TERMS AND CONDITIONS
Welcome to https://forayclothing.co.uk (“the Website”). These are Foray Clothing’s website terms and conditions (“Terms”) that provide you with important information about the legal terms and conditions on which we sell goods on our Website (“Products”) to you.
1. Information about us
We operate the website https://forayclothing.co.uk. We are Foray Clothing Limited Registered in England and Wales as Foray Clothing Limited. Registered address Unit J, Broughton Business Park, Preston PR2 9BS.
Company Number 08856629.
References in these Terms to “we”, “us” and “our” are to Foray Clothing Limited, Registered address Park Hill Business Centre, Padiham Rd, Burnley BB12 6TG. Company Number 08856629.
2. About these Terms
These Terms will apply to any contract between us for the sale of Products, available on our Website (“Products”) to you (“Contract”).
By using this Website and/or placing an order you agree to be bound by these Terms. You will be asked to read and agree to these Terms before you place an order for Products from our Website. Please click on the “I Accept” button at the end of these Terms if you accept them. If you do not agree with these Terms, you will not be able to order any Products from our Website. Before placing an order, if you have any queries relating to these Terms, please click here to email our customer services team.
We may change these Terms from time to time without notice to you, for example, to comply with changes in the law, to take account of new ordering or payment processes, or new Products we may offer. Changes will only apply to any subsequent orders you make on the Website. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 1st February 2016.
These Terms, and any Contract between us, is only in the English language. In our dealings with you, we work on the assumption that all sales are to private consumers, you are at least 18 years old and are legally capable of entering in to binding contracts.
YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE SECTIONS CONCERNING LIABILITY TO YOU (PARAGRAPH 10) AND YOUR LEGAL RIGHT TO CANCEL (PARAGRAPH 7).
3. Product Information
We have made every effort to display as accurately as possible, the colours of Products that appear on the Website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the Product you will receive.
All sizes and measurements are approximate; however we do make every effort to ensure they are as accurate as possible. Unless otherwise stated, sizes indicated are UK sizes. Prices, Offers and Products are subject to availability and may change at any time prior to receipt of your Order Processing email notification.
4. Placing an Order with us
Once you have placed an order with us, we will send you an order confirmation email (“Order Confirmation”) to confirm that we are processing your order. Once you have received your Order Confirmation, we will not be able to make any changes to the delivery address provided. We will send you another e-mail when your order is “Processing”. When your order has been dispatched by the courier (“Dispatch Confirmation”) we will send you your tracking number. Acceptance of an order placed by you online and the completion of the contract between you and us will take place when you receive the Dispatch Confirmation e-mail from us. A contract between us will only be formed when we send you the Dispatch Confirmation. If for any reason we cannot provide you with an item on your order, you will be contacted by email and a refund will be issued (including any relevant delivery charges paid if the order only contained that item). If a Product you have ordered is listed at an incorrect price due to an error on our part, we will notify you of the error and refund you for the price of the Product (and the delivery charge if the order only contained that item). We will not dispatch the Product to you.
Please note that the recipient of any Products shipped outside the European Union may also have to pay import duty or other taxes, fees and charges applied by customs or other authorities in the country of receipt. Please note that we have no control over these charges and we cannot predict their amount. If you are unsure about whether these charges might apply to your order, you should contact your local tax or customs authorities.
Details about our delivery options can be found here. Your order will be fulfilled within the estimated delivery period set out in your Dispatch Confirmation, unless there is an Event Outside of our Control (as defined in paragraph 11). If we are unable to meet the estimated delivery deadline because of an Event Outside of our Control, we will contact you. In circumstances where the Products you have purchased are not delivered within the estimated delivery period confirmed in your Dispatch Confirmation, you will be entitled to treat this Contract as having come to an end. Â In such instances, you may return the Product(s) which have been delivered late and receive a full refund, including any applicable delivery charges. We will also refund any reasonable costs you incur in returning the Products to us. UK customers are however requested to either return Product(s) in these circumstances using the returns label on the reverse of the shipment notice provided with your Product(s)
The price of the Product(s) are as set out on the Website.Â Your order summary will confirm the price payable by you for the selected Product(s).We accept Visa, Visa Debit, Visa Electron, Maestro, MasterCard and PayPal. Your card will be charged when you place your order.
ACCEPTANCE BY US OF ANY PAYMENT MADE BY YOU IN CONNECTION WITH ANY PRODUCTS DOES NOT CONSTITUTE OUR ACCEPTANCE OF YOUR ORDER AND A LEGALLY BINDING CONTRACT IS NOT FORMED UNTIL YOU RECEIVE OUR DISPATCH CONFIRMATION E-MAIL AND WE WILL NOT BE OBLIGED TO SUPPLY PRODUCTS TO YOU UNTIL THEN.
