Please take time to thoroughly read the terms and conditions set out below ("these Terms") as they affect your rights and liabilities under the law and set out the terms under which FrouFrouFeathers ("FrouFrouFeathers", "we" and "us") makes the goods available to you.
1. Use of this Site
• This Site is provided to you free of charge for your personal use subject to these Terms. By using this Site you agree to be bound by these Terms. All orders and purchases made on this Site will also be governed by these Terms and will be between you and FrouFrouFeathers. Your contract will not under any circumstances be with any other party, including any retailer whose web site may have directed you to this Site. THESE TERMS DO NOT AFFECT YOUR STATUTORY RIGHTS
• The prices payable for the items that you order are clearly set out in the web site. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch the item concerned. All prices are in pounds sterling and are expressed inclusive of any VAT payable unless otherwise stated. The price of the items does not include the delivery charge (if any) which will be charged at the rates applicable at the date you place your order and which will be displayed on the web site.
• All prices are subject to change without notice due to fluctuating market prices.
• If for any reason beyond our reasonable control, we are unable to supply a particular item, we will notify you as soon as possible.
• There will be no contract of any kind between you and us unless and until we actually dispatch the goods to you. At any point up until then, we may decline to supply the goods to you without giving any reason. At the time of order acceptance and by dispatching the goods (and not before), a contract will be made between you and us. If we decline to supply goods and payment has already been taken from your credit or debit card, we shall credit your credit or debit card with the price of the goods within 30 days of declining your order. We shall not be obliged to offer you any additional compensation for disappointment suffered.
• If there is a problem with your order in terms of availability of the goods or our ability to deliver, we shall contact you by telephone or email as soon as reasonably practicable.
• If the goods that you ordered are not available, we reserve the right to substitute goods of a similar specification and quality.
• Colours on this site are indicative only; we cannot guarantee that the colours will always match 100%.
• Samples are sent as a guidance only. Please bear in mind when using samples that all our feathers are natural and each one is different. We will always supply the same or better quality if available. Feathers are graded by quality and not size or shape.
5. Delivery, Shortages and Acceptance
• It is expected that all orders, unless you wish otherwise, will be despatched within 2-3 working days of cleared payment. Feather fans take much longer as are hand-made. If you require goods within a specific time please let us know at the time or order, or before.
• Delivery will be made to the address specified by you on the completed order form. Once goods have been delivered to you they will be held at your risk and we will not be liable for their loss or destruction.
• All orders will be sent by post or 3rd party courier. Delivery cost can be seen on your "shopping trolley" when placing your order or if a telephone order you will be informed at the time of ordering.
• Please note it may not be possible to deliver to some locations. If you are not able to take delivery of the products, depending on the carrier used, your goods will either be stored at the depot nearest to your address until you can collect them or the carrier will attempt to redeliver the goods to your address.
• We shall use our best endeavours to secure delivery within 10 days of receipt by us of your order but shall not be liable for loss occasioned by delay in delivery arising out of any cause beyond our control.
• If you order items with different availability dates, we will hold all the items until the last item is delivered. You may however choose to have each item delivered separately and we reserve the right to charge you a delivery charge each time.
• We can only be held responsible for shortages if we are notified by phone, email or in writing within 5 days of delivery date
• If our couriers cannot make a delivery you will be contacted by both us and the couriers to arrange a re-delivery or pick up.
• If you do not respond and the items are returned to us you may be subject to a charge.
• Please inspect the products within 10 days of the product arriving. We shall not be held liable for any damaged or incorrect goods if an inspection has not been carried out within this period of time.
• If the item needs re-delivering there will also be a re-delivery charge.
• Photographs may be asked for as form of identifying any issues with the order.
• If you cancel an order before goods have been dispatched you may be subject to a cancellation fee up to 25% of the order value. If you paid via PayPal or Google Checkout then any extra fee's will be added.
• If the goods have already been dispatched at the date of receipt of your cancellation of the order you must return the goods to us in accordance with paragraph 6 below and we will credit your credit or debit card with the price of the goods within 30 days beginning with the day on which notice of cancellation was given.
