Terms & Conditions
Buying products on our website
Arranging and anticipating delivery
Stock Definitions: Stock availability and "Made To Order/Bespoke" Products
Please read these Terms and Conditions carefully before using this website operated by Fermob London (Company Number: 05322660 and VAT Number: 854 5380 10.) By accessing or using our website you agree to be legally bound by these Terms and Conditions as they may be modified and posted on our website from time to time.
Buying products on our website
Details of Procedures, Products, Prices, Payment and Delivery are displayed on our website.
You will be given clear instructions on how to navigate our simple on-line Order process and you shall be required to provide us with your accurate personal details. By clicking on the 'Proceed' button on the Order form you are consenting to our Terms and Conditions.
If you have a comment concern or complaint about a Product you have purchased from us, please contact us via email at fermoblondon@fermob.com or by post to:
Customer Services Manager,
Fermob London
391 King street
London
W6 9NJ
Prices listed are in GBP and are listed inclusive of VAT.
Fermob London may change the advertised price of a Product at any time. The price you pay will be the price in force at the time of your Order.
The price on your Order will be validated by us as part of the acceptance procedure. We try to ensure Prices displayed on our website are correct at all times.
Should a Pricing error arise, we will inform you if a Product's correct price is higher than that stated on your Order and you may choose to either proceed with or Cancel the Order.
Payment is usually by credit or debit card and is taken when the Order is placed. This is to protect us from card fraud.
Fermob London is entitled to refuse any Order placed by you. If your Order is accepted, we will confirm acceptance to you by online electronic means ("Confirmation") to the email address you have given us on the Order. The Order will then be fulfilled around the estimated date set out in the Confirmation or, if the Confirmation does not contain such a date, within 30 days. If you do not receive a Confirmation email, please contact us to ensure your Order has been accepted.
You undertake that all details you provide to us for the purpose of purchasing Products or services which may be offered by us on our website will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any Products or services. We reserve the right to obtain validation and verification of the authenticity of your credit or debit card details before providing you with any Products or services.
Availability
All Products depicted on this website (as may be varied from time to time) are available almost everywhere in mainland UK, and by special arrangement to the Channel Islands, Republic of Ireland, Isle of Wight, Isle of Man and the Scottish Islands.
All Products are subject to availability. If the Product you Order is unavailable, Fermob London may provide to you a substitute of an equivalent quality and price without notice ("Substitute Product"). In the event that we are unable to supply the Product or any substitute Product to you at all, Fermob London shall notify you as soon as possible and shall reimburse your payment in full.
Fermob London may assign, transfer, novate or subcontract any or all of our rights and obligations under these Terms and Conditions at any time.
Fermob London may alter these Terms and Conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the Terms and Conditions on the website regularly.
These Terms and Conditions together with the privacy policy, any Order form and payment method instructions, if any, are the whole agreement between you and Fermob London. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by Us or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these Terms and Conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the Terms and Conditions, privacy policy, Order form and payment method instructions.
If any provision or terms of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other Terms and Conditions and shall be deemed to be deleted from them. These Terms and Conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court. Except in respect of a payment obligation, neither you nor Fermob London will be held liable for any failure to perform any obligation to the other due to causes beyond your or Fermob London's respective reasonable control. Failure or delay by either party enforcing an obligation or exercising a right under these Terms and Conditions does not constitute a waive of that obligation or right.
These Terms and Conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
Fermob may run competitions from time to time for UK residents, and Terms and Conditions will be available below.
All notices shall be given:
to us via email at fermoblondon@fermob.com or by post at:
Fermob London,
391 King street
London
W6 9NJ
or
to you at either the email or postal address you provide during any Ordering process. Notice shall be deemed received when an email is received in full by 5pm (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
Fermob London reserves the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content shall be subject to these Terms and Conditions.
Please note that although Fermob London try to ensure that the content of our website is accurate, the website may contain typographical errors or other inaccuracies.
These Terms and Conditions replace all other Terms and Conditions previously applicable to the use of our website and/or sale of the Products and are current as at June 2013.
Our website is a place for you to select and Order garden, home and leisure products (the "Products"). Our website describes the Products in more detail.
Please note that our website is available only to individuals that can form legally binding contracts under applicable law. You must be over 18 years to purchase the Products, using the payment methods displayed on our website. If you do not qualify you may not use our website.
Fermob London promises that for any Product you purchase from our website:
We have the right to sell the Product to you;
The Product will correspond with the description we have given to you; and
The Product will be of satisfactory quality.
We also promise that any service we provide to you will be provided with reasonable skill and care. Subject to our Delivery statements, we shall not be liable for any delay or inability to perform our obligations to you if such delay is due to any cause whatsoever beyond our reasonable control. We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the Products), our website or any information or service provided through our website. If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation. The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permissible by applicable law.
Deliveries
Delivery is as stated on our website on the page Delivery Information. They are applicable within mainland England, Wales and Scotland. Delivery to Republic of Ireland, Isle of Man, Isle of Wight, Channel Islands, Scottish Isles and some outlying areas of the UK may be arranged subject to additional Delivery charges
Extra Delivery charges to remote or outlying areas within the UK mainland may arise, in which case we will agree the charges with you as soon as possible, where applicable. More information on extra charges will appear clearly on the individual Product pages.
