These terms and conditions relate to goods which you offer to purchase from FrenziWear Ltd (“Flossy”, “we”, “our”, “us”) through www.flossyshoes.com . Please read these terms and conditions, which govern your use of this website and our supply to you of any goods which you offer to purchase through our on-line facilities. We will be unable to process any offer to purchase goods until you have done so.
If there is anything you do not understand, please feel free to e-mail us at firstname.lastname@example.org, or phone us on 01787 223114.
By making an offer to purchase, you agree to be bound by the whole provisions of the Agreement (as defined in clause 3 below) between you and us. If you do not accept these provisions you should not place an order. Your attention is drawn in particular to clauses 9 (limitation of liability) and 10 (indemnity).
You must be 16 years or older to register for the Service.
These terms and conditions may be changed at any time by us and we are not under any obligation to notify you of such changes.
2. YOUR AGREEMENT WITH US:
a) These terms and conditions, constitute the agreement between you and us relating to the provision of the Goods (“the Agreement”), and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to this, and all past courses of dealing or industry custom. No oral explanation or oral information given by any party (including any information given via our customer service departments) shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions, and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in these terms and conditions.
b) Nothing on our website is intended or shall be interpreted to mean that we are making a legal offer to you to provide the Goods; we are inviting you to make a legal offer to us to purchase the Goods. It is entirely at our discretion to accept or reject the offer to purchase.
c) The Agreement is concluded only when we have accepted your order by sending you an email (with the date of conclusion of the Agreement being the date shown on the email).
a) Payment can be made using any of the methods listed on this web site and will be debited when we have accepted your offer to purchase.
b) All prices are quoted in UK pounds Sterling and include VAT where applicable.
c) Our acceptance of your offer to purchase Goods is subject to their availability. Our acknowledgement of order acceptance via web or e-mail is not a guarantee of delivery. We will inform you if we are unable to deliver the Goods which you have offered to purchase and a full refund will be given.
d) Every effort has been made to ensure the descriptions and price of goods are correct. We will inform you as soon as possible in the event of an error in pricing or description coming to our attention. Where we notify you of such an error, you will have the option of either (i) confirming your offer to purchase subject to the corrected description or price, or (ii) retracting your offer to purchase and receiving a full refund if the Goods have been paid for.
4. DELIVERY AND RETURNS:
a) All deliveries are subject to stock availability and authorisation of your payment.
b) We shall endeavour to deliver the Goods you have offered to purchase as per the delivery option selected. If there are any delays we will notify you of such delay as soon as possible.
c) We can either deliver your order to the billing address for the card you use to pay for your order, or you can specify an alternative address such as a workplace, university or friend/family address at the checkout.
d) A signature will be required on delivery of the goods to you. Receipt of a signature at the delivery address will be proof that the order has been delivered to you. A signature may be obtained from any person at the given delivery address. If no person is present at the delivery address you have provided, the courier may attempt delivery with a neighbour who will be asked to sign on your behalf. Alternatively, your parcel may be delivered to a local Post Office, or returned to the couriers depot and delivery will be attempted at a later date.
5. UK DELIVERY:
a) UK Standard Delivery is FREE on all orders and will take approx 3-5 working days via Royal Mail.
b) UK Next Day Express Delivery* is £4.95 and will be delivered via DPD on the next working day on any orders placed by 2PM. If the order is placed after 2PM the delivery will be made within 48 hours. For example if an order is placed at 9PM on Wednesday, it will arrive the following Friday. Orders placed on weekends will be delivered the following Tuesday. On the day of delivery you will receive an email or text from DPD to confirm an expected 1 hour delivery slot. *Unfortunately this service is unavailable to residents of Channel & Offshore Islands, Northern Ireland and the Scottish Highlands.
6. INTERNATIONAL DELIVERY:
a) The title of goods ordered passes to you at the time the item is despatched from us in the UK. We will act as an agent to arrange delivery on your behalf with our delivery providers by collecting a delivery charge from you during your transaction which is passed to the delivery provider as payment for delivery. The delivery charges vary by country can be found here on our Delivery and Returns page.
b) It will vary by country but we endeavour to deliver the goods you have offered to purchase within 3-7 working days from the receipt of your offer. If there are any delays, we will notify you of such delay as soon as possible.
