Terms and Conditions
TERMS AND CONDITIONS OF SALE
IMPORTANT LEGAL NOTICE
This page (together with the documents referred to in it) contains the terms and conditions under which we sell any of the products (“Products”) listed on our website [www.shopfactandfiction.com] (“our site” or “Website”) to you. Please read these terms and conditions carefully before ordering any Products from our site.
In particular please note clauses 10 (Our liability) and 12 (Indemnity).
- FACT + FICTION
www.shopfactandfiction.com is a site operated by GymTote Ltd (“we” or “us”). We are registered in England and Wales under company number 8593921 and with our registered office at KRA Accountants Limited, Elsie Whiteley Centre, Hopwood Lane, Halifax, HX1 5ER.
Our email address is email@example.com
- SERVICE AVAILABILITY
We may be unable to supply Products from time to time to certain countries in which case we will advise you of this prior to the delivery of any Dispatch Confirmation. If subsequent to delivery of a Dispatch Confirmation we are unable to supply Products to you for any reason you will receive a full refund of the price paid for the Products in accordance with our Returns Policy.
- YOUR LEGAL CAPACITY
By placing an order through our site, you warrant that:
3.1. You are legally capable of entering into binding contracts;
3.2. You are at least 18 years old;
3.3 You are agreeing to pay for the Product you have ordered.
- FORMATION OF A CONTRACT BETWEEN YOU AND US.
4.1. 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 availability and 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”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation.
4.2. We will not process your order until payment has been received in full in accordance with the provisions of clause 7.
4.3. If you make a mistake with your order, you may be able to correct any mistakes made by email prior to your order being processed. If your order has already been processed you will be unable to amend your order. If your order has already been dispatched, please return the Products to us in accordance with our Returns Policy.
4.4. 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.
4.5. We are entitled to refuse any order made by you for any reason.
4.6. When making a request you undertake that all details you provide to us requesting goods or services are true and accurate, that you are an authorised user of the credit or debit card used to make your request and that there are sufficient funds to cover the cost of the goods and services. It is your responsibility to inform us of any changes to these details as soon as possible.
- CONSUMER RIGHTS
If you are contracting as a consumer, you may cancel the Contract at any time within 14 days, beginning on the day after you have paid for your Product. In this case, you will receive a full refund of the price paid for the products but will need to pay for the delivery cost, in accordance with our Returns Policy. You will not be refunded the delivery cost if you are returning an item to us, and this is at your own cost. Refunds are made within 14 days after the date on which we receive the goods back in saleable condition, and are by the same method as original payment. We may deduct the amount of any diminution in value if a product is returned damaged or used (unless it is faulty). Please keep all tags and labels attached to the Product.
- 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 14 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
- PRICE AND PAYMENT
7.1. The price payable for the products shall be as shown on the Website. Prices advertised on the Website include any applicable UK VAT but excludes delivery charges. Delivery charges are shown separately when ordering and must also be paid in advance.
7.2. Payment shall be made by you by the means specified on the Website and shall not be deemed to be made until we have received cleared funds in respect of the full amount stated in the order.
7.3. Prices are subject to change without notice but changes will not affect orders which we have already accepted.
7.4. Our site contains a 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.
7.5. 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 unmistakable and could have reasonably been recognised by you as a miss-pricing.
7.6. Payment for all Products must be by credit or debit card. We accept payment with VISA, VISA DEBIT, MASTERCARD and MAESTRO.
7.7 The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
7.8 You are responsible for payment of all delivery / shipping costs, including if you are returning an item for a non damaged refund.
7.9 We reserve the right to withdraw our offers and promotional discounts at any time.
- PROMOTIONAL OFFERS
To the extent any promotions are offered at any time by us, they are subject to any terms and conditions specified with any such promotion and/or specified on our site. Only one promotional offer can be used per order.
- OUR REFUNDS POLICY & ORDER CANCELLATION
For details on refunds, please refer to our Returns Policy.
Your right to cancel an order for goods starts the moment you place your order and ends 14 days from the day you receive your goods. This 14 day period is the time you have to decide whether to cancel, you then have a further 14 days to actually send the goods back.
Order cancellations must be made in writing to Customer Services at firstname.lastname@example.org please quote your order number. In this case, we will provide a full refund of the cost of the item, but you must return the cancelled items to us either using our returns service via Collect Plus in the UK, or at our own cost from International destinations. If we do not receive the cancelled items back, we may arrange to collect them from you at your cost.
Refunding the cost of delivery. We are obliged to refund the basic delivery cost of getting the goods to you in the first place, so if you opted for an enhanced service eg next day delivery, we will only refund the basic cost of a standard delivery service.
- OUR LIABILITY
10.1 If we do not deliver or if the Products we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, our only obligation will be, at our option to:
make good any shortage or non-delivery or incorrect delivery;
replace or repair any Products that are damaged or defective; or
refund to you the amount paid by you for the Products in question.
10.2 We shall have no liability to you for any consequential, special or indirect losses including without limit loss of revenues, profits, contracts, business or anticipated savings damage to or loss of goodwill, reputation or data.
10.3 Without prejudice to the foregoing, our total aggregate liability to you under and/or arising in relation to this contract shall not exceed the amount paid by you for the Products.
10.4 Nothing in this contract shall exclude or limit our liability for death or personal injury due to our negligence or any liability which is due to our fraud or any other liability which we are not permitted to exclude or limit as a matter of law.
10.5 Nothing in this contract shall exclude or limit your statutory rights.
10.6 A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.
- INTELLECTUAL PROPERTY RIGHTS
All and any Intellectual Property Rights in connection with the Products shall be owned by us absolutely.
You agree to indemnify, defend and hold harmless Fact + Fiction Ltd, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your breach of these terms and conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
- IMPORT DUTY
13.1 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, unless specified that they are sent Delivery Duty Paid (DDP). 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.
13.2 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.
- 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.
All notices given by you to us must be given to us at [info@Fact + Fiction.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 14 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.
- TRANSFER OF RIGHTS AND OBLIGATIONS
16.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
16.2 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.
16.3 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.
- EVENTS OUTSIDE OUR CONTROL
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”).
17.1 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; or
The acts, decrees, legislation, regulations or restrictions of any government.
17.2 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.
- NO WAIVER
18.1 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. 18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 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.
19.1 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.
19.2 Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
- ENTIRE AGREEMENT
20.1 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 the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
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.
20.2 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
- OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
21.1 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 or for any other reason in our sole discretion which we may decide.
21.2 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).
- LAW AND JURISDICTION
These terms and conditions are to be construed in accordance with the laws of England and Wales and irrespective of your place of domicile, in the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the English Courts.
- AFTER-SALES SERVICE
Questions, comments or requests regarding these terms and conditions or our Products should be addressed to email@example.com. A 6 month warranty is given with all purchases of goods. If you have any complaints these should be addressed in writing to firstname.lastname@example.org