Terms & Conditions
1. THE COVERAGE OF THESE TERMS
This document (together with any documents herein mentioned) sets forth the terms and conditions governing the use of this website and the purchase of items through this website (hereinafter, the “Terms”). Please read through these Terms, our Cookies Policy and our Privacy Policy (together the “Data Protection Policies”) prior to using this website. Below you will find information on the nature of our business and what to do in the event that you face a problem. We outline the details surrounding the formation, alteration and termination of any such contract between you and us. In the event that this Website is unavailable for whatever reason at any time or for any period, we will not be liable. By using this website or placing an order through it, you are consenting to be bound by these Terms and our Data Protection Policies. If you do not agree to all of the Terms and the Data Protection Policies, do not use this website. These Terms and the Data Protection Policies may be amended. It is your responsibility to regularly read through them, as the Terms and the Data Protection Policies in force at the time that you use this website or at the time of the formation of the Contract (as defined below) shall be the applicable ones.
By purchasing any product from this website, you enter into a contract with us on these terms. We reserve the right to amend these terms and conditions at any time without notice. We reserve the right to refuse any order that we deem invalid or fraudulent.
2. OUR PROFILE
We, Formula Fashion Ltd, are a company registered in England and Wales. Our registered office is at 22 Page St, Westminster, London, SW1P 4EN. Our company registration number is 09756022.
3. CONTACT INFORMATION
3.1 Contacting us
You may email us at admin@formulafashion.co.uk or write to us at our registered office: 22 Page St, Westminster, London, SW1P 4EN.
3.2 Contacting you
In the event that it is required for us to contact you, we will do so by either emailing you at the email address or writing to you at the postal address you submitted to us in your order.
4. THE CUSTOMER
4.1 Legal status
In order to place an order through our website you must possess legal capability of entering into binding contracts. By reading and agreeing to these terms and conditions, you warrant that you do so.
4.2 Intent of purchase
You agree that the intent of your purchase is for private/domestic use; you agree that you will not purchase products through our website with intent to resell for business purposes.
4.3 Personal information
When you place an order through our website you agree that you are willing to provide us with any such information that we need. This will include: your full name, contact number (telephone/mobile), the addresses for billing and delivery and your email address. We may also need additional information such as your date of birth, gender etc. The information or personal details that you provide us with shall be processed pursuant to the Data Protection Policies. By using this website you are consenting to the processing of such information and details and you represent that the whole information or details you have provided us with are true and accurate. By reading and agreeing to these terms and conditions, you warrant that you are capable and willing to provide information that we require. If you wish to understand why we may need certain information from you, you may submit an enquiry via email to admin@formulafashion.co.uk or write to us at our registered office: 22 Page St, Westminster, London, SW1P 4EN.
5. USE OF OUR WEBSITE
5.1 By using this website and/or by placing any order through it, you undertake:
- To use the website exclusively to make legitimate enquiries or orders.
- Not to make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
- You may not misuse this website/App by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You will not attempt to have any unauthorised access to this website/App, to the server which hosts this site/App or to any other server, computer or data base related to our website. You undertake not to attack this website via a denial of service attack or a distributed denial of service attack. By breaching this provision you may commit a criminal offence under the applicable regulations. We will report any such breach to the relevant law enforcement authority and we will co-operate with the appropriate authority to disclose the identity of the hacker. Likewise, in the event of such a breach, your right to use this website/App will cease immediately. We will use reasonable care and skill to ensure that this website and App are safe, secure and free from bugs, viruses and other defects. Except to the extent it results from our failure to do so, we accept no liability for any loss or damage resulting from any denial of service attack, virus or any other software or material which is malicious or technologically harmful to your computer, equipment, data or material resulting from the use of this website/App or from the downloading of the contents thereof or of such contents to which this website/App redirects.
- To provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Data Protection Policies).
- To place an order, you will be required to select a product and then follow the instructions displayed on the web page so you may navigate to the ‘checkout’ page in order to complete the order. We will provide you with the chance to review the order before committing to buy so that you may make any necessary amendments.
If you do not give us all of the information that we need, we may not be able to complete your order. By placing an order through this website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
5.2 Formation of the contract
The information set out in the Terms and the detail contained on this website do not constitute an offer for sale, but rather an invitation to treat. No contract in respect of any items will exist between us and you until your order has been expressly accepted by us, whether or not funds have been deducted from your account. After placing your order, we will send you an acknowledgement email to inform you that we have received it. The contract between you and us is formed when we accept your order and send you a dispatch confirmation email.
5.3 If the order is unsuccessful
In the instance that we are unable to accept your order, prior to sending you dispatch confirmation, for any reason (such as the item(s) is/are out of stock) we will attempt to notify you and will not be charged for the item(s).
5.4 Cancelling your order
Should you wish to cancel your order, you will need to do so shortly after placing the order. The duration of time you will have to cancel your order will depend on your chosen delivery method. Details will be set out in the acknowledgement email you will receive after placing your order.
5.5 Amending these terms and conditions
There may be times where we will be required to make changes to our terms conditions and we will notify you when we make such changes.
5.6 Refusal of Order
We reserve the right to withdraw any items from this website at any time and/or remove or edit any materials or content on this website. Whilst we will use our reasonable endeavours to process all the orders submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an Order Confirmation, which we reserve the right to do at any time. We will not be liable to you or any other third party by reason of our withdrawing any item from this website, removing or editing any materials or content on this website, or for refusing to process or accept an order after we have received it or sent you an Order Confirmation.