Arranging and anticipating delivery
Any times or dates stated on our website or confirmation emails regarding Delivery are estimates only. Fermob London will make all reasonable effort to deliver Products within the time specified, but does not accept liability for any failure to deliver within that time. Orders received on Saturdays, Sundays or public holidays and Orders received after 2pm on weekdays, will be processed the next working day. We do not normally deliver on Saturdays, Sundays or public holidays. All deliveries will be undertaken during business hours of 10:00am - 5:30pm, unless otherwise agreed with You the customer and Fermob London.
Whilst we agree to use all reasonable endeavours to ensure that Delivery is made around the Delivery time advertised, you will acknowledge that actual Delivery is often via third party suppliers and carriers and can therefore be beyond our control and could be subject to delays. Incorrect personal details may lead to problems or delays in Delivery, so before placing your Order, please ensure that you have included the full address details, including accurate postcode of the Delivery address and your daytime contact telephone number or mobile number and e-mail address so we can notify you in the event of a Delivery problem.
Delivery will be deemed as successfully made once the Product has arrived at the address specified. Signature may be required for proof of Delivery, except where a third-party carrier use their own confirmation. Products may be left at the Delivery address without the Recipient's permission except where third party suppliers require signed confirmation or the Recipient has expressly requested Products not be delivered in their absence. Products will be deemed your responsibility once they have been received by you, your agent or the intended Recipient. Any loss or damage to the Products shall then be at your own risk.
In case of Delivery to certain locations such as hospitals, airports, hotels, ships and other business premises, the signature of any person authorised to accept Delivery on behalf of the organisation shall be accepted as proof of Delivery. Should Delivery be refused at the Delivery address, and re-requested for another date, we may charge for the second Delivery, since we met our Delivery obligations with the initial Delivery attempt. It is the Recipients responsibility to sign for the correct number of packages as shown on the carrier's Delivery consignment note. Shortages must be noted on the consignment note where possible. You should notify us of the shortages within 10 days of Delivery. If boxes look damaged on Delivery we recommend the contents are inspected before accepting and signing the Delivery note.
We endeavor to provide the best Customer Service possible. Should anything go wrong, we will make every effort to resolve the issue. However, should the problem be unsolvable, or you prefer to amend or Cancel your Order, please contact fermoblondon@fermob.com.
You may Cancel any Order within 14 working days from the date of purchase excluding any products which are Made To Order or Bespoke. If you Cancel your Order via telephone your Order will be put on hold. You must confirm your wish to Cancel the Order in writing via email or post within 14 working days. Your Order will not be considered Cancelled or refunded until notification in writing is received.
If you decide to Cancel an Order after the Products have been dispatched and commenced their carriage to you by carrier or post, we may charge you for the carriage of those Products. We advise you check the status of the Order before you request Cancellation. Any charges will be communicated to you before we confirm the Cancellation.
You are entitled to Cancel any payment at any time where fraudulent use has been made of your credit or debit card by another person not acting on your behalf or as your agent and be re-credited by us to the extent that such sums are not reimbursed by the card issuer.
Before you request or arrange return of a Product, please read the below information carefully.
You may Return any Delivered Products you have purchased within 14 working days of Delivery, excluding any products which are Made To Order or Bespoke for any reason (including if you simply change your mind). To do so you must notify us in writing via email or post within 7 working days of Delivery. If you are Returning a Product for any reason, except damage or manufacturer defect, You must pay the costs of Returning the Products to Us or our suppliers.
On request, we will collect the Products from you, but the cost of this will be charged to you and we may deduct this from the Refund.
If:
the Product delivered is not what you Ordered (including an unapproved Substitute Product), or does not correspond with its description;
the Product delivered is not of a satisfactory quality,
the Product arrives damaged or faulty and you have notified us after 14 working days,
We may replace the item or affected parts or you may Cancel the Order and receive a full Refund. You will not be charged for the costs of returning an unapproved substitute or defective product. If Products arrive in a damaged condition you must make a note on the carrier's Delivery consignment note where possible and inform us within 7 working days of the Delivery. If the Product becomes defective soon after 7 working days have passed, Fermob London will, at its option, repair the product, replace the Product or Refund you. You will not be charged for the cost of Returning a defective Product.
We will not accept Returns or Cancellations if the Products have been altered by applying chemicals or paints to the surfaces or by altering or customising the Product in any way that could be deemed as you using or treating the Products as your own. While in your possession, you must keep any Products you intend to Return to us in good condition. Products must be Returned in the same condition as they were delivered. If products were delivered flat packed they must be Returned in the same way. Care must be taken to ensure the Return Products are packed well to avoid damage or loss of parts in transit. Products Returned which cannot be re-sold as new due to damage or wear and tear may be subject to a reduction in the Refund given.
Stock Definitions and "Made To Order" or "Bespoke" Items
Items "in stock" are deemed to be available and will be packaged and shipped within 3 working days.
Products Made To Order or Bespoke cannot be cancelled or returned. Made To Order or Bespoke Products will usually be described as such on the website, however, any Product where you are specifying, for example, a colour or size which is not described as In Stock on the website is Made To Order.
Fermob London will try to ensure that Made To Order products are completed and delivered within the estimated lead time advised at time of purchase. However, delays do occasionally arise due to production or shipping issues, out of our control. If a delay occurs, Fermob will communicate to You, the customer as soon as the manufacturer confirms the new estimated delivery date or notifies Fermob London of any production delays, however, this does not mean you have the right to cancel such an order if it is beyond the estimated timeframe.
Refunds will be processed within 14 days. Where exchange rates of currency are involved, the Refund will be made in £GBP at the current exchange rate. Fermob London do not accept responsibility for any loss or gain caused by changes in the exchange rate between the time of Ordering and the time of issuing the Refund