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Terms & Conditions

1. The contract between us

1.1   These are the conditions under which we, Fairmont & Main Limited (company number 02931622) deal with you, our customer, for sales made by us to you through our website, or otherwise than at our premises. Please read these terms and conditions carefully before placing your order, in particular condition 4 (your rights to cancel) and condition 7, which deals with our liability to you. If you have any questions about the terms and conditions, please contact us before you place your order by using our contact form or by telephoning us.

Please note that these terms are supplementary to our normal trading terms that apply to businesses and trade customers. A copy of these may be requested from our sales office.

1.2   You can only use our website to purchase goods after you have registered with us, which you will be asked to do on the first occasion that you place an order. You must not impersonate any other person nor use a false name when you do so, and you will warrant to us that the personal information which you give us both when you register and subsequently is true, accurate and complete. If any of your personal information changes at any time, you should let us know those changes using our contact form or by telephoning us or by updating your details from within your on-line account .

1.3   If any of the personal information which you provide to us is inaccurate or if you allow any other person to access our website using your personal information or you breach these terms, and conditions in any way, and we suffer loss as a result, you will indemnify us against that loss.

1.4   We must receive payment of the whole of any price for the goods which you intend to order before your order can be accepted. Once you place your order we will send you a confirmatory e-mail providing details of your order to the e-mail address which you provide in the order form. This confirmatory e-mail is not our acceptance of your order. Your order will not be accepted by us until full payment for the goods has been received by us. We will confirm that your order has been accepted by sending you an e-mail. It is this e-mail and our acceptance of your order which brings into existence a legally binding contract between us.

1.5   We reserve the right to reduce or withdraw (fully or partially, temporarily or permanently) any part of our website and/or to vary these terms and conditions at any time. You should read these terms and conditions every time you place an order to ensure that you are aware of any such change.

2. Goods to be supplied

2.1   We will supply to you the goods described on the order form that you submit to us. Details of the goods are set out in our website.

3. Price

3.1   The price payable for the goods that you order are set out in our website and will be confirmed in the e-mail which we send you under condition 1.4.

3.2   You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our applicable delivery charges and information relating to the delivery are set out in our website.

4. Rights for you to cancel your contract

4.1   You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the goods. You do not need to give us a reason for cancelling your contract nor will you have to pay any penalty.

4.2   You have a right to ask us to allow you to cancel your contract with us at any time if your payment card has been fraudulently used by a third party to make the order. You must provide us with such evidence of that fraud as we reasonably require.

4.3   To cancel your contract you must notify us in writing.

4.4   If you receive the goods before you cancel the contract between us under condition 4.1 then you must send the goods back to us at your own cost and risk. You are advised to obtain proof of posting from the Post Office (or whichever delivery firm you use). If you cancel the contract but we have already arranged for the goods to be delivered, you must not unpack the goods when they are received by you and you must send the goods back to us at our contract address at your own cost and risk as soon as possible.

4.5   Once you have notified us that you are cancelling the contract between us, any sum debited by us from your payment card will be re-credited to your account as soon as possible and in any event within 30 days of your order provided that the goods in question are returned by you and received by us in the condition in which they were delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct any costs of recovering the goods which we incur from the amount to be re-credited to you.

4.6   Please note you will not be able to cancel the contract between us if it is in respect of goods specifically manufactured to your order and the manufacture of those goods has been commenced.

5. Cancellation by us

5.1   We reserve the right to cancel the contract between us if:

5.1.1     we do not have enough stock to be able to deliver the goods you have ordered;

5.1.2     we do not deliver to your area; or

5.1.3     one or more of the goods you ordered was listed at an incorrect price due to an error on our website or an error in the pricing information received by us from our suppliers.

5.2   If we cancel the contract between us pursuant to clause 5.1, we will notify you as soon as possible of that cancellation and re-credit to your account any sum which we have already debited from your payment card as soon as possible and, in any event, within 30 days of cancellation.

6. Delivery of goods to you

6.1   We will deliver the goods ordered by you to the address you give us for delivery with your order.

6.2   Delivery will be made as soon as possible after your order is accepted.

6.3   We aim to deliver the goods which you order to you:-

6.3.1     for deliveries within the UK, within [5] working days from the date your order is accepted;

6.3.2     for international deliveries, within [21] working days from the date your order is accepted.