6. THE PRODUCTS ON OUR WEBSITE
6.1 Slight variation in the images
The products may vary slightly from the images displayed on our website. We do our utmost to ensure that what you see is what you get however some devices may not portray an accurate representation of the exact colour of our products.
6.2 We reserve the right to make changes to our products
There may be instances where we deem it necessary to make technical alterations to our products, such as: meeting legal requirements, or making improvements.
6.3 Stock and availability
All orders for items are subject to availability and in this regard, in the event of supply difficulties or because items are no longer in stock, we reserve the right to give you information about substitute items of an equal or higher quality and value which you can order. If you do not wish to order the substitute items we will reimburse any monies that you may have paid. Where the item(s) is/are in stock, payment will be taken immediately.
6.4 Product prices
The price of each item will be displayed clearly on our website. Changes in prices will not apply to any product for which full payment has been made. For example, if you purchase an item and decide to end the contract, as set out at 9.1 to 9.3, only to discover that the item has changed in price, you will usually be refunded the full amount you had paid.
7. DELIVERY
7.1 Delivery times and costs
The cost of delivery and the time it will take for your item(s) to be delivered will depend on the chosen method of delivery. This information can be found on our website.
7.2 Unexpected delays
If we are unable to deliver your item(s) within the period of your chosen delivery method due to an event outside of our control, we will not be liable. We will, however, do our best to keep you informed regarding the unexpected delay and we will try to make sure your item(s) is/are delivered to you as soon as possible. Should there be risk of a considerable time passing before you receive the item(s) you have paid for, you may contact us to terminate the contract and be refunded for any item(s) you have paid for but not received.
7.3 Failure to make delivery
In the event that no one is available at the chosen delivery address when delivery is attempted, and your parcel cannot be left with a neighbour or in a safe place, you will receive a notification with will instruct you on how to collect your parcel from your local depot.
7.4 Failure to collect
If you fail to make the collection from your local depot within the stated period of time, the parcel will be returned to us and we will contact you to rearrange delivery. We may charge you for any additional delivery or storage costs.
7.5 Failure to rearrange delivery
If, after we have attempted to contact you, you do not rearrange delivery, we may end the contract. Should this happen, we will refund you for any item(s) not delivered to you but we may charge you compensation
8. RESPONSIBILITY AND OWNERSHIP
You will be responsible for the goods when they are delivered to the chosen address or when they are collected by the intended recipient. You will assume ownership of the goods as soon as we have received payment.
9. RETURNS
9.1 Cancelling the contract
If, after receiving the goods, you wish to return them, you will need to let us know in writing. For most items, you will have a legal right to cancel the contract within 14 days of receiving the goods and thereby receive a refund.
9.2 Returning the item(s)
The item(s) must be returned to us in the same condition in which they were received by the intended recipient. You will be required to cover postage costs. You will also be required to accept the risk of postage and will have a legal duty of care over the goods when they are in your possession. Should you fail to comply with this, we may seek compensation against you.
9.3 Items that cannot be returned
For hygiene reasons, you may not cancel a contract for goods such as underwear, socks or swimwear.
10. PAYMENT
All payments are taken online by credit or debit card, or via PayPal. We accept payment with Visa, Mastercard, Maestro and American Express. The price of any items will be as stipulated on our website from time to time, except in cases of obvious error. While we try to ensure that all prices on this website are accurate, errors may occur. If we discover an error in the price of items you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the items you will receive a full refund. We are under no obligation to provide the items to you at the incorrect (lower) price (even after we have sent you a Shipping Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an incorrect price.
11. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us or our licencors. You are permitted to use this material only as expressly authorised by us or our licencors. This does not prevent you using this website to the extent necessary to make a copy of any order or Contract details.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it (aside from our guarantee), without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or your rights under the Contract or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.
13. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control.
An event outside our control 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.
- Any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any Contract is deemed to be suspended for the period that any event outside our control 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 event outside our control to a close or to find a solution by which our obligations under the Contract may be performed despite the event outside our control.
14. WAIVER
If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, 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. A waiver by us of any default shall not constitute a waiver of any subsequent default arising from the Contract or the Terms. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above..
15. SEVERABILITY
If any of these Terms or any provisions of the 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.
16. LAW AND JURISDICTION
The use of our website and the Contracts for the purchase of items through such website will be governed by English law. Any dispute arising from, or related to the use of this website or to such Contracts shall be subject to the non-exclusive jurisdiction of the English courts. If you are contracting as a consumer, nothing in this Clause will affect your statutory rights as such. If you live in Scotland you can bring legal proceedings in respect of the items in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the items in either the Northern Irish or the English courts. If you live in Jersey you can bring legal proceedings in respect of the items in either the Jersey or the English courts. If you live in the Bailiwick of Guernsey you can bring legal proceedings in respect of the items in either the Guernsey or the English courts. If you live in the Isle of Man you can bring legal proceedings in respect of the items in either the Isle of Man or the English courts.
17. LIABILITY AND DISCLAIMERS
We are not liable for business losses. We only supply the items for domestic and private use. If you use the items for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
We may have links from our website to other third party websites and materials; such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites or materials. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links.