TERMS AND CONDITIONS FOR SUPPLY OF GOODS FROM FOLKSGLOVE LTD.
These are the terms and conditions that will govern all transactions placed online with Folksglove Ltd.. Please read them carefully before placing any order with us. These terms and conditions tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
By visiting and continuing to use this site you are agreeing to be legally bound by these terms and conditions.
Folksglove is the trading name of Folksglove Ltd., a company established in England and Wales with company registration number 09226667 and whose registered office is located at 20-22 Wenlock Road, London, England, N1 7GU. Our registration details can be found at Companies House.
You can contact us by email at firstname.lastname@example.org
Formation of contract
Our acceptance of your order will take place when we send you an email confirmation accepting your offer to purchase certain goods from us. A legally binding contract on the terms set out in these terms and conditions will come into existence between you and us the moment that email confirmation is received by your email service provider.
If we are unable to accept your order or part of your order, or after accepting your offer we discover that we are unable to fulfil the order or part of the order as expected, then we will inform you of the situation and, in the event you have not already paid for the order, we will not charge you for the order or the part of the order that we unable to fulfil or, if you have already paid for the order, refund the full amount of the order or the amount for the part of the order that we are unable to fulfil (in each case, with the part of the order we are still able to accept or fulfil being unaffected by our inability to accept or fulfil part of the order).
We reserve the right to claim that we are unable to accept or fulfil order for any reason at our absolute discretion. By way of example, we may be unable to accept or fulfil an order because the product is out of stock, or because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified.
Suspension of supply
We may have to suspend the supply of a product to you so that we can deal with manufacturing problems or make minor manufacturing changes or update the product to reflect changes in relevant laws and regulatory requirements.
We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to cancel the contract for a product (or the part of a contract relating to the suspended product, as applicable) if we suspend supply of a product for a period of more than 30 days. Any sums you have paid in relation to the suspended product shall be refunded in accordance with these terms and conditions.
We are pleased to accept online order transactions via secure server using a debit or credit card. Customers can also pay using Pay Pal. All credit / debit card transactions are subject to validation checks and are authorised by the card issuer. We accept MasterCard, Visa, Delta, Switch, Maestro and American Express. If the issuer of your card refuses to authorise payment to us, we will not be liable for any delay and / or non-delivery of your order. No orders will be accepted or processed without a valid card payment in the name of the registered cardholder.
MAKING A PURCHASE
Purchase and promotional discounts
Making a purchase is very straightforward. Just click on any items that you wish to buy to put them into your ‘Bag’. Once you have finished your shop and added all items you wish to purchase to your Bag, click on 'View Bag & Checkout'. You will then be asked for a few payment details so that we can fulfil your order.
Promotional discounts are sometimes offered for a limited time. Details and expiry details will be communicated accordingly at the time the discount is offered.
Products, prices and content
Products may vary slightly from their descriptions and specifications. Although we have tried to accurately describe and set out the specifications of our products we cannot guarantee that the actual product will match these descriptions exactly and the specifications of the product (including, but not limited to, all sizes, weights, capacities, dimensions and measurements) indicated on our website may vary slightly from the product you receive.
Products may vary slightly from the images on our website. The images of the products on our website are for illustrative purposes only. Although we have tried to display the colours of our products accurately, we cannot guarantee that a device’s display of the product’s colours will accurately reflect the colour of the products you receive.
Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
All prices are shown in pound sterling (£).
All information on our website is updated regularly.
We reserve the right to alter our prices, images, descriptions and specifications without notice.
We reserve the right to make minor changes to the products at any time. We may change the product(s) to reflect changes in relevant laws and regulatory requirements or to implement minor manufacturing adjustments and improvements.
Any promotional discount codes are not valid on sales items.
Processing and delivery
We will deliver orders to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. We aim to process orders on the same day. If you place your order on a Friday afternoon, over the weekend or on a Bank Holiday, we aim to process it the next working day. If you need your order urgently, please contact us and we will do our best to accommodate your request.
We are not responsible for delays outside our control. If delivery of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel the contract and receive a refund for any products you have paid for but not received in accordance with these terms and conditions.
If after a failed delivery you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may cancel the contract and refund any sums you have paid in relation to undelivered goods in accordance with these terms and conditions.
Product the responsibility of customer from time of delivery
The condition of a product will be your responsibility from the time we deliver the product to the address you gave us.
Retention of legal title in relation to goods supplied but not paid for in full by the customer.
All items supplied to the customer remain the legal property of Folksglove Ltd. until final payment of all sums owing in respect of those goods has been received in full by us.
Delivery methods, pricing and timing
UK Standard Delivery
We offer free UK standard delivery on all orders over £75
For orders below £75 our standard postage costs £4.95 per order.
Please allow 3-5 working days for your order to arrive. Deliveries are made by Royal Mail and can be delivered between 7am and 7pm (no signature is required).
UK Next Day Delivery
UK next day delivery costs £7.95 per order.
