Conditions of Sale
- What these terms cover. These are the terms and conditions on which we supply products to you.
- Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
Information about us and how to contact us
- Who we are. We are Forefront Merchandise (International) LTD a company registered in England and Wales. Our company registration number is 11584094 and our registered office is at Apartment 6 Avening Mill Mill Lane Avening TetBury Gloucestershire GL8 8PD.
- How to contact us. You can contact us by telephoning our customer service team at 1-866-925-2787 or by writing to us at firstname.lastname@example.org or mail us at Apartment 6 Avening Mill Mill Lane Avening TetBury Gloucestershire GL8 8PD.
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
Our contract with you
- How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this by email and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
- Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
Where we do not sell/ship. We do not ship to Brazil, Israel, India, Cyprus, Belize, Lithuania, Bosnia and Herzegovina, Qatar, Slovenia, Bahrain or Cayman Islands.
- Customs. When ordering products from us for delivery in some countries you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, please contact your local customers office or authority tor further information. You may be considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us therefore we would like you to be aware that custom authorities may open and inspect your package.
Our Subscribe and Save
- How does it work. Your membership with us will continue until terminated. When you Subscribe and Save, you get up to 90% discount on products listed on our website and access to some exclusive products which are available to buy to the Subscribe and Save members only
- Fee and payment. You pay a monthly membership fee for the Subscribe & Save which will be communicated to you when you sign up and may be subject to change by notice. You will be charged for a monthly membership fee in advance, which will continue to be payable every 30 days unless you cancel in accordance with clause 4.4. You must provide one of our acceptable payment methods when you sign up to Subscribe & Save. Unless you cancel your membership before your billing date, you authorize us to charge the membership fee for the next billing cycle to your payment method. If you fail to pay the membership fee when due then we may cancel your membership in accordance with clause 10.1 .
- Changes to the fee. We may change the membership fees for the Subscribe & Save and if we do so, we will give you not less than 30 days notice. You have the right to cancel your membership before such change of fees come into effect.
- Cancellation. You can cancel your membership at any time, and you will continue to have access to our service through the end of your billing period. Payments are non-refundable and we do not provide refunds or credits for any partial - month membership periods. To cancel you can call our customer service department 1-866-925-2787 or contact us via email at email@example.com.
- Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because some of our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 2% tolerance.
- Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
- Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us.
Our rights to make changes
- Minor changes to the products. We may change the product:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements, for example to address a security threat.
- More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make any changes to the product that may affect its intended use we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
Providing the products
- Delivery costs. The costs of delivery will be as displayed to you on our website.
- When we will provide the products. During the order process we will let you know when we will provide the products to you which will be within 30 days after the day on which we accept your order.
- We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our courier will contact you to make the required arrangements. They may leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
- If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause will apply.
- Your legal rights if we deliver products late. You have legal rights if we deliver any product late. If we miss the delivery deadline for any product then you may treat the contract as at an end straight away if any of the following apply:
- we have refused to deliver the product;
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- you told us before we accepted your order that delivery within the delivery deadline was essential.
- Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.6 or clause 7.7, you can cancel your order for any of the products. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. Please call customer services on 1-866-925-2787 or contact us via email at firstname.lastname@example.org to discuss the arrangements with us if the delivery of your product has been delayed.
- When you become responsible for the products. Products will be your responsibility from the time we deliver the products to the address you gave us.
- When you own products. You own the product once we have received payment in full.
- What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, delivery address and a mode of payment. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements;
- make changes to the product as notified by us to you (see clause 6).
Your rights to end the contract
- You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
- If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products;
- In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
- Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- you have a legal right to end the contract because of something we have done wrong.
- Exercising your right to change your mind. For most products bought online you have a legal right to change your mind within 14 days and receive a refund. You may have to pay the cost of return if you have received the product.
- When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
- the supply of product made to your specifications or clearly personalised;
- the supply of product which may deteriorate or expire rapidly;
- any products which become mixed inseparably with other items after their delivery.
- How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. You have 14 days after the day you (or someone you nominate) receives the products, unless your products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products.
- Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for a product is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
How to end the contract with us (including if you have changed your mind)
Tell us you want to end the contract. To end the contract with us, please let us know by calling our customer service department 1-866-925-2787 or contact us via email at email@example.com. Please provide your name, delivery address, details of the order and your phone number and email address, provided by you at the time of placing the order.
Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you may have to return them to us. Please call customer services on 1-866-925-2787 or email us at firstname.lastname@example.org to discuss the arrangements.
- When we will pay the costs of return. If we require you to return the product, we will pay the costs of return:
- if the products are faulty or misdescribed;
- if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
- How we will refund you. We will refund you the price you paid for the products but may not refund delivery costs of your initial purchase (if any), by the method you used for payment. However, we may make deductions from the price, as described below.
- Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- We may deduct the cost of delivery .
- When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from 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 9.2.
Our rights to end the contract
- We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 10 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, address for delivery;
- you do not, within a reasonable time, allow us to deliver the products to you.
If there is a problem with the product
- How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 1-866-925-2787 or write to us at email@example.com. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
- Your obligation to return rejected products. If you wish to exercise your legal rights to reject products we may require you to return the products back to us. We will pay the costs of postage. Please call customer services on 1-866-925-2787 or email us at firstname.lastname@example.org if you are returning a rejected product.
Price and payment
- Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
- We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
- When you must pay and how you must pay. We accept payment with one of the acceptable payment methods to us as listed on our website. you must pay for the products as you place your order.
- We can charge interest if you pay late. If you do not make any payment for your Subscribe & Save membership to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Our responsibility for loss or damage suffered by you
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We will not be held responsible for any delay or failure to comply with our obligations under these terms if the delay or failure arises from any cause which is beyond our reasonable control.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987
- We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use your personal information
Other important terms
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 15 days of us telling you about it and cancel your Subscribe & Save membership in accordance with clause 4.4.
- You may not transfer your rights to someone else. You may not transfer your rights or your obligations under these terms to another person.
- Children. Even though we may sell products for children, we do not sell them to children. Such items must only be purchased by adults. If you are under 18 please purchase the product under supervision of a parent or guardian.
- Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.