However, if we fail to deliver the goods in question within those timescales, you will not be entitled to cancel the contract as a result unless condition 7.2 applies. In particular, we will not be liable for any delays in deliveries due to the customs and import procedures of the country of delivery, or any failure by you to obtain the necessary licences, clearances or consents for us to export or import the goods. You will be responsible for the payment of any import duty or such other tax or duty or other payments which might be necessary, and we will not be responsible to you for any delay in delivery caused by your failure to do so.

6.4   You will become the owner of the goods you have ordered when they have been delivered to you. We will be the owner until that point. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss, damage or destruction.

7. Liability

7.1   If the goods we deliver are not what you ordered or are damaged or defective or the wrong number of goods is delivered, you must let us know in writing (or by e-mail) at our contact address of the problem within 10 working days of the delivery of the goods. If you do not let us know, you cannot return the goods to us.

7.2   If you do not receive goods ordered by you within 30 days of the date on which you ordered them, you must let us know in writing (or by e-mail) at our contract address about the problem within 40 days of the date on which you ordered the goods. If you do not let us know, you cannot return the goods to us.

If you notify us of a problem under this condition, we shall, at your option:

7.2.1     deliver the correct quantity of goods to you;

7.2.2     deliver replacement goods (where the goods are damaged or defective); or

7.2.3     refund to you the amount paid by you for the goods in question in whatever way we choose.

7.3   Subject always to clause 7.5 and unless the law provides otherwise, we will not be responsible for any loss of profits, business or goodwill (or similar loss) which you may suffer because of any problem about which you notify us under this condition and we shall have no responsibility to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 7.2.3.

7.4   You must observe and comply with all of the regulations and legislation of the country of delivery which apply to that delivery including obtaining all necessary customs, import or other permits, licences or consents and/or paying any import duty (or such other payment which may be necessary). The import or export of our goods to you may be prohibited by certain national laws. We make no statement and accept no responsibility in respect of whether or not the export or import of the goods you purchase is so prohibited.

7.5   Nothing in these terms and conditions is intended to limit any rights you might have as a consumer under any laws or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury caused by our negligence.

8. Notices

Unless otherwise stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address and all notices from us to you will be sent by us to the e-mail address which you provide to us with your order.

9. Complaints

9.1   If you have any complaints about the goods or any aspect of the way we have dealt with you the complaint should be made in writing to our contact address.

9.2   We will investigate any complaint you make as soon as we are able and in any event we will respond to your complaint in writing or by e-mail within 30 days of receiving your complaint.

10. Events beyond our control

10.1.   We shall have no responsibility to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, among other possibilities, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, adverse weather conditions, flood, fire, explosion or accident.

11. Invalidity

11.1.   If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) then the remaining terms and conditions will remain enforceable and still apply.

12. Privacy

12.1   You acknowledge and agree to be bound by the terms of our privacy policy which is set out in our website and can be accessed by following the link from the home page of our website.

12.2   We will take reasonable care, so far as we are able, to keep your personal information (including your payment details) secure, but (unless we or our employees, agents or representatives are negligent) we will not be liable for any loss you suffer as a result of any of your information being accessed by any unauthorised third party.

13. Intellectual Property

13.1   All and any documents, data or other materials (and the copyright, design right or other intellectual property in them) either provided by us to you in the sale of goods by us to you or subsisting in our website or contained in any e-mails which we send you shall remain our property and no part of it may be produced by you without our prior written consent or utilised for any purpose save that contemplated by any contract between us. If you receive any confidential information about us, you must keep it confidential at all times.

14. Third parties

14.1   Except for us and our affiliates, directors, employees or representatives and you, no person has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the contract made between us and you.

14.2   We may provide links to websites operated by third parties from our website. If you choose to access these websites, you do so at your own discretion and at your own risk. You acknowledge that we are not responsible for the content of any of these websites, do not endorse them and are not responsible for any privacy policies in operation in relation to such websites nor the basis upon which goods or services may be offered for sale on them. We will not therefore be liable for any loss or damage which you or others may suffer or incur as a result of any use of such websites.

15. Governing law

15.1   The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have non-exclusive jurisdiction to resolve any disputes between us.

16. Entire agreement

16.1   These terms and conditions, together with our current website prices, details of goods, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf alters or supersedes these terms and conditions or is an authorised representation about the nature or quality of any goods offered for sale by us.