TERMS & CONDITIONS
1. DEFINITIONS
In these terms and conditions the following words shall have the meanings given in this section:
"Contract" means the set of web pages completed by the customer, which provide details of goods required, customer delivery address, payment card details, etc, and which incorporate the terms and conditions set out herein, and is concluded by us despatching the goods to you.
"Goods" means any goods and/or material supplied by us to you and available for sale on this website.
"Us" or "We" means Foreign Strand, Enterprise House, 5 Roundwood Lane, Harpenden, Hertfordshire, AL5 3BW, United Kingdom.
"Rights" means all copyright, design rights (whether registered or unregistered), patents, rights in trade marks (whether registered or unregistered), database rights or other intellectual property rights in this website and the goods, for the full term of those rights, worldwide.
"You" means the person, firm or company placing the order in the terms set out herein.
2. PLACING AN ORDER
If you have not used Foreign Strand's online shop before, please register using the "new account" link, or login using the "customer login" link. Please note that the postal address you register must be the same address as that of the payment card you intend to use.
On the product page, enter the quantity required of each item and click the "Add" button. The items will be stored in the online shopping cart. You may wish at this stage to continue to shop or to proceed to the checkout.
3. PRODUCT DESCRIPTIONS
All the information on the Foreign Strand online shop website is accurate to the best of our knowledge. However, we cannot guarantee that all product descriptions are current and error free. We will correct errors as soon as they are brought to our attention.
Because of differences in the way computer screens display colours, the colour that you see may not match the actual colour of the yarn. If a product you have ordered is not as described, you may cancel your order and return the Goods to us in an unused re-saleable condition for a refund.
4. VIEWING YOUR ORDER & CHECKING OUT
The contents of your cart are summarised at the top right-hand side of the page.
To see the contents of your cart in detail, click on the "view cart" link.
On the "View cart contents" page, you have the option of amending quantities or deleting items altogether (by changing the quantity to zero).
When you are happy that the cart contains the items you wish to purchase, click the "checkout" link and follow the instructions on your screen.
You will receive an email confirming your order and payment details.
If you do not proceed to the checkout within a set time (determined by us), you may lose the contents of your cart. This is to allow other shoppers to buy products that you may have put into your own cart but do not eventually buy.
5. DELIVERY SERVICE
We will send orders either by Royal Mail First Class, or by Royal Mail Special Delivery Next Day (this service guarantees customers will get their order the following day by 1:00pm). You select the desired delivery method on the 'view cart' page on our web site.
We will deliver the goods ordered by you to the address you give us for delivery at the time you make the order on the WorldPay payment page.
We reserve the right to withhold delivery to any particular place or location at our sole discretion.
The risk in delivery of the goods passes to you on the commencement of supply or transportation to you or, where you will not accept supply on the date of delivery, to temporary storage arranged by us or the postal / courier service making the delivery.
6. PAYMENTS & PRICES
We accept Visa, Delta, Visa Electron, Switch, JCB, Solo and Mastercard. Payments are processed through WorldPay.
Your order is accepted once payment is received. You will receive confirmation of your order by email.
Prices include VAT at the standard rate of 17.5%.
Foreign Strand reserves the right to modify prices if necessary.
7. OUT OF STOCK PRODUCTS
We endeavour to ensure that temporarily out-of-stock items are indicated as such, or not shown on the site. However, due to the nature of on-line retailing, we cannot absolutely guarantee that items purchased are in stock.
In the event that the goods you have ordered are not in stock, Foreign Strand will immediately contact you either by email or phone. If you decide to wait for your order you will be kept informed on delivery time and any relevant information.
8. 'ORDER ONLY' PRODUCTS
Some of our products are imported from the Americas on an order-only basis and can take up to 28 days to be delivered. You will be kept up to date on expected delivery time. Please note that for these goods your card will be charged at the moment that the order is placed.
9. CANCELLING YOUR ORDER
You have the right to cancel your order any time up to delivery and up to seven days after delivery. Please include a note stating your reason for returning the goods.
For a full refund, please return the goods to Foreign Strand, Enterprise House, 5 Roundwood Lane, Harpenden, Hertfordshire AL5 3BW, within seven days. Goods must be returned unopened and in a re-saleable condition.