7. RETURNS AND EXCHANGES POLICY:
We hope you love your new Flossys! However, if you’re not completely satisfied with them for whatever reason, please return them in new condition within 14 days of delivery for a full refund or exchange.
Our Returns Policy:
1) Simply send your Flossys back with a completed Returns Form (included in your orginal delivery), in the condition that you received them and in their original packaging to the address below.
2) Please ensure you package your Flossys carefully and we recommend you use a form of registered post in case you need to track your parcel
3) Please note: we reserve the right to refuse a refund on any items that have been used or are not fit for resale.
4)We endeavour to reimburse the funds or contact you to update you on the return’s status within 10 working days of receiving it.
Our Exchanges Policy:
We will happily exchange your Flossys and send you a new pair free of charge, provided they’re returned to us unworn and in a saleable condition within 14 days of delivery. Simply fill out the Returns Form (included in your original delivery) and send them back to us at the address below.
Returns and Exchanges address:
Flossy Shoes c/o Colvanbridge Ltd
Unit 2-5 Riverside business Park
The cost of posting for Returns and Exchanges is your own and we sadly cannot reimburse you for this. This is in addition to, and does not affect, your consumer rights.
Receiving the wrong Flossys:
In the unlikely event that an order is sent in error, the item(s) must be sent back, including the completed Returns Form and a copy of the receipt of any reasonable postage costs. The correct item(s) will be sent back to you and the postage cost will be refunded to the customer’s account.
Our prices in the European Union include VAT where applicable. Orders shipped to countries outside the EU may be subject to additional Sales Taxes and Import Duties that are the customers responsibility.
9. SECURITY AND DATA PROTECTION:
a) Data Protection - We are committed to protecting your privacy and the security of any information given to us in order for us to process your order.
b) Our Data Protection Policy - We will not gather or hold personal information about you unless you have given your express permission for us to do so. By placing an order, you will consent to the use of such personal information. Any personal information held or processed will be kept up-to-date and will be destroyed as soon as the reason for its collection or processing has lapsed. No personal data about customers will be passed to any third party, except to offer you the opportunity to purchase from us, to fulfil the delivery of the goods to you, and as is necessary to process credit or debit card payments.
c) What Information is collected about you and how is it used?
When you place an order we need to collect your name, address, e-mail and telephone number as well as details of the method by which you intend to pay for the Goods. This information allows us to process your offer to purchase Goods and delivery of those Goods to you. We may use your e-mail address to send you notification of the status of the order. We will contact you by e-mail or by telephone if any problems occur regarding delivery of the Goods to you.
This information may be provided to third party service providers for the purpose of processing your offer to purchase the goods.
We may use your e-mail address to provide you with information on products, services, promotions and special offers unless you have opted out of this service.
If you supply your email address without placing an order, we may use your email in order to offer you the opportunity to purchase from us at a later date or provide you with information on our products and promotions. Your email address will not be used for any other purpose and will not be held on file by ourselves or any third parties after the reason for collecting it has lapsed.
d) Third parties
We will not sell or pass your details to third party organisations except to offer you the opportunity to purchase from us, to fulfil the delivery of the goods to you and for the purpose of processing your offer to purchase the goods.
By making an offer to purchase Goods you consent to the information you provide to us being processed for any of the above purposes.
Cookies are small pieces of information that are sent from your browser to our web server.
On this web site, cookies may be used to keep track of the items you place in your shopping basket.
We do not store any personal information in the cookie; they are designed only to collect information of an anonymous nature. We will not combine such anonymous information with your personal details.
You may need to ensure cookies are enabled to allow you to purchase from our site.
The security of your transaction is important to us and to prevent any details being seen by unauthorised persons it is protected throughout the payment process. To do this we use a secure server to encrypt the information before it is sent to the payments processor.
10. DISTANCE SELLING REGULATIONS:
We are obliged by law to provide you, prior to the delivery to you of the goods which you have purchased, with certain information in relation to those goods and your rights in relation to the agreement with us. This information appears throughout these Terms and Conditions.
