You should print a copy of these terms and conditions for future reference.
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Details given on this website are as accurate as possible at time of compilation, but we and our suppliers
reserve the right to improve designs, specifications and components without prior notice. Garment dimensions are approximate. All items
are subject to availability. Illustrations are not binding. Colour reproduction of products is as close the graphic
design process allows. No part of this site may be produced or transmitted in any form or by any means without written
permission of the copyright holder.
1. INFORMATION ABOUT US
1.1 www.shopfoundation.com is a site operated by Foundation Retail (Cheltenham) Ltd, t/a Foundation ('we'). We are registered in England and Wales under company number 08321197 and with our registered office at 22 Montpellier Walk, Cheltenham GL50 1SD, UK. Our main trading address is the same.
2. YOUR STATUS
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 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 or that we are guaranteeing supply. 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 the Product has been dispatched (the Dispatch Confirmation). On placing your order payment may be automatically taken from you, however, this will not be processed until the Contract is formed. The contract is formed by the sending (and not the receipt) of the despatch confirmation and these terms will not be affected by any typographical error on the part of the customer or the failure to provide a valid e-mail address. If your order is not accepted we will cancel your order and refund any payment via the original payment method, or by cheque at our discretion.
3.2 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.
3.3 The language for the conclusion of the Contract is British English.
4. OUR STATUS
4.1 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 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.
5. CONSUMER RIGHTS
5.1 If you are contracting as a consumer, 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.
5.2 To cancel a Contract, you must inform us in writing (including email). You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. 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.
5.3 This provision does not affect your rights in law and we
advise that you seek the advice of a solicitor or the Citizen’s Advice
Bureau if you are unsure of what your rights are.
6. AVAILABILITY AND DELIVERY
6.1 All items are subject to stock availability.
6.2 The majority of orders are despatched within five working days. However, if an item is required by a specific date please contact our Customer Services Team for assistance. Our website shows current product availability and provides additional options and information regarding delivery timescales.
6.3 We will verify your payment information with your card issuer before your order is despatched. Failure to provide correct billing information or correct card security information will delay your order. Please ensure the billing address provided is the address registered with your card issuer. The card security code from the back of your card is required with all orders; this is the group of three digits printed on the reverse of your card (group of four numbers on the front of American Express cards). All orders to subject to satisfactory security checking.
6.4 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.
6.5 Claims of damage of pilferage must be notified in writing
both to the carriers and the Company within 10 days of delivery and the carrier’s
delivery sheet should be noted with the damage of pilferage found. Claims cannot
be accepted outside these time limits. Packaging must be retained for investigation.
6.6 Claims for incomplete delivery must be made within 10 days
of receipt. The carrier’s delivery sheet should be noted with disputed
missing items. Claims cannot be accepted outside these time limits.
6.7 Claims for non-delivery must be made within 14 days of receipt of dispatch confirmation.
6.8 Someone must be available to receive delivery of the parcel or you must nominate a safe place where it may be left. If no safe place is nominated and no-one is available parcels may be returned to a delivery depot or post office or may be delivered to a neighbour. Delivery may not be reattempted. Customers may be held liable for any costs of returning failed or refused delivery items to us. If you nominate a safe place then, once the item is left in such safe place, you are accepting it at your own risk and we will not be held responsible for any theft of or damage to the parcel whilst in the nominated safe place.
7. RISK AND TITLE
7.1 The Products will be at your risk from the time of delivery.
7.2 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.
8. PRICE AND PAYMENT
8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Shipping & Returns Guide.
8.3 Prices 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.
8.4 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.
8.5 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 a mis-pricing.
8.6 Payment for all Products must be by credit or debit card. We accept payment with Visa, MasterCard, Solo, Maestro.
8.7 All orders are bills in Pounds Sterling.
8.8 All prices quoted on our site exclude shipping costs, and any Customs Tax or Import Duties over which we have no control and do not accept liability.
8.9 Deliveries made within the EU will be charged Value Added Tax (VAT) at the prevailing rate as applicable.
9. OUR REFUNDS AND RETURNS POLICY
9.1 We are committed to supplying products that exceed your
expectations; every item we sell is backed with a 21-day satisfaction guarantee
(sale items must be returned within 7 days). If for any reason you are not
completely satisfied with your purchase, please return the complete product
undamaged in an unused “as sold” condition within 21 days of the
delivery date (sale items must be returned within 7 days) and we will refund
your full purchase price. All goods must be accompanied by a proof of purchase,
e.g. your packing slip, as well as your Returns Authorisation Number (RAN).
When trying on goods that may be returned please take care; once goods are
soiled they cannot be considered for exchange or credit. We reget that, for
hygiene reasons, we are unable to accept returns on swimwear, underwear or
socks, unless faulty. When returning any item to us please quote your original
order number in the return. Please note that you will be responsible for the
shipping cost of returning any item to us, unfortunately we are also unable
to refund your original shipping cost. We will keep you informed of the progress
of your return. This clause does not affect your rights under clause 5.1 to
cancel a Contract.
Customers placing orders between 30th November and 20th December have until the following 10th January to return their goods for exchange or refund. All other orders are subject to our standard returns policy.
9.2 When you return a Product to us:
9.2.1 In accordance with clause 5.1, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your intention to return the Products or the date we receive them whichever is the sooner. In this case, we will refund the price of the Product in full which shall, include the cost of sending the item to you. However, you will, in every case, be responsible for the cost of returning the item to us.
9.2.2 In accordance with Clause 9.1 we will process the refund
due to you as soon as possible and, in any case, within 30 days of the day
you have given notice of your intention to return the Products or the date
we receive them whichever is the sooner. In this case, we will (provided that
the Products are in an “as sold” condition ) refund the price of
the Product in full which shall include the cost of sending the item to you.
However, you will, in every case, be responsible for the cost of returning
the item to us.
9.2.3 For any other reason (for instance, because you have notified us in accordance with clause 19 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
9.3 Products returned from outside the EU must be marked ‘Returned Goods’ and a duly completed customs declaration form (usually available from Post Offices) which contains the words ‘British Returned Goods’ in
the contents description must be affixed, stating that the products are being
returned as they are either faulty, unwanted or for repair. If the correct
documentation is not completed the Customer will be liable for any Customs
or Import duties charged. We will not accept any parcel which has a costs charge
9.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9.5 Appropriate delivery charges will be levied for the delivery of exchanged items. These will be charged against the original method of payment, unless an alternative method of payment is specifically requested / supplied by the customer.
9.6 Items which are sent for exchange will be exchange at the original purchase price. If the retail price of an item has changed since the date of the original order the item will be exchanged at the original price. If you wish to purchase an item at a new retail price please return your original order for a refund and place a new order for the item at the new price.
9.7 We will refund customers reasonable postage costs for returning
faulty items only up to the original cost of delivery or in the event of free
delivery we will refund a maximum of £4.95.
10. OUR LIABILITY
10.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
10.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
10.3 This does not include or limit in any way our liability:
For death or personal injury caused by our negligence;
Under section 2(3) of the Consumer Protection Act 1987;
For fraud or fraudulent misrepresentation; or
For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
11. IMPORT DUTY
11.1 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.
11.2 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.
12. 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. It is imperative that you correctly state your email address in your order. 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.
All notices given by you to us must be given to Foundation Retail (Cheltenham) Ltd t/a Foundation, at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 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.
14.3 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.
15. EVENTS OUTSIDE OUR CONTROL
15.1 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).
15.2 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:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
15.3 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.
16.1 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 shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 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.
18. ENTIRE AGREEMENT
18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
18.3 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
19.2 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 Despatch 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).
20. LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.