Terms & Conditions

Terms & Conditions

Terms of sale

Introduction

These are the terms and conditions of sale which govern the offer and sale of products on our Site (“www.arranfrances.com”). The Site is operated by Arran Frances Limited (we, us and our). We are a limited company, registered in England. Our registered company number is 08958794, and our VAT registration number is 193177302.

Your purchase of any of the products offered on this Site (Products) is subject to these terms and conditions. Please read these terms and conditions carefully before ordering any products. These terms and conditions should be read alongside, and are in addition to, our Privacy Policy and Cookies Policy which tell you how we use your personal information. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions.

We reserve the right to change these terms and conditions from time to time by changing them on the Site, although no such change will affect any order you have already placed with us. These terms and conditions were last updated on 19 May 2016.

If you need any assistance, go to the Customer Care area, where you will find information on orders, shipping, refunds and returning products purchased on www.arranfrances.com.

Ordering & Availability

Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Proceed To PayPal” button on the checkout page.

We will confirm receipt of your order through our automatic screen confirmation of the order and you will receive an email from us acknowledging that we have received your order and giving you an order reference number. Please note that at this stage your order for Products may not have been accepted by us. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. We reserve the right to refuse orders of more than four units of stock. You do, however, acknowledge that by clicking on the “Buy Now” button, you enter into an obligation to pay for the Product(s) in the event that your order is accepted by us. We will confirm our acceptance of your order for Products by sending you an email confirming that the Products have been dispatched (“Dispatch Confirmation”). The contract between you and us in relation to the Products ordered (Contract) will only be formed when we send you the Dispatch Confirmation. After entering into the Contract, we will be under a legal duty to supply you with Products that are in conformity with the Contract.

The Contact will only relate to those Products which have been confirmed in the Dispatch Confirmation and we will not be obliged to supply any other Products which you have ordered until we have sent you a separate Dispatch Confirmation in respect of such Products.

Delivery

We will fulfil your order by the date and time set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days after the date of the Dispatch Confirmation, unless there are exceptional circumstances.

Your order will be delivered to the delivery address you specify when placing your order. It is important that the address supplied by you to us is accurate. If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your order. We reserve the right not to deliver to any country that is prohibited by applicable export laws. Orders cannot be delivered to PO Boxes, hotels or similar addresses. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for. Products comprised within the same order cannot be delivered to different addresses.

Products supplied are not for resale.

If we are unable to deliver the Products to you then we will be entitled to cancel the Contract and, if payment has already been taken, refund the cost of the Products to you.

Delivery outside the UK

If you order Products for delivery outside the United Kingdom, they may be opened and inspected by customs authorities and may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. It is your responsibility to pay any such duties and taxes. Any such duties and taxes may vary in different territories. We are unable to advise you in relation to any import duties and taxes and we recommend you contact the local customs office at the delivery destination in this respect before placing your order.

Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

Risk & Ownership

Products ordered will be at your risk from the time of delivery. Ownership of the Products ordered will also pass to you on delivery, provided full payment of all sums due in respect of the Products, including any delivery charges, has been received.

Products supplied are not for resale.

Price & Payment

The price of the Products and our delivery charges (where applicable) will be as set out on the Site from time to time, except in the case of obvious error.

Prices include VAT but exclude delivery costs, which will be automatically added (at the cost shown) to the total amount due when you view the items in your shopping basket and click on ‘Calculate Shipping’.

We reserve the right to amend our prices and delivery charges at any time, but such changes will not affect any order for which we have already sent you a Dispatch Confirmation.

The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures and if the price of the Products:

(a) is lower than the price stated on the Website, we will charge this lower amount to you when dispatching the Products to you; or
(b) is higher than the price stated on the Website, we will at our discretion either contact you for instructions prior to dispatching the Products or reject your order and notify you of such rejection by email.
We are under no obligation to provide Products to you at an incorrect lower price, even once we have sent a Dispatch Confirmation to you, if the pricing error is obvious and unmistakeable and could have been recognised by you as an error.
Payment for all orders must be made through the PayPal payment gateway. They accept payment by most major credit and debit cards, as well as through PayPal accounts. We will usually attempt to take payment once the order has been placed.

You confirm to us that you are authorised to use the payment method that you provide to us when placing your order. You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

Cancellation

If you are based in the EU under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (ICACRs), you have the right to cancel your order with us provided you give us written notice.

You may cancel a Contract at any time before your order is delivered and up to 14 days afterwards, beginning on the day after your order (in its entirety) is delivered to you. This cancellation right does not apply to any Products which are made-to-measure, custom-made or personalised for you (if we offer such options), unless such Products were damaged or faulty when delivered to you or have been incorrectly delivered.

If you cancel, you will receive a full refund of the price paid for the Products, including the cost of standard delivery, in accordance with our refunds policy (see below).

To cancel a Contract, you must contact our Customer Care team in writing by email  to: customercare@arranfrances.com, or by letter to: Contract Cancellation, Arran Frances, East Side, Kings Cross Station, N1C 4AX, giving us your name, address and order reference number. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.

You must return the Products to us within 14 days after you have sent us your cancellation notice, in the same condition in which you receive them (which does not interfere with your right to take any reasonable steps to examine the Products and make sure they conform to your order). You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration, up to the price of the Product, from the refund to which you are otherwise entitled.

We recommend that you use a secure and trackable means of returning the Products to us and you insure your return to cover the value of the contents, as you will be liable for any damage to or loss of the Products until we receive them. Please save your proof of posting/despatch and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the Products to us. You cannot cancel the Contract or return the Products where the Products have been tampered with or used unless the Products are faulty. If you do not return the Products to us, we are entitled to collect the Products from you and to charge you for such collection.

A summary of this legal right to cancel and an explanation of how to exercise it are also provided in the Dispatch Confirmation. Nothing in this section affects your legal rights.

As an alternative to using your rights under the ICACRs, you may prefer to return items using our standard returns policy, details of which are found below.

Returns Policy

If, once you have received the Products, you decide you would like to return them to us, you may do so at any time until 14 days after you have received the Products. You can return the Products by following the instructions set out in our Returns area or by otherwise contacting our Customer Care team.

All returns must be in perfect condition, and come with their original packaging. We are unable to accept returns on items that are scratched, damaged or that are not returned in their undamaged original packaging with all tags still attached. Unfortunately, in these situations, the items will be returned to you, and at your own cost.

You will have received a returns form with your order – we need you to provide any and all relevant information, including your RMA number, and signature to accept our returns policy. This information will help us process your return as quickly as possible. Comments can also help us to improve the future quality of our products.

We recommend that you use a secure and trackable means of returning the Products to us and you insure your return to cover the value of the contents, as you will be liable for any damage to or loss of the Products until we receive them. Please save your proof of posting/despatch and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the Products to us.

A summary of your legal right to cancel and an explanation of how to exercise it are also provided in the Dispatch Confirmation. Nothing in this section affects your legal rights.

Refunds Policy

Where you have cancelled your Contract or returned Products to us in accordance with these terms and conditions, we will process the refund due to you as soon as possible and, in any case, within 14 days after the day on which we receive the Products back. Once your return has been accepted you will receive a return confirmation email.

We will refund the price of the Products in full (subject to any deduction we are entitled to make due to your use of or damage to the Products), including the cost of standard delivery. However, we will not refund your cost of returning the Products to us. We will only refund your cost of returning the Products to us in cases where the Products are being returned to us because they are damaged, faulty or not as described. In this case we will refund any reasonable costs you incur in returning the item to us, together with the price of defective Products in full and any applicable delivery charges.

We will refund any money received from you using the same method originally used by you to pay for your purchase, unless agreed otherwise.

If your order was delivered to a country within the EU then you will be refunded all sales taxes that were included in your outbound order. If your order was delivered to a country outside of the EU and you incurred local customs duties you will need to contact your local customs authority directly to claim these duty charges back.

Faulty Products

If any Product you order is damaged, faulty when delivered to you or not as described, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged, faulty or not as described, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference.

Please contact our Customer Care team to arrange the return or repair of any Products that are damaged, faulty or not as described.

If you have returned Products to us because they are damaged, faulty or not as described, we will refund any reasonable costs you incur in returning the item to us, together with the price of defective Products in full and any applicable delivery charges, as set out in our refunds policy (see above). Nothing in this section affects your legal rights.

Product Information

Whilst we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.

Any information on the Site regarding sizing of products is included as a guide only. If you are in any doubt as to the size of any product you require, we recommend that you contact our Customer Care team prior to placing an order.

Online Dispute Resolution

When consumers inside the EU have a problem with a trader regarding a product or service they bought, they can settle their dispute out-of-court through the European Commission’s Online Dispute Resolution (“ODR”) procedure.
Should you have a problem with Arran Frances products or services, you may access the ODR platform here.

Our Liability

Nothing in these terms and conditions shall limit or exclude our liability to you:

  • for death or personal injury caused by our negligence;
  • for fraudulent misrepresentation;
  • for breach of any statutorily-implied term as to ownership of the Products;
  • under Part I of the Consumer Protection Act 1987; or for any other liability that may not, under English law, be limited or excluded.

Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Products and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.

General

You may not transfer or assign any or all of your rights or obligations under any Contract. All notices given by you to us must be given in writing to the address set out at the end of these terms and conditions. We may give notice to you at either the email or postal address you provide to us when placing an order.
If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected.

These terms and conditions may not be varied except with our express written consent. These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.

These terms and conditions shall be governed by English law, and you agree that any dispute between you and us regarding them or any Contract will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there.

Terms of use

Introduction

These are the terms and conditions of sale which govern the offer and sale of products on our Site (“www.arranfrances.com”). The Site is operated by Arran Frances Limited (we, us and our). We are a limited company, registered in England. Our registered company number is 08958794, and our VAT registration number is 193177302.

Your use of the Site will be subject to these terms and conditions and by using the Site you agree to be bound by them. These term and conditions should be read alongside, and are in addition to, our Privacy Policy and Cookie Policy which tell you how we use your personal information. Any products you order from the Site are supplied subject to our Website Terms of Sale.

We reserve the right to change these terms and conditions from time to time by changing them on the Site. These terms and conditions were last updated on 19 May 2016.

Access to the site

It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.

We may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have registered with us. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a user prove to be false.

We cannot guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.

What you are allowed to do

You may only use the Site for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link.

What you are not allowed to do

Except to the extent expressly set out in these terms and conditions, you are not allowed to:

  • ‘scrape’ content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site;
  • remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or
  • create links to the Site from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.

You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.

Intellectual Property Rights

All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

Content

We may change the format and content of the Site from time to time. You agree that your use of the Site is on an ‘as is’ and ‘as available’ basis and at your sole risk.

Whilst we try to make sure that all information contained on the Site (other than any user- generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.

We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

Your Personal Information

Use of your personal information submitted to or via the Site is governed by our Privacy Policy and Cookie Policy.

User Content

The Site may, from time to time, allow you to upload user-generated content and may also allow you to communicate that content, either to selected recipients or in public areas, such as comments pages or message boards, (collectively User Content Areas). We do not control the material submitted to User Content Areas (collectively User Submissions), nor are User Content Areas actively moderated. You are solely responsible for the content of your User Submissions as submitted by you and acknowledge that all User Submissions express the views of their respective authors, and not our views.

If you participate in any User Content Areas, you must:

  • keep all User Submissions relevant to the purpose of the User Content Area and the nature of any topic;
  • not submit any User Submission that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party;
  • not submit any User Submission that contains any viruses and/or other code that has contaminating or destructive elements;
  • not submit any User Submission containing any form of advertising; and
  • not impersonate, or misrepresent an affiliation with, any person or entity.

You agree that, by submitting any User Submission, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submission (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such User Submission.

Whilst we do not pre-screen User Submissions, we reserve the right, in our sole discretion, to delete, edit or modify any User Submission submitted by you and/or to close any topic, at any time without notice to you.

Complaints about the content of any User Submission must be sent to customercare@arranfrances.com and must contain details of the specific User Submission giving rise to the complaint.

Newsletter

We may occasionally send a newsletter to you using your email address. You will be given the option to opt out of receiving these newsletters.

General

Nothing in these terms and conditions shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded. Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.

These terms and conditions shall be governed by English law, and you agree that any dispute between you and us regarding them or the Site will only be dealt with by the English courts, provided that, if you are a consumer and not a business user and live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.

Contact

Please submit any questions you have about these terms and conditions or an order you have placed or ordering in general by email to customercare@arranfrances.com or write to us at:

Arran Frances Ltd
East Side
Kings Cross Station
London
N1C 4AX