7. Your legal right to cancel
You have a legal right to cancel your Contract with us within 14 days without giving any reason. The cancellation period expires after 14 days from the day on which the purchased Products come into your physical possession, or a third party other than the carrier and indicated by you acquires, physical possession of the purchased Products. In the event that you have ordered Products consisting of multiple lots or pieces of something which, as a result, are delivered on different days, the cancellation period will end 14 days after the day on which the last of the lots or pieces come into your physical possession, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise your rights to cancel, you must inform us of your decision to cancel this Contract by making a clear statement (e.g. letter, email or on the telephone). Please note that returning Product(s) using the returns label provided, within the 14 day period, will be considered to be a clear statement of your decision to cancel this Contract. For the avoidance of any doubt, you are entitled to exercise your right to cancel under this paragraph in relation to individual Product(s), notwithstanding that your order may have included multiple Products.
To process your cancellation request as quickly as possible, we would advise that you write to us at Customer Services quoting your order number, or by returning the Product(s) to us by post by using the returns form provided with your Product(s).
Details of your legal right to cancel and an explanation of how to exercise it will also be provided in the dispatch confirmation
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this agreement, your payment made for the Product(s) will be reimbursed to you. We may make a deduction from the reimbursement for loss in value of any purchased Products supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the purchased goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the purchased goods you have received. We will make the reimbursement without undue delay, and not later than:
7 days after the day we receive back from you any purchased Products supplied; or
(if earlier) 7 days after the day you provide evidence that you have returned the purchased goods
If there were no purchased goods supplied, 7 days after the day on which we are informed about your decision to cancel this agreement.
All refunds will be made using the original payment method. Please note that it can take between 5 and 10 working days for the funds to show back in your account and that this time is dictated by your bank and is completely out of our control. We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise, and in any event, you will not incur any fees as a result of the reimbursement. When returning the Products to us, you must send back the Product(s) to us by following the process set out in our returns procedure, which can be found here without undue delay and in any event not later than 7 days from the day on which you communicated your cancellation of this agreement to us. The deadline is met if you send back the purchased Products to us before the period of 7 days has expired.) You will have to bear the direct cost of returning the Products to us. We suggest that you obtain proof of postage in relation to any such returns. Details of your legal right to cancel and an explanation of how to exercise it will also be provided in the Dispatch Confirmation.
8. Faulty or mis-described Products
In addition to your legal right to cancel without reason as set out in paragraph 7 above, we are under a legal obligation to ensure that we supply Products which are in conformity with the terms of the Contract between us. If we have made a mistake, or you receive Products that are faulty, mis-described, damaged or unfit for purpose, return them to us by post following the returns procedure, which can be found here. UK customers are requested to use the returns label on the shipment notice when returning the Products.
When returning Products which you believe to be faulty, mis-described, damaged or unfit for purpose, upon receipt when posted back to us, the Products will be examined by Foray Clothing Limited to determine any such fault. If the Product is found to be faulty, mis-described, damaged or unfit for purpose, we will refund you in full for the price of the Product, including any applicable delivery charges paid by you. We will also refund any reasonable costs you incur in returning the Products to us. We recommend that you obtain proof of posting for any returns. Please note, if you return any product as faulty and on inspection we deem the item(s) not to be faulty, you may be charged for the postage costs for the item(s) to be returned to you at the same, the cost of the return to you will not exceed £3.95 unless you opt for an express delivery option.
Refunds will be made in accordance with either paragraph 5, 7 or paragraph 8 above, depending on the reason why you are returning the Product(s). All refunds will be made using the original payment method. Please note that it can take between 5 and 10 working days for the funds to show back in your account and that this time is dictated by your bank and is completely out of our control.
10. Our Liability to You
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract. We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We do not in any way exclude or limit our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
defective Products under the Consumer Protection Act 1987.
11. 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 an Event Outside Our Control.
An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
we will contact you as soon as reasonably possible to notify you; and
our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
12. Other important terms
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. The Contract is between you and us. No other person shall have any rights to enforce any of its terms. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. These Terms are governed by English and Welsh law. This means a Contract for the purchase of Products through the Website and any dispute or claim arising out of or in connection with it will be governed by English and Welsh law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
13. Complaints Procedure
In the event that we fail to meet our high standards of customer service, please do not hesitate to contact us. Please put your complaint in writing and send it to us by post to Foray Clothing Customer Services, Unit J, Broughton Business Park, Preston PR2 9BS. or by email to firstname.lastname@example.org
We aim to provide an initial response to a complaint by email within 24 hours (Monday to Friday 9am to 5.30pm) and to postal complaints within seven working days of receipt.
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