11. RIGHT TO CANCEL THIS AGREEMENT:
a) Under the Distance Selling Regulations, you have seven working days from the Commencement Date in which to cancel this Agreement if for any reason you are not happy with the Goods which have been delivered to you. This cooling off period begins on the day after you receive the Goods from us.
b)If you wish to cancel the Agreement under the Distance Selling Regulations, you must notify us of this fact in writing and send your notification to us by e-mail or post within the cooling-off period. Full contact details are set out below.
c) On cancellation, you must return the Goods that we have delivered to you. On our receipt of the returned Goods, we will exchange the Goods or we will refund to you the price you paid for the Goods.
d) Unless you originally received substitute goods, you will be liable for the costs of returning the Goods to us, and we will not re-imburse you for this.
e) You should return such Goods back to us as set out in the ‘Delivery and Returns section’ of this document.
12. LIMITATION OF LIABILITY:
IMPORTANT: THIS CLAUSE CONTAINS PROVISIONS WHICH RESTRICT THE EXTENT TO WHICH WE ARE LIABLE TO YOU FOR ANY LOSS YOU MAY SUFFER IN CONNECTION WITH THE GOODS. PLEASE READ IT CAREFULLY AND DO NOT MAKE AN OFFER TO PURCHASE THE GOODS UNLESS YOU AGREE TO THIS CLAUSE.
a) Nothing in these terms and conditions is intended to exclude any provision of the Unfair Contract Terms Act 1977, or of the Unfair Terms in Consumer Contracts Regulations 1999, or of any other legislation designed to ensure that the rights of parties to a contract of the type of this Agreement (i.e. standard terms and conditions which are not individually negotiated) are fairly balanced.
b) Subject to the aforesaid, we shall not be liable to you for any loss or damage unless such loss or damage arises as a direct result of our negligence, recklessness or wilful misconduct, or fraud or misrepresentation on our part.
c) To the fullest extent permitted by applicable law, we disclaim all liability for our employees’ or sub-contractors’ negligence.
d) We may include links from time to time from our website to other internet sites. We have no control over the content of such sites and disclaim any liability in respect of your use of such sites.
e) All conditions, terms, representations and warranties relating to the Goods which are not expressly stated in this Agreement are hereby excluded to the fullest extent permitted by law.
f) Our total liability to you in respect of any claim by you arising out of or in connection with the provision (or the failure to provide) the Goods shall be limited to the value of the goods supplied.
g) No claim by you against us shall be valid unless you have notified us of the details of the claim within one year of it arising.
h) Every provision of this clause excluding or limiting liability shall be construed separately, applying and surviving even if for any reason any of these provisions is held inapplicable or unenforceable in any circumstances, and shall remain in force notwithstanding the expiry or termination of this Agreement.
IMPORTANT: IN THIS CLAUSE YOU AGREE THAT YOU WILL BE LIABLE FOR ANY LOSS WE (OR CERTAIN PEOPLE CONNECTED WITH US) SUFFER AS A RESULT OF BREACH OF THE AGREEMENT BY YOU OR BY CERTAIN PEOPLE CONNECTED WITH YOU. PLEASE READ IT CAREFULLY AND DO NOT MAKE AN OFFER TO PURCHASE THE GOODS UNLESS YOU AGREE TO THIS CLAUSE.
You agree that you shall be liable for, and hereby agree to indemnify us on demand in respect of any and all demands, liabilities, losses, costs and claims (including reasonable legal fees) sustained or incurred by us, our agents, suppliers, resellers, our customers, officers or employees, and arising as a result of breach by you of this Agreement.
14. WEBSITE CONTENT:
We have used reasonable care and skill in compiling the content of our website but make no warranty, express or implied, as to the nature or accuracy of any material on the website and cannot accept liability for any particular material on the website or as a result of any use of or reliance placed upon information contained within the website. The Confirmation Form is conclusive as to the Charges and the description of the Service.
Although every effort is made to ensure complete accuracy, some prices or details shown on the website may change from time to time, and it is possible that errors will occur. We will use reasonable endeavours to rectify any errors as swiftly as possible.
15. CONTACT DETAILS:
If you have any queries about these terms and conditions, or any other aspect of our website, or you have a complaint, you can phone us on 01787 223114, or e-mail us at email@example.com , or write to us at:
Flossy Shoes c/o Colvanbridge Ltd
Unit 2-5 Riverside business Park
We shall respond to any communication received by us as quickly as we can.
16. LAW AND JURISDICTION:
These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.