Terms and Conditions of Sale
Terms and Conditions of Sale
23, Gascoignes way, Charlton Hayes, Patchway, Bristol. BS34 5FW
Customer service telephone number: 01172445613
Registered office address:
71-75 Shelton Street, London, WC2H 9JQ
Company number: 09195659
VAT number: 200400300
VAT number: 200400300
1.1 These terms and conditions ("Terms") (together with our Privacy and Cookies Policy) apply to your use of our website www.fabelle-london.com (the "Website") and the legal terms and conditions on which we sell any of the products (the “Products”) listed on the Website to you ("Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any Products from the Website. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from the Website.
1.2 We reserve the right to amend these Terms from time to time and your continued use of the Website following such change will be deemed to be your acceptance of such change. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 14th June, 2018.
1.3 These Terms, and any Contract between us, are only in the English language.
1.4 If you choose to access the Website from outside the United Kingdom, you are responsible for compliance with local laws if and to the extent local laws are applicable.
1.5 You may only purchase Products from the Website if you are at least 18 years old.
1.6 We only use your personal information in accordance with our Privacy and Cookies Policy. Please take the time to read our Privacy and Cookies Policy, as it includes important terms which apply to you.
2. THE PRODUCTS
2.1 The images of the Products on the Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on the Website.
2.3 All Products shown on the Website are subject to availability. We will inform you by e-mail as soon as reasonably possible if the Product you have ordered is not available.
3. FORMATION OF CONTRACT
3.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
3.2 By placing orders for Products through the Website, you warrant that:
3.2.1 you are legally capable of entering into binding contracts;
3.2.2 the personal information which you provide is true, accurate, current and complete in all respects; and
3.2.3 you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
3.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.4.
3.4 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched ("Dispatch Confirmation"). The Contract between us will only be formed when we send you the Dispatch Confirmation.
3.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on the Website as referred to in clause 7.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
4. RETURNS AND REFUNDS
4.1 You have a legal right to cancel a Contract within 14 days after the day on which you received the Products. This means that during the 14 day period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
4.2 To cancel all or part of a Contract, please contact us:
4.2.1 in writing by sending an email firstname.lastname@example.org. Your cancellation is effective from the date you send the e-mail; or
4.2.2 by completing the cancellation form on the Website at www.fabelle-london.com. If you use this method we will e-mail you to confirm we have received your cancellation.
4.3 If you cancel your Contract we will:
4.3.1 refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
4.3.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
4.3.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
220.127.116.11 if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 4.6;
18.104.22.168 if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
4.4 If you have returned the Products to us under this clause 4 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
4.5 We will refund you on the payment method used by you to pay for the Products.
4.6 If a Product has been delivered to you before you decide to cancel your Contract:
4.6.1 then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back or hand it to our authorized carrier. Please see our Returns page www.fabelle-london.com/returns for our returns address and information about our authorized carrier and how to arrange a return;
4.6.2 unless the Product is faulty or not as described (in this case, see clause 4.4), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.
4.7 You acknowledge that where the Product consists of a box of items, the individual items that make up the Product must be returned as a group and cannot be returned individually.
5.1 We will use reasonable endeavors to fulfill your order by the estimated delivery date set out in the Dispatch Confirmation, which shall usually be 3 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). In the event that we are unable to meet your estimated delivery date, howsoever causes, we shall not be liable for any loss or expenses incurred by you.
5.2 Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 10 for our responsibilities when this happens.
5.3 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from delivery of that Order.
5.4 You own the Products once we have received payment in full, including all applicable delivery charges.
5.5 If we miss the delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
5.5.1 we have refused to deliver the Products;
5.5.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
5.5.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
5.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 5.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
5.7 If you do choose to cancel your Order for late delivery under clause 5.6 or clause 5.7, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
6. INTERNATIONAL DELIVERY
6.1 We deliver to:
(together, "International Delivery Destinations"). However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.
6.2 If you order Products from the Website for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
6.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
6.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
7. PRICE OF PRODUCTS AND DELIVERY CHARGES
7.1 The prices of the Products will be as quoted on the Website from time to time. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 7.5 for what happens if we discover an error in the price of Product(s) you ordered.
7.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
7.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
7.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
7.5 The Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on the Website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
7.5.1 where the Product's correct price is less than the price stated on the Website, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
7.5.2 if the Product's correct price is higher than the price stated on the Website, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
8. PAYMENT OF PRODUCTS
8.1 You can pay for Products using all major debit and credit cards.
8.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your payment card until we dispatch your order.
9.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
9.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.3 We do not in any way exclude or limit our liability for:
9.3.1 death or personal injury caused by our negligence;
9.3.2 fraud or fraudulent misrepresentation;
9.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
9.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
9.3.5 defective products under the Consumer Protection Act 1987.
10. EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 10.2.
10.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
10.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
10.3.1 we will contact you as soon as reasonably possible to notify you; and
10.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
10.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
11. OTHER IMPORTANT TERMS
11.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
11.2 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
11.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
11.4 These Terms are governed by English law. This means a Contract for the purchase of Products through the Website and any dispute or claim arising out of or in connection with it will be governed by English law. The courts of England and Wales will have exclusive jurisdiction.