Terms and Conditions
1 IntroductionThis Website is operated by
FAR-FETCH.COM LIMITED
26 GROSVENOR STREET
LONDON W1K 4QW
Company No. 06400760
Access
to and use of this Website and the products and services available
through this Website (“Services”) are subject to the following terms,
conditions and notices (the "Terms of Service").
When you use this
Web Site or buy via this Web Site you are agreeing to all of the Terms
of Service, as may be updated by us from time to time.
Access
to this Website is permitted on a temporary basis, and we reserve the
right to withdraw or amend the Services without notice. We will not be
liable if for any reason this Website is unavailable at any time or for
any period. From time to time, we may restrict access to some parts or
all of this Website.
This Website accepts no responsibility for 3rd party websites to which it may link to.
2 Privacy PolicyOur
privacy policy, which sets out how we will use your information, can be
found at Privacy Policy. By using this Website, you consent to the
processing described therein and warrant that all data provided by you
is accurate.
3 Your ConductYou must not use the
website in any way that causes, or is likely to cause, the website or
access to it to be interrupted, damaged or impaired in any way.
You
understand that you, and not our Web Site, are responsible for all
electronic communications and content sent from your computer to us and
you must use the website for lawful purposes only.
You must not use the website for any of the following:
• for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
• to send, use or reuse any material that is illegal, offensive,
abusive, indecent, defamatory, obscene or menacing; or in breach of
copyright, trademark, confidence, privacy or any other right; or is
otherwise injurious to third parties; or objectionable; or which
consists of or contains software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings or any "spam"
• to cause annoyance, inconvenience or needless anxiety
Breaching
this provision would constitute a criminal offence under the Computer
Misuse Act 1990. far-fetch.com will report any such breach to the
relevant law enforcement authorities and disclose your identity to
them.
We will not be liable for any loss or damage caused by a
distributed denial-of-service attack, viruses or other technologically
harmful material that may infect your computer equipment, computer
programs, data or other proprietary material due to your use of this
Website or to your downloading of any material posted on it, or on any
website linked to it.
4 Intellectual Property, Software and ContentAll
content included on the website, such as text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and
software, is the property of far-fetch.com Limited, its affiliates or
its content suppliers and is protected by international copyright,
authors´rights and database right laws. The compilation of all content
on this website is the exclusive property of far-fetch.com Limited and
its affiliates and is protected by United Kingdom and international
copyright and database right laws. All software used on this website is
the property of far-fetch.com Limited, our affiliates or our software
suppliers and is protected by international copyright and authors’
rights laws.
You may not systematically extract and/or
re-utilise parts of the contents of the website without far-fetch.com
Limited's express written consent. In particular, you may not utilise
any data mining, robots, or similar data gathering and extraction tools
to extract (whether once or many times) for re-utilisation of any
substantial parts of this website, without far-fetch.com Limited's
express written consent. You also may not create and/or publish your
own database that features substantial (eg our prices and product
listings) parts of this website without far-fetch.com Limited's express
written consent.
5 Terms of SaleBy placing an
order you are offering to purchase a product on and subject to the
following terms and conditions. All orders are subject to availability
and confirmation of the order price.
Dispatch times may vary according to availability and there are no guarantees as to delivery times.
In
order to use the Services made available by the Web Site you must be
over 18 years of age and possess a valid credit or debit card issued by
a bank acceptable to us. We retain the right to refuse any request made
by you. If your order is accepted we will inform you by e-mail and we
will confirm the identity of the party which you have contracted with.
This will usually be far-fetch.com Limited or may in some cases be a
third party. Where a contract is made with a third party, far-fetch.com
Limited is not acting as either agent or principal and the contract is
made between yourself and that third party and will be subject to the
terms of sale which they supply you. When placing an order you
undertake that all details you provide to us are true and accurate,
that you are an authorised user of the credit or debit card used to
place your order and that there are sufficient funds to cover the cost
of the goods. The cost of foreign products and services may fluctuate.
All prices advertised are subject to such changes.
(a) Our Contract When
you place an order, you will receive an acknowledgement e-mail
confirming receipt of your order: this e-mail will only be an
acknowledgement and will not constitute acceptance of your order. A
contract between us will not be formed until we send you confirmation
by e-mail that the goods which you ordered have been dispatched to you.