All orders must be received before 2pm Monday to Thursday for next day delivery. Orders placed after 2pm will be delivered within 48 hours. Orders placed after 2pm on Thursday and at anytime Friday to Sunday will be delivered on Tuesday.
Deliveries are made by DHL from 9am until 8pm and may require a signature.
Non Mainland UK and International Delivery
Delivery to European addresses costs £20 per order. Delivery to addresses in the rest of world costs £40 per order.
Our products are shipped from the UK and sold on an unpaid delivery duty basis. Please be aware that you or your nominated recipient may have to pay import duties or a formal customs entry fee upon, or prior to, delivery. If you're unsure how this will affect the overall cost of your order, please check your local import legislation.
No liability for customer delivery instructions
Please note that Folksglove does not accept liability for any delivery instructions given to the delivery company by the customer. If you leave instructions for a parcel to be left in a different location (e.g. neighbour, shed) we cannot accept responsibility if you fail to receive your parcel.
RETURNS AND EXCHANGES
You may return any part of your purchase for an exchange or refund within 14 days of receiving your order.
If you have received incorrect or damaged goods please contact us within 7 days and we will arrange a refund or replacement for you.
Please email email@example.com to receive full return instructions.
We will refund you the price you paid for the products, including delivery costs (subject to the terms below), by the method you used for payment. However, we may make deductions from the refunded amount in certain circumstances, as described below.
All items must be returned in a fully resalable condition, which means being unused and, if possible, in the original packaging.
If the value of the goods you return to us is diminished (by any amount) as a result of you handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods, then we may recover that amount from you by deducting it from the amount to be refunded. It is possible that such handling by you could reduce the value of the goods to such an extent that no amount will be refunded to you.
With the exception of incorrect or faulty items (for which we will refund the delivery cost in full), the maximum refund for delivery costs that we will provide will be set at the cost of delivery by the least expensive common and generally acceptable delivery method we offer. This will be the cost of UK Standard Delivery stated above.
Unfortunately, we are not able to reimburse you for any postage, packaging or other costs that you incur returning goods to us.
Postage will be charged for sending any exchange items by post.
When returning items, please be sure to securely wrap them and obtain proof of postage and adequate postage insurance. Items lost in transit will not be treated as returned. We will not be held responsible for parcels that fail to reach us or are damaged on route to our returns address. We will not provide a refund where goods have been lost in transit, nor will we provide a full refund (or, potentially, any refund) where goods have diminished in value as a result of damage in transit.
If you have any questions please contact us at firstname.lastname@example.org.
We are always very disappointed on the rare occasions our customers receive a faulty item. If you have identified the fault within 30 days of purchase, please contact us and let us know the details of the fault. We can then let you know whether to return it or not and make sure other items are not affected. We will often ask you to email us a photograph of the fault as it's easier for you than posting it back to us. Should you need to return the item we will refund any postage on a faulty item and ensure you are reimbursed for standard return postage on the item.
If a fault develops outside of the 30 day return period, contact us by email on email@example.com before you return the item so we can discuss the fault with you and agree the best way forward. We cannot accept an item returned as faulty if the damage caused to the product is due to wear and tear or misuse.
Arranging an exchange
If the product you require is still available we will be glad to exchange it for you. If the new item you require costs less than the one you have returned we will refund you the difference in accordance with these terms and conditions. If it costs less than the one you have returned we will need to take an additional payment from you before we can send you the item. We will charge you standard postage and packaging, unless you require a faster turnaround. Please make sure you give us a daytime telephone number or your email address so we can contact you.
Any exchange shall be treated as a new sale of goods by us to you and a new contract on the terms set out in these terms and conditions shall come into existence between you and Folksglove Ltd. on us accepting your offer of an exchange.
Returns purchased from a show
If you have bought a product or products from Folksglove Ltd. at a show or fair, you can return your item(s) as long as you are entitled to make a return and you have your receipt or delivery note as proof of purchase. Please get in touch with us at firstname.lastname@example.org before you return the item to us so we can discuss the return with you and the best way forward.
Returns bought from one of our stockists
Please get in touch with the stockist you purchased from (make sure you have your original receipt). They will let you know what their returns policy is.
Once your parcel has been received by our team it can take up to 10 working days to fulfil your request. Returns are dealt with in the order in which they are received so returns sent by recorded delivery may reach us more quickly but do not progress more quickly through the process.
When we have dealt with your parcel we will confirm this to you by email, assuming you have given us your email address. Please remember that it can take three to four days after we have processed a refund payment for it to appear on your credit card statement.
If, after sending your return to us, you have not received our email confirmation within 10 working days, please contact us by email at email@example.com so we can investigate.
RIGHT TO CANCEL
You have the right to cancel this contract within 14 days from the day after the goods have been received without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods or, in the case of multiple goods under one order, physical possession of the last good.
To exercise the right to cancel, you must inform us, Folksglove Ltd., either by writing to us at 20-22 Wenlock Road, London, England, N1 7GU or by email at firstname.lastname@example.org, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the model cancellation form at the end of these terms and conditions, but it is not obligatory.