You will be responsible for the original shipping costs, and the cost of returning the goods. We cannot be liable for returned goods which are lost or damaged in transit, so please ensure you use a recorded delivery service and insure the items for their value.
You will receive a cheque from us or a credit will appear on your credit or debit card within thirty days of our receipt of the goods.
10. DAMAGED GOODS
Goods will be replaced if damaged during delivery but only if you notify us within seven days of receiving the goods. Goods that are not returned within seven days will not be liable for a replacement.
Please include a description of the damage along with your details. You will be sent a replacement at no cost to you.
11. RETURNING GOODS TO US
Goods should be returned to us at Foreign Strand, Enterprise House, 5 Roundwood Lane, Harpenden, Hertfordshire AL5 3BW
Please include your invoice number so we can allocate your order details. All goods should be sent by recorded delivery, and must be insured for the full value of the contents. Foreign Strand cannot be responsible for lost or uninsured packages.
12. CANCELLATION BY US
We reserve the right to cancel the contract between us if:
(a) we have insufficient stock to deliver the goods you have ordered
(b) we do not deliver to your area
(c) one or more goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If we do cancel the contract we will notify you by email and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 7 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
12. CONTACTING US
You can contact us any time by
(a) email at sales@foreignstrand.com
(b) phone 0845 094 0488
(c) writing to Foreign Strand, Enterprise House, 5 Roundwood Lane, Harpenden, Hertfordshire AL5 3BW
13. PRIVACY POLICY
We do not disclose customer information to any third parties. Registered customers will be emailed by Foreign Strand from time to time, with news unless they opt out of this service by e-mailing us their instructions.
14. CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS 2000
Under the Consumer Protection (Distance Selling) Regulations 2000, contracts for purchase of goods by a Customer not acting in the course of business and made over the telephone or through the Foreign Strand online store, are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 ("the Regulations").
15. DISCLAIMER
Our liability to you in contract law or in tort or otherwise howsoever arising in relation to these terms and conditions is limited to our charges for the goods. We will not be liable to you for any loss or destruction of the goods, temporary or otherwise, which occurs following use or application of the goods except and to the extent that it is caused by the wilful default of one of our employees. Although we will endeavour to ensure that the goods are safe to use, we will not, except insofar as it cannot exclude its liability for death or personal injury caused by its negligence, be liable for any damage (physical or otherwise), loss or expense caused either directly or indirectly by use.
We will not liable for any breach of these terms and conditions caused by matters beyond our reasonable control including acts of God, fire, lightning, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), weather of exceptional severity or acts of local or central government or other authorities.
We reserve the right not to sell to any prospective customer at our sole discretion.
16. SUB-CONTRACTING AND ASSIGNMENT
We may sub-contract any or all of its rights or obligations hereunder and may assign the benefit and burden of its rights and obligations hereunder to any other entity.
17. ENTIRE AGREEMENT
These terms and conditions constitute the entire agreement between the parties on the subject matter contained herein and supersede all representations, communications and prior agreements between the parties in that regard. Each party acknowledges that upon entering into this Contract it does not rely and has not relied on any representation (whether negligent or innocent), statement or warranty made or agreed to by any person (whether a party to this Contract or not) except those expressly referred to in this Contract. The only remedy available in respect of any misrepresentation or untrue statement made to either party shall be a claim for damages for breach of contract under this Contract. This clause shall not apply to any statement, representation or warranty made fraudulently, or to any provision of this Contract which was induced by fraud for which the remedies available shall be those available under the law governing this Contract.
18. SERVICE OF NOTICES
Any written notice required by this Contract should be sent to the address of the intended recipient shown above. Notices can be sent by hand or by post.
19. GOVERNING LAW AND JURISDICTION
This Contract and any relevant interaction between the parties shall be governed by and construed in accordance with the laws of England and Wales and both parties agree to submit to the non-exclusive jurisdiction of the courts of England and Wales in relation to any claim, dispute or difference which may arise hereunder or in relation to any relevant interaction between the parties prior to this Contract. |
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