Only those goods listed in the confirmation e-mail sent at the time of
dispatch will be included in the contract formed.
(b) Pricing and Availability Whilst
we try and ensure that all details, descriptions and prices which
appear on this Website are accurate, errors may occur. If we discover
an error in the price of any goods which you have ordered we will
inform you of this as soon as possible and give you the option of
reconfirming your order at the correct price or cancelling it. If we
are unable to contact you we will treat the order as cancelled. If you
cancel and you have already paid for the goods, you will receive a full
refund.
All prices are inclusive of VAT. Delivery costs will be
charged in addition; such additional charges are clearly displayed
where applicable and included in the 'Total Cost'.
(c) Payment Upon
receiving your order we carry out a standard pre-authorisation check on
your payment card to ensure there are sufficient funds to fulfil the
transaction. Goods will not be dispatched until this pre-authorisation
check has been completed. Your card will be debited once the order has
been accepted.
6 Disclaimer of LiabilityThe
material displayed on this Website is provided without any guarantees,
conditions or warranties as to its accuracy. Unless expressly stated to
the contrary to the fullest extent permitted by law far-fetch.com
Limited and its suppliers, content providers and advertisers hereby
expressly exclude all conditions, warranties and other terms which
might otherwise be implied by statute, common law or the law of equity
and shall not be liable for any damages whatsoever, including but
without limitation to any direct, indirect, special, consequential,
punitive or incidental damages, or damages for loss of use, profits,
data or other intangibles, damage to goodwill or reputation, or the
cost of procurement of substitute goods and services, arising out of or
related to the use, inability to use, performance or failures of this
Website or the Linked Sites and any materials posted thereon,
irrespective of whether such damages were foreseeable or arise in
contract, tort, equity, restitution, by statute, at common law or
otherwise. This does not affect far-fetch.com Limited's liability for
death or personal injury arising from its negligence, nor for
fraudulent misrepresentation, misrepresentation as to a fundamental
matter or any other liability which cannot be excluded or limited under
applicable law.
7 Linking to this WebsiteYou
may link to our home page, provided you do so in a way that is fair and
legal and does not damage our reputation or take advantage of it, but
you must not establish a link in such a way as to suggest any form of
association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
This
Website must not be framed on any other site, nor may you create a link
to any part of this Website other than the home page. We reserve the
right to withdraw linking permission without notice.
8 Disclaimer as to ownership of trade marks, images of personalities and third party copyrightExcept
where expressly stated to the contrary all persons (including their
names and images), third party trade marks and images of third party
products, services and/or locations featured on this Website are in no
way associated, linked or affiliated with far-fetch.com Limited and you
should not rely on the existence of such a connection or affiliation.
Any trade marks/names featured on this Website are owned by the
respective trade mark owners. Where a trade mark or brand name is
referred to it is used solely to describe or identify the products and
services and is in no way an assertion that such products or services
are endorsed by or connected to far-fetch.com Limited.
9 IndemnityYou
agree to indemnify, defend and hold harmless far-fetch.com Limited, 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 your use this
Website or your breach of the Terms of Service.
10 Variationfar-fetch.com
Limited shall have the right in its absolute discretion at any time and
without notice to amend, remove or vary the Services and/or any page of
this Website.
11 InvalidityIf any part of the
Terms of Service is unenforceable (including any provision in which we
exclude our liability to you) the enforceability of any other part of
the Terms of Service will not be affected all other clauses remaining
in full force and effect. So far as possible where any
clause/sub-clause or part of a clause/sub-clause can be severed to
render the remaining part valid, the clause shall be interpreted
accordingly. 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.
12 ComplaintsWe
operate a complaints handling procedure which we will use to try to
resolve disputes when they first arise, please let us know if you have
any complaints or comments.
13 WaiverIf you
breach these conditions and we take no action, we will still be
entitled to use our rights and remedies in any other situation where
you breach these conditions.
14 Governing Law and JurisdictionThese
terms and conditions are to be construed in accordance with the laws of
England and in the event of any dispute or claim associated with these
terms and conditions, that dispute or claim shall be subject to the
exclusive jurisdiction of the English courts.
15 Entire AgreementThe
above Terms of Service constitute the entire agreement of the parties
and supersede any and all preceding and contemporaneous agreements
between you and far-fetch.com Limited. Any waiver of any provision of
the Terms of Service will be effective only if in writing and signed by
a Director of far-fetch.com Limited.
16 Ethical Sourcing PolicyAs
a reputable and trusted business committed to offering its customers
high quality products, far-fetch.com Limited recognizes its obligation
to ensure that suppliers are operating ethically.
We expect our
suppliers to consistently provide an environment which protects their
employees' health and safety and basic human rights.
All suppliers are expected to comply with their national employment laws and regulations with particular regard to:
• Minimum age of employment
• Freely chosen employment
• Health and safety
• Freedom of association and the right to collective bargaining
• No discrimination
• No harsh or inhumane treatment
• Working hours
• Rates of pay
• Terms of employment
far-fetch.com
Limited will never knowingly source stock from countries which are in
breach of the above principles. We also look to our suppliers to instil
these principles when dealing with their own supplier base.
Because
of the sometimes complex nature of our suppliers' supply chain, it is
not always possible to monitor and control the conditions of each
individual involved in the production of our products. However, as
far-fetch.com Limited continues to grow it recognises the importance of
being proactive and doing everything within its power to support the
rights of those involved in the manufacture of its goods.
17 Force MajeureIf
far-fetch.com Limited is prevented or delayed (directly or indirectly)
from making delivery of the Products or any portion of the Products on
the agreed date of delivery or from otherwise performing this or any
part of this agreement by reason of act(s) of God, war, embargo,
riot(s), strike(s), lock-out(s), trade dispute(s), fire(s), break-down,
inclement weather, interruption of transport, Government action, delay
in delivery to far-fetch.com Limited of any goods or materials or by
any cause whatsoever (whether or not of like nature to those specified
above) in each case outside such far-fetch.com Limited's control
(«force majeure»), neither party hereto shall be under any liability
whatsoever to the other party by reason of such event.
APPENDIX
Returns PolicyOrder CancellationsUnder
the United Kingdom's Distance Selling Regulations you have the right to
cancel your order for any item purchased from far-fetch.com Limited,
for a full refund.
Order cancellations must be made by submitting an electronic form
here.
If however your order has already been processed, you will need to return the order to us.
Please read the Return or Exchange an item section below.
Return or exchange an itemIf
you are not completely satisfied with your purchase, simply return the
item or items to us in their original condition within 14 days of
receipt. We will issue a full refund (excluding original delivery
charge) on receipt, or exchange the item for a different size / colour
if preferred.
Please note:
• The item is your
responsibility until it reaches us. For your own protection, we
recommend that you send the parcel using a delivery service that
insures you for the value of the goods.
• The cost of returning the item to us is your responsibility.
• The parcel can take up to 7 working days to be returned to our Warehouse, unless sent via special delivery.
To return an item you need to fill an electronic form provided
here.
Please
print the form obtained by following the steps described in the link
above and send both the invoice, the form and the parcel to:
far-fetch.com Limited / Returns
SEFTON
196 Upper Street
Islington
N11RQ London
If
you wish to use our UPS service for returns and benefit from our
special rates, you need to choose that option when submitting the
return electronically, and we will inform you a suitable pick-up time.
Transport costs will be charged to you.
far-fetch.com Limited will
not accept returns for any non-faulty items that have been worn and
tags removed. Upon receipt of an order, if any item has been received
with no tags, customer should notify us (by phone or e-mail) on the
same day if they wish to return.
We strongly advise all customers
to check garments thoroughly upon delivery before removing any attached
tags and before disposing of any original packaging.
In the event
of any failure to return any goods to us within the stipulated time
limits, even though validly cancelled, we shall have the right to
charge any costs of recovery of the goods.
Please be aware that
international customs duties and sales taxes are NOT refunded for
shipments outside the European Community (EU).
Faulty ItemIf the item you received is faulty, please report so when filling your form
here,
quoting your order number, your name and address, details of the
product and the reason for return, and whether you require a refund or
a replacement. We will then advise on how to proceed with the return.
You have 30 days from receipt of the faulty item to return it to us.
Shipment of wrong itemsIf the item you received is not what you originally ordered, please report so when filling your form
here quoting
your order number, your name and address, details of the product and
the reason for return, and whether you require a refund or a
replacement. We will then advise on how to proceed with the return.
This returns policy does not affect your statutory rights.