We may allow returns on non dyed/bleached items but subject to a re stocking fee.
• Please contact Customer Services via the email firstname.lastname@example.org and inform them that you wish to return the item(s) quoting your order number. FrouFrouFeathers will then reply giving you a unique return number.
• In the event of damaged goods we shall arrange for a carrier to collect the items from you and return them to us.
• Photographs may be asked for as form of identifying any issues with the order.
• In all other circumstances you shall be responsible for return postage/courier charges.
• FrouFrouFeathers cannot be held responsible for non-delivery of returned goods so we recommend you get a certificate of posting from the Post Office or Courier.
Any returns that include dyed feathers will be subject to a re stocking fee up to 25% This is for damaged items only.
• If you need to return goods for replacement no handling charge is made however FrouFrouFeathers are not responsible for resulting carriage costs.
All our ostrich fans and ostrich feathers for wholesale are non returnable unless the product is damaged.
All items 'on hire' must be returned within 3 weeks of delivery date to avoid any extra charges. FrouFrouFeathers cannot be held responsible for non-delivery of returned goods, so please return all 'on hire' items via a recorded delivery service.
• Our preferred payment method is PayPal. Bank transfer, including International Bank Transfer is also available on request. When processing an order on the web site all personal details are held on secure server. Goods will not be dispatched until paid for in full. Cheques must be made payable to FrouFrouFeathers Ltd.
• Our liability to you in connection with any order will not exceed the total price charged for the goods.
9. Intellectual Property
• The content of this Site is protected by copyright, trademarks and other intellectual property rights. You may retrieve and display the content of this Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on this Site without written permission from FrouFrouFeathers.
• No licence is granted to you in these Terms to use any trade mark of FrouFrouFeathers.
10. Availability of this Site
• Although FrouFrouFeathers aims to offer you the best service possible, FrouFrouFeathers makes no promise that the services at this Site will meet your requirements. FrouFrouFeathers cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to the Customer Services (see below for contact details) or by email at email@example.com and we will attempt to correct the fault as soon as we reasonably can. If you have any suggestions as to how we may improve the site, please contact Customer Services who will be pleased to hear from you.
• Your access to this Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
11. Our liability
• 11.1 This Site is provided by FrouFrouFeathers without any warranties or guarantees. You must bear the risks associated with the use of the Internet. In particular, we disclaim all liabilities in connection with the following:
• 11.1.1 incompatibility of this Site with any of your equipment, software or telecommunications links
• 11.1.2 technical problems including errors or interruptions of this Site
• 11.1.3 unsuitability, unreliability or inaccuracy of this Site
• 11.1.4 inadequacy of this Site to meet your requirements
• 11.2 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
• 11.3 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
• If you notify a problem to us under this condition, our only obligation will be, at your option:
• 11.3.1 to make good any shortage or non-delivery;
• 11.3.2 to replace or repair any goods that are damaged or defective; or
• 11.3.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
• 11.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) however arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 11.3.3 above.
• 11.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
• 11.6 Nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
• To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to this Site.
• Nothing in these Terms shall exclude our liability for personal injury or death caused by our negligence or shall affect or exclude your statutory rights where it would be unlawful to do so.
12. Third Party Websites • This Site includes links to other web sites or material which are beyond its control. FrouFrouFeathers is not responsible for content on the Internet or World Wide Web pages, or any other site outside of this Site.
• These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.
• If any of these Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
14. International Use
• FrouFrouFeathers makes no promise that materials on this Site are appropriate or available for use in locations outside the United Kingdom, and accessing this Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
• You may not assign, sub-licence or otherwise transfer any of your rights under these Terms.
• If you breach these Terms and FrouFrouFeathers ignores this, FrouFrouFeathers will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms.
• FrouFrouFeathers shall not be responsible for any breach of these Terms caused by circumstances beyond its reasonable control.
• A person who is not a party to these Terms shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms but this shall not affect any right or remedy of a third party which exists or is available apart from that Act. 17. Customer Services
• If you have an order query, please contact Customer Services using firstname.lastname@example.org
• This Site is owned and operated by FrouFrouFeathers.com