case by case basis to refuse return and refund of the goods at our discretion. You do not have the right to change your mind, exchange or return Products where they have been used or damaged and each returned Product will be inspected on an individual basis. Returns should be in the original state, unused and in the original packaging. We will also not offer any refunds on any products which are bespoke or personalised.

Faulty products. If the Products are faulty or damaged in any way when you receive your Order, please contact us at hello@fanklemade.com  as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for a refund, repair or replacement. We will offer you a refund within 30 days from the date of purchase.

We reserve the right to withdraw the Product. We may write to you to let you know that we are going to stop providing the Product. We will let you know at least 7 days in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided and or suggest replacements.

You may cancel any Order where we have failed to comply with these Terms (except where we have been subject to a Force Majeure event or any event out of our control) and you do not have to make any payment to us in these circumstances.

  1. DELIVERY

Delivery costs. The costs of delivery will be as set out on our website.

When we will provide the products. During the order process we will let you know when we will provide the products to you.

If the products are goods. We will aim to deliver your order to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.

We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract with you.

Ending the contract for late delivery. If you choose to treat the contract as at an end for late delivery you can cancel your order.

When you become responsible for the products. A product will be your responsibility from the time we deliver the product to the address you gave us and you will own the product once payment has been made in full.

Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

(a)  deal with technical problems or make minor technical changes;

(b)  update the product to reflect changes in relevant laws and regulatory requirements;

(b)  make changes to the product as requested by you or notified by us to you.

  1. THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this Website may direct you to third-party websites that are not affiliated with us.  We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will have no liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We confirm that we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.  Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

The inclusion of a link to another site on our Website is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

  1. INTELLECTUAL PROPERTY

Unless otherwise noted, all design and content featured on the Website is subject to copyright law, trademarks, and/or other intellectual property rights that are either owned, controlled or licensed by or to us (“Intellectual Property Rights”).  All such Intellectual Property Rights are reserved.

The content on the Website, and the Website as a whole, is intended solely for the personal and non-commercial use by users of our Website.   Any use of our Website and its content for purposes other than personal and non-commercial is prohibited without the prior written permission of us.

You may download, print or store any of the page contents displayed on the Website, provided that you (1) only use these materials for your personal, non-commercial use, (2) do not post the content on any website/media network or broadcast the content in any media; or (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.  Should you choose to download, copy, or forward any website materials via email, no right, title, or interest in those materials will be transferred to you.  We reserve complete title and full Intellectual Property Rights in any content you download, reproduce, print, redistribute or store from this Website.

However, our status as the owner and author of the content on our Website (or that of identified licensors, as appropriate) must always be acknowledged.

  1. ACCEPTABLE USE

In addition to other restrictions as set forth in these General Terms, you may not use this Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to promote or assist in any form of unlawful acts; (d) to infringe upon or violate our Intellectual Property Rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) to calculate or otherwise be likely to deceive another person (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of the Service or any related Website, other websites, or the Internet.

We reserve the right to terminate your use of our Website or any related website if you are deemed to be in breach of any terms of this Agreement.

  1. LIMITATION OF LIABILITY

Insofar as is permitted by law, we make no representation, warranty, or guarantee that our website will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

Nothing on our Website constitutes advice on which you should rely.  It is provided for general information purposes only.

By using our Website, you acknowledge that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

We make reasonable efforts to ensure that the content on our Website is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the content is complete, accurate, or up-to-date.

To the fullest extent permissible by law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our Website or the use of or reliance upon any content included on our Website.

We exercise all reasonable skill and care to ensure that our Website is free from viruses and other malware.  We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of our Website (including the downloading of any Content from it) or any other site referred to on our Website.

Nothing in these General Terms seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

Nothing in these General Terms seeks to exclude or limit your legal rights as a consumer.  For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

  1. VIRUSES, MALWARE AND SECURITY

We exercise all reasonable skill and care to ensure that our Website is secure and free from viruses and other malware. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our Website.

You must not attempt to gain unauthorised access to any part of our Website, the server on which our Website is stored, or any other server, computer, or database connected to our Website.

You must not attack our Website by means of a denial of service attack, a distributed denial of service attack, or by any other means.

By breaching the provisions of this clause, you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them.  Your right to use our Website will cease immediately in the event of such a breach.

  1. SEVERABILITY

In the event that any provision of these General Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these General Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

  1. PRIVACY POLICY AND COOKIES

Use of our Website is also governed by our Privacy and Cookies Policy, which are available here. These policies are incorporated into these General Terms by this reference.

  1. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These General Terms are effective unless and until terminated by either you or us. You may terminate these General Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these General Terms, we also may terminate this agreement at any time without notice.

  1. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these General Terms shall not constitute a waiver of such right or provision.

These General Terms and any policies or operating rules posted by us on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

15.  FORCE MAJEURE

Where, in spite of our reasonable efforts, we are unable to perform an obligation due to force majeure, we shall not be deemed to be in breach of our contract with you.
Force majeure means any clause affecting the performance by us of our obligations arising from acts, events, omissions, happenings or non-happenings beyond our reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.

16.   CHANGES TO THESE GENERAL TERMS

We may alter these General Terms at any time. Any such changes will become binding on you upon your first use of our Website after the changes have been implemented. You are therefore advised to check this page from time to time.
In the event of any conflict between the current version of these General Terms and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

17.   LAW AND JURISDICTION

These General Terms and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
If you are a consumer, any disputes concerning these General Terms, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
If you are a business, any disputes concerning these General Terms, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

 

26th February 2018