We will communicate to you an acknowledgement of receipt of such a cancellation (e.g. by e-mail) without delay.
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 contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than –
- 14 days after the day we receive back from you any goods supplied, or
- (if earlier) 14 days after the day you provide the evidence that you have returned the goods, or
- if there were not goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods to the address we notify to you without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
INTELLECTUAL PROPERTY RIGHTS
Ownership of rights
All rights, including copyright, on this website are owned by or licensed to Folksglove Ltd.. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. You may not modify, delete, distribute or post anything on this website for any purpose. Reproduction strictly by permission only.
Design, copyright and intellectual property
The original illustrations and designs are all by Sarah Jefferies and owned by Folksglove Ltd..
All text, graphics, photographic images, packaging, patterns and designs on all Folksglove products are protected by copyright, design rights, trade mark rights and other intellectual property rights, which are owned by Folksglove Ltd..
All content available on the website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof is the property of Folksglove Ltd. and is protected by UK and international copyright laws.
The trade marks, logos, and service marks displayed on the website are the registered and unregistered marks of Folksglove Ltd. and are protected by UK and international trade mark laws.
By using this website, tagging #folksglove and/or sharing your photos with us, you grant to Folksglove Ltd. a royalty-free, perpetual, worldwide licence to use your social media user-name/handle and/or any photograph(s) you have uploaded through social media platforms that you’ve tagged with the hashtag #folksglove or any other hashtag that, in the reasonable opinion of Folksglove, refers to Folksglove or any of its business activities (the “Photos”) on www.folksglove.com and/or on any of Folksglove’s social media platforms (including but not limited to Instagram, Facebook and Twitter) for marketing and/or to use in advertising.
Folksglove may decide to use your Photos and reserve the right to reproduce, distribute, combine with other materials, alter and/or edit your Photos in any manner in its sole and absolute discretion, with no obligation to you whatsoever.
You hereby represent and warrant that (i) you own all rights in and to your Photos, (ii) you have permission from any person(s) appearing in your Photos to grant the rights herein, (iii) you are 18 years or older, and (iv) Folksglove’s use of your social media username/handle and/or Photos will not violate the rights of any third party or any law.
You hereby release and discharge Folksglove Ltd. from all and any obligation to pay you for any use of your Photos and any of the intellectual property rights contained therein in connection with the uses described above.
Finally, you hereby release, discharge and agree to hold Folksglove and any person acting on Folksglove’s behalf harmless from all claims, demands, and liabilities whatsoever in connection with use of the Photos as described above.
POLICIES INCORPORATED BY REFERENCE
COMMENTS AND COMPLAINTS
If you wish to comment or complain about any aspect of your dealings with us please email us at email@example.com.
Folksglove Ltd. cannot be held responsible for any disruptions to our services that are beyond our reasonable control. We will do everything in our power to correct any disruption to our service.
We attempt to be as accurate as possible when describing products on the website. However, to the extent permitted by applicable law, we do not warrant that product descriptions, colours or other content available on the website are accurate, complete, reliable, current, or error-free. Folksglove Ltd. cannot be held responsible for marginal differences in products supplied.
Any products and services, and any samples thereof, we may provide to you are for personal use only. You may not sell or re-sell any of the products or services, and any samples that you receive from us.
We may occasionally carry out security checks and have the right to refuse access to our website should we consider it necessary.
Compliance with laws
The website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website.
Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. The website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website (including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade).
We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products sold by Folksglove Ltd.. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
We only supply the products for domestic and private use and not for commercial, business or re-sale purposes. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any business interruption; or
- any loss of business opportunity; or
- any loss of goodwill or reputation; or
- any special or indirect losses
suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
Nothing in the terms and conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our subcontractors, agents or employees, or for fraud or fraudulent misrepresentation, or for breach of your legal rights in relation to the products.
We may transfer our rights and obligations under these terms and conditions to another organisation.
You may only transfer your rights and obligations under these terms to another person if we agree to this in writing.
If any part of the terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the terms and conditions and shall not affect the validity and enforceability of any of the remaining provisions of the terms and conditions, which shall remain in full force and effect.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the terms and conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These terms and conditions govern our relationship with you. Any changes to these terms and conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Folksglove Ltd. and you are expected to do. You confirm that, in agreeing to accept the terms and conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these terms and conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this paragraph shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation, whether or not such has become a term of these terms and conditions.
These terms and conditions and any non-contractual obligations arising out of or in connection with these terms and conditions shall be governed by, and construed in accordance with, English Law. You irrevocably submit to the exclusive jurisdiction of the English courts in relation to any dispute arising out of or in connection with these terms and conditions (including, without limitation, non-contractual obligations). Nothing in these terms and conditions will affect your statutory rights.
If you have any questions, comments or concerns, please email us at firstname.lastname@example.org
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To Folksglove Ltd. at postal address: 20-22 Wenlock Road, London, England, N1 7GU / e-mail address: email@example.com: [*]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate