Terms and Conditions of SupplyThis page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the Products (initially t-shirts then other products) listed on our website www.fsdkh.com to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept the Terms & Conditions of Supply" at the check out if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. DEFINITIONS AND INTERPRETATION
"Account" means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or communications System on the Web Site;
"Carrier" means any third party responsible for transporting purchased Goods from our Premises to customers;
"Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
"Product" / "Products" means any products that FSDKH advertises and/or makes available for sale through this Web Site;
"FSDKH" means Sylvie Keshishian trading as FSDKH of FSDKH, PO Box 551, HARPENDEN, ENGLAND, AL5 9GG
"Service" means collectively any online facilities, tools, services or information that FSDKH makes available through the Web Site either now or in the future.
"Payment Information" means any details required for the purchase of Products from this Web Site. This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes;
"Purchase Information" means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
"Premises" means our place(s) of business located at FSDKH, PO Box 551, HARPENDEN, ENGLAND, AL5 9GG
"System" means any online communications infrastructure that FSDKH makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users" means any third party that accesses the Web Site and is not employed by FSDKH and acting in the course of their employment; and
"Web Site" means the website that you are currently using www.fsdkh.com and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. INFORMATION ABOUT US
2.1 FSDKH operates the website www.fsdkh.com. Our main trading address is. PO Box 551, HARPENDEN, ENGLAND, AL5 9GG Our VAT number is 112 7718 30.
3. YOUR STATUS
By placing an order through our Website, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old;
4. WEB SITE USE
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order . Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that we have accepted your order and when the Product will be dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
5.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
6. OUR STATUS
6.1 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
7. CONSUMER RIGHTS
7.1 If you are contracting as a consumer in the EU, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 11 below).
7.2 To cancel a Contract, you must inform us in writing. You must also return the Products to us as soon as reasonably practicable, and at your own cost but in any event no later than 30 days after the notice of cancellation. 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 of action against you for compensation.
7.3 Clause 7.1 and 7.2 will be subject to the following:
(a) The Products must be returned to us at your cost as soon as practicable but received by us no later than 30 days from the date of the notice of cancellation;
(b) The Products must be returned in a sellable condition, for example, T-shirts must have not been worn, washed or ironed; and
(c) Reasonable checks undertaken by us to assess the condition of the Products and we will confirm you its condition upon receipt in writing.
Other than as set out above, you will not have any right to cancel a Contract for the supply of any of the Products: Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation . This provision does not affect your other statutory rights as a consumer.
8. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
9. RISK AND TITLE
9.1 The Products will be at your risk from the time of delivery.
9.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
10. PRICE AND PAYMENT
10.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
10.2 Product prices include VAT.
10.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation. Product prices i.e. cotton prices going up means my t-shirt supplier may increase prices..
10.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
10.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
10.6 Payment for all Products must be by credit or debit card. We accept payment with MasterCard / Euro card, Visa / Delta / Electron, Discover, American Express, Switch / Maestro, Solo.
11. OUR REFUNDS POLICY
FSDKH aims to always provide high quality Products that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
11.1 If you receive Products which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us in writing within 10 days of receipt of the Products to arrange collection and return. FSDKH is not responsible for paying shipment costs. You will be given the option to have the Products replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Products. Refunds and replacements will be issued upon our receipt of the returned Products.
11.2 If any Products you have purchased have faults when they are delivered to you, you should contact FSDKH within 28 days to arrange collection and return. FSKDH is not responsible for paying shipment costs. Products must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Products, the price of the Products, as paid by you, will be refunded to you through the payment method used by you when purchasing the Products. Alternatively, we will send you a replacement Product of the same kind as originally ordered.
11.3 If Products are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to FSDKH within 10 days of receipt of the Products and arrange collection and return. FSDKH is not responsible for paying shipment costs. Upon receipt of the returned Products, the price of the Products, as paid by you, will be refunded to you through the payment method used by you when purchasing the Products. Alternatively, we will send you a replacement Product of the same kind as originally ordered.
11.4 If you wish to return Goods to FSDKH for any of the above reasons, please contact us using the details on our Contact Page to make the appropriate arrangements.
11.7 FSDKH reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
11.7.1 Any use or enjoyment that you may have already had out of the Products;
11.7.2 Any characteristics of the Products which may cause them to deteriorate or expire rapidly;
11.7.3 Any discounts that may have formed part of the purchase price of the Products to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law
22.7.2 The Products must be returned in a similar protective and high quality envelope to the one in which you receive your Product with the original receipt
We warrant to you that any Product purchased from us through our site will, on delivery conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
13. OUR LIABILITY
13.1 Subject to clause13.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
13.2 Subject to clause13.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
However, this clause 113.3.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 113.3.2.
13.3 Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
(d) defective products under the Consumer Protection Act 1987;
(e) any deliberate breaches of these terms and conditions that would entitle you to terminate the Contract; or
(f)(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
14. IMPORT DUTY
14.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
14.2 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.
15. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
17. TRANSFER OF RIGHTS AND OBLIGATIONS
17.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
17.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
17.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
18. EVENTS OUTSIDE OUR CONTROL
18.1 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 events outside our reasonable control (Force Majeure Event).
18.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
18.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event 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 Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
19.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
19.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
19.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
If any of these terms and Conditions or any provisions of a 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.
21. ENTIRE AGREEMENT
21.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
21.2 We each acknowledge that, in entering into a Contract, neither of us relies on[, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
21.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
21.4 Nothing in this clause limits or excludes any liability for fraud.
22. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
22.1 We have the right to revise and amend these terms and conditions from time to time.
22.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
23. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Updated on Wednesday 27th July 2011