§1 Introduction
§2 B2B Customers
§3 Definitions
§4 Use of Website
§5 Registration
§6 Order Process
§7 Payment
§8 Delivery
§9 Returns, Cancellations and Substitutions
§10 Liability and indemnity
§11 Intellectual property
§12 Licensing Agreement for Design Upload Hub
§13 Force Majeure
§14 Privacy Policy
§15 Third Party Rights
§16 Whole Agreement
§17 Language, governing law and jurisdiction

§1 Introduction

Please read these terms and conditions carefully before using the FASHION FOR HOME. website, which is operated by fashion4home Limited (Company Number: SC377466) of Erskine House, 68 Queen Street, Edinburgh EH2 4NN, who act as agents for Club of Style Hongkong Corporation Ltd. of Hong Kong.

fashion4home Limited, who operate this Website, act as agents for Club of Style Hongkong Corporation Ltd. of 36th Floor, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong; any order you place via this Website will be placed with Club of Style, your contract to purchase any of the Products will be with Club of Style, who will manufacture the Product in question to your order, and any potential claims that you may have under or in connection with such a contract will be against Club of Style. These Conditions shall be governed by the laws of Scotland and you irrevocably agree to submit to the non-exclusive jurisdiction of the Scottish courts.

By accessing and/or using this website, you agree to be legally bound by these Conditions.

If you have any other queries on how to use this site, please phone 0845 089 64 65 (lines open Monday to Friday from 8:00 - 18:00). You can also email us at service@fashionforhome.co.uk with a brief outline of your problem here.

Details of procedures, products, services, prices, payment and delivery are displayed on our website. If you choose to place an order, you will be given clear instructions on how to navigate our simple on-line order process and you will be required to provide us with your accurate personal details.

Please:
1. Read through these terms and conditions carefully before using this website.

2. Please print a copy for future reference, you can do this here

3. Read our privacy policy section regarding your personal information.

If you have a comment, concern or complaint about a product or service you have purchased from us, please contact us via email at service@fashionforhome.co.uk (preferred) or by post at fashion4home Limited, Erskine House, 68 Queen Street, Edinburgh, EH2 4NN.

§2 B2B Customers

All Terms and Conditions, specifically right of return, cancellation, and warranty referred to in the following Website Terms and general sales Terms and Conditions apply to goods sold through the website and its checkout function provided by fashion4home including telephone orders made through the secure payment provider. B2B customers and orders made outside of the normal checkout process will be subject to specific Terms and Conditions to be agreed upon between Club of Style Hong Kong, their UK agents fashion4home Limited and the customer.

§3 Definitions

'Conditions' means these terms and conditions in their current form;

‘FASHION FOR HOME’ and ‘we/us/our’ mean fashion4home Limited (Registered Number SC377466) whose registered office is at Erskine House, 68 Queen Street, Edinburgh EH2 4NN;

‘Club of Style’ means Club of Style Hongkong Corporation Ltd. of 36th Floor, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong;

‘Personal Information’ means any Personal Data that we may hold about you from time to time;

‘Privacy Policy’ means the privacy policy referred to in these Conditions in its current form;

‘Product’ means a product displayed for sale on the Website;

'United Kingdom' means England, Wales, Scotland, Northern Ireland and the Channel Islands;

'Website' means the website located at www.fashionforhome.co.uk or any subsequent URL which may replace it or sit alongside it;

'you/Buyer/User' means a user of the Website;

'Designer' means user and contributor to Design Upload Hub

'Working Day' means Monday to Friday (excluding public holidays in Scotland).

'Special Order' means an order which falls outside of the standard on-screen items eg. other fabric types or designs.

§4 Use of Website

We attempt to ensure that the information available on the Website at any time is accurate. However, we will not be liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware, or being notified of, these.

Products, prices and offers are only valid at the time they are published on the Website. All images should be used only as a guide or representation of the Product shown.

All drawings, descriptive matter and specifications of Products on the Website are for the sole purpose of giving an approximate description of the Product in question.

We reserve the right to:
4.1 change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content, or to restrict access to parts or all of the Website without notice;

4.2 modify or withdraw this Website (or any part thereof), either temporarily or permanently, with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website;

4.3 change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed;

4.4 change product specifications, product prices, and product availability at any time. All prices and descriptions supersede all previous publications. All product descriptions are approximate. Every effort is made to keep information regarding product availability on the Website up to date. However, we do not guarantee that this is the case, or that individual Products will always be available.

§5 Registration

By registering with the Website you warrant that:
5.1 You are 18 years of age or more;

5.2 the personal information which you are required to provide when you register is true, accurate, current and complete in all respects;

5.3 you are not impersonating any other person or entity and

5.4 you will notify us immediately of any changes to your personal information by e-mailing or telephoning our customer service representatives.

If you are under 18, please ask an adult to register and contract with us on your behalf. By registering and offering to purchase goods, you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

§6 Order Process

fashion4home Limited, who operate this Website, act as agents for Club of Style Hongkong Corporation Ltd. of Hong Kong; any order you place via this Website will be placed with Club of Style, your contract to purchase any of the Products will be with Club of Style, who will manufacture the Product in question to your order, and any potential claims that you may have under or in connection with such a contract will be against Club of Style. These Conditions shall be governed by the laws of Scotland and you irrevocably agree to submit to the non-exclusive jurisdiction of the Scottish courts.

6.1 All the Products offered for sale on this Website will, if purchased, be made specifically to your order; the usual statutory rights of cancelling an order for prefabricated goods will therefore not apply. We nonetheless offer a 7 day cancellation period after you have placed your order (see 8.2 below for details)

6.2 Please also note that, because each Product purchased will be made specifically to your order, average delivery times are longer than usual, i.e. the Products may take 8-14 weeks to arrive with you.

6.3 Your order will only be accepted if received from within the United Kingdom and from a person aged 18 or over.

All orders are subject to acceptance and availability. If any Products ordered are unavailable, you will be notified by e-mail, and you will have the option either to wait until the item is available again or to cancel your order. It is your responsibility to provide us with a valid e-mail address so that we can contact you if necessary. Any orders placed by you will be treated as an offer to purchase the Products from us and we have the right to reject such offers at any time prior to acceptance.

6.4 You shall be responsible for ensuring the accuracy of the details provided on the order form and we will not accept an order unless all details requested on the order form have been entered correctly. However, you will be given the opportunity to amend any details of your order, once this has been accepted.

6.5 You acknowledge that any automated acknowledgement of your order that we may send to you shall not amount to our acceptance of your offer to purchase Products advertised on the Website.

6.6 The conclusion of a contract between you and us, acting as agents for Club of Style, will take place when we accept your order by debiting your credit or debit card or payment account and notify you via email that this has been done.

6.7 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third-party procures unauthorised access to any data you provide when accessing or ordering from the Website.

6.8 Each item purchased is sold subject to these Conditions, including, without limitation, any Conditions concerning estimated delivery times and any warranties. Please ensure that you read all the relevant terms.

6.9 We reserve the right to refuse any order placed by you and will not be required to provide an explanation.

§7 Payment

7.1 All prices are inclusive of VAT (where applicable) at the current rate and are correct at the time of entering the information onto the system. Prices quoted are for delivery within the United Kingdom only and are in Pounds Sterling.

7.2 Delivery charges are inclusive of VAT and vary according to Customer's location.

7.3 We reserve the right, by giving notice to you, the Buyer, at any time before delivery to increase the price of the Product to reflect any increase in the cost to Club of Style, which is due to any factor beyond their control (such as without limitation, an increase in the rate of VAT, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture).

7.4 In the unlikely event of there being such an increase in the price of the Product you, the Buyer, shall be entitled to cancel the order at any time before delivery.

7.5 In the unlikely event that the price or description of a Product has been incorrectly advertised, we will contact you by e-mail, telephone or post to ask whether you wish to proceed with your order with the correct price or description. If you are not happy to proceed, or if we are unable to obtain your instructions, we will cancel the order. Unless we have already despatched or commenced performance of your order, we will not be obliged to supply the Product at the incorrect price or based on an incorrect description.

7.6 Payment can be made by any major credit or debit card or through an electronic payment account as explained on the order form.

7.7 Payment will be debited and cleared from your card or account at the time when your order is accepted.

7.8 By placing an order, you, the Buyer, consent to payment being charged to your debit/credit card account or electronic payment account as provided on the order form.

7.9 We will issue you with an electronic receipt to your e-mail address once your debit/credit card account or electronic payment account has been debited/charged with the appropriate amount.

7.10 When you pay for your order by credit or debit card, we carry out checks or 'authorisations' with the card issuer for security reasons. Should any problems occur with the authorisation of your card, we will contact you with further details.

§8 Delivery

8.1 Products will be delivered to you, the Buyer, at the address provided by you on the order form, and you shall be contacted prior to delivery in order to arrange a delivery date and time.

8.2 Failure to accept the Product at the arranged time may incur a fee of up to 25 pounds. A redelivery charge may also be applied in some cases.

8.3 Please note it is the Buyer’s responsibility to check the packaging and Product upon delivery to ensure the Product is in a satisfactory and acceptable condition prior to signing the delivery consignment sheet. Signing of the consignment sheet confirms all Products have been received in an undamaged condition. Unfortunately refunds or replacement products cannot be awarded in such instances.

8.4 It is Buyer's responsibility to ensure that the items fit through doors and can be placed inside the home. Buyer will be liable for all carriage costs and delivery charges if Product(s) ordered cannot be delivered inside the home.

8.5 Saturday delivery is possible by special prior arrangement and an additional flat fee of 10 pounds payable in advance to Customer Service. Failure to accept on a Saturday will incur a 25 pound fee.

8.6 We can deliver to an address other than the billing address, but please note that extra documentation may be needed to comply with such orders.

8.7 All Products must be signed for on delivery by an adult aged 18 years or over.

Ownership in the Products you have ordered, and the risk of accidental damage or destruction, will pass to you on delivery.

8.8 Any dates quoted for delivery of the Products are approximate only and we shall not be liable for any delay in the delivery of any Products however caused. If, however, we are unable to deliver the Products by the date quoted for delivery, you, the Buyer, shall be entitled to cancel the order at any time before delivery takes place.

§9 Returns, Cancellations and Substitutions

9.1. Returns

If you are not happy with your standard purchase after receiving it into your home for any reason, you can return the Product to us and we will refund to you the full amount paid to your card or account.

Special Orders or orders of Items which are not standard eg. items with different fabric finishes, different fixtures, or other features specifically requested by Buyer and not visible on Website are excluded from the free returns offer. Returns of such items may be liable for full carriage costs and a handling fee of up to 20%.Your normal statutory rights are in no way affected by this.

It is the Buyer's responsibility to ensure that the items fit through doors and can be placed inside the home. Buyer will be liable for all carriage costs and delivery charges if Product (s) ordered cannot be delivered inside the home.

To make a return Buyer must inform Customer Service by e-mail or post and return the Product within 30 days of the date of delivery and receipt in to the home. We will notify our logistic partner who will contact you by phone and book a collection appointment. In some postcodes collection may take up to 14 working days.

The Product must be returned in an unused condition and in the original undamaged packaging (or packaging of the same quality) for a full refund. All Products will be inspected upon receipt, any repairs or damages, stains or other signs of use will be deducted from the refund price.

A collection appointment must be made within 30 working days of delivery.

You should allow up to 30 days from receipt by us of the returned Product for your refund to be processed. We will normally refund you by using the same payment method that you used to purchase the Product. Postage and packaging charges may apply in some cases. This does not affect your statutory rights.

9.2. Cancellation

Please note that all the Products offered for sale on our Website will, if purchased, be made specifically for your order, and the usual statutory rights of cancelling an order for pre-fabricated goods will therefore not apply.
If you do wish to cancel an order, you must notify us either by sending an e-mail to service@fashionforhome.co.uk, or by sending a letter to fashion4home Limited Erskine House 68 Queen Street Edinburgh EH2 4NN and we will refund to you the amount that you paid for that item.
You should allow up to 30 days from receipt by us of the notification of your cancellation for your refund to be processed. We will normally refund you by using the same payment method that you used to purchase the Product. This does not affect your statutory rights.

9.3. Damaged and faulty goods

Great care is taken to ensure that the Products are made to a high standard, and we employ professional carriers. Nevertheless, you must examine the Products on arrival before signing for them. It is the Buyer’s responsibility to check the packaging and Product upon delivery. Signing of the consignment sheet confirms all Products have been received in an undamaged condition. Unfortunately refunds or replacements products cannot be awarded in instances where a damaged product is signed for by the Buyer.

We will refund the full purchase price, including postage and packing, of any item which is delivered in a damaged condition, or faulty condition, or which develops a fault within 3 months from the date of delivery (other than damage caused by normal wear and tear, misuse or failure to follow instructions).

Alternatively, you have the option to request that we replace the item concerned with the same or a similar product which, again, will be made to order for you (subject to availability of the design in question).

If a Product is delivered damaged or faulty, please contact us and supply photos no later than within 24 hours of the date of delivery, or of the fault developing, whichever is the case, and we will arrange for a refund or replacement, as you request.

Sometimes the product specifications from the manufacturer may change, in which case, if you request a replacement, we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement, you can return it in accordance with our returns policy as outlined under clause 8.1 above.

Please allow 21 days from receipt by us of the returned item for your refund to be processed, or the usual 8-14 weeks for a replacement item to be made and despatched.

We reserve the right to refuse to issue a refund/provide a replacement item and to recover the cost of the returns delivery from you in the event that the returned item is found to have suffered damage after delivery to you, or has been misused or used other than in accordance with the instructions, or if the problem is due to normal wear and tear. This does not affect your statutory rights.

§10 Liability and Indemnity

Notwithstanding anything to the contrary contained in these Conditions, nothing in these Conditions shall affect or limit your statutory rights as a consumer or shall exclude or limit our liability, or the liability of Club of Style, for death or personal injury resulting from our, or their, negligence.

In the event of any failure by Club of Style or fashion4home to comply with their obligations to you, then they shall only be liable for losses which they could reasonably foresee would result from such failure. They shall not be responsible for losses that result from their failure to comply with their obligations to you if and to the extent that they fall into any of the following categories (i) loss of income or revenue; (ii) loss of business; (iii) loss of anticipated savings; (iv) loss of data or (v) any loss which is not reasonably foreseeable; Provided that this clause does not exclude or limit in any way their liability for (a) death or personal injury caused by their negligence; (b) fraud or fraudulent misrepresentation; (c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979; (d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or (e) any other matter for which it would be illegal or unlawful for them to exclude or attempt to exclude their liability.

The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties, 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, condition or completeness, or any implied warranty arising from a course of dealing or usage or trade custom.

You must bear the risk associated with the use of the Internet, and we refer you to our Privacy Policy with regard to any matters concerning Data Protection and privacy.

We will use reasonable endeavours to verify the accuracy of any information on the Website but make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the contents or availability of the Website, or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.

Both, Club of Style and FASHION FOR HOME, will use all reasonable endeavours to carry out their obligations within a reasonable period of time but will not be liable to you, the Buyer, for any loss, costs or expenses arising directly or indirectly from any delays in doing so, and they will not be deemed to be in breach of these Conditions by reason of any delay in performing, or any failure to perform, any of their obligations in relation to these Conditions, if the delay or failure was due to any cause beyond their reasonable control.

You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your Personal Information with your authority.

§11 Intellectual Property

The Website and its content are protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.

You may download or copy the content and other downloadable items displayed on the Website subject to the condition that such material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.

You further acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

No licence is granted to you in these Conditions to use any trade mark of www.fashionforhome.co.uk or Club of Style or any of their affiliated companies.

Goods sold by us may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.

§12 Licensing Agreement for Design Upload Hub

12.1 By accessing and/or using the Design Hub Upload, Designer warrants and represents that Designer is the sole creator of the Design and Design specification, and that to the best of his/her knowledge his/her Designs and/or Art provided to Club of Style do not directly or indirectly infringe or misappropriate domestic or foreign intellectual property rights of third parties, or otherwise violate any rights of third parties.

12.2 After a successful transfer from "Vote", and before the Design is placed in the on-line "Store" for sale designer must agree to, and sign a licensing agreement with Club of Style, where, amongst other conditions, the rate of Designer’s commission to be paid will be agreed upon. If such an agreement is not reached or confirmed by both parties, all Designer’s submission(s) and information held by Club of Style will be removed from the system and all rights will return to Designer.

12.3 Designer grants to Club of Style, and its agent fashion4home Limited, an exclusive license for the duration of the licensing agreement to manufacture, market, advertise, distribute and sell the design worldwide in any sales channel including its website.

§13 Force Majeure

We shall have no liability for delays or failures in delivery or performance resulting from force majeure, including but not limited to, war, demands or requests of government authorities, strikes, shortages of labour, fuel, power, raw materials, late or defective performance or non-performance by suppliers, transportation disruptions, inability to ship or other causes, beyond our reasonable control.

§14 Privacy Policy

You can find full details of our Privacy Policy on the Website.

§15 Third Party Rights

Except for Club of Style, our and their affiliates, directors, employees or representatives, a person who is not a party to these Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

§16 Whole Agreement

If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected.

§17 Language, Governing Law and Jurisdiction

This Website, any content contained herein and any contract brought into being as a result of the use of this Website are governed by and construed in accordance with law of the jurisdiction specified in the clause below and the parties to any such contract agree to submit to the non-exclusive jurisdiction of the courts as specified. All contracts are concluded in English. These terms and conditions do not affect your statutory rights.

This Website is controlled and operated in the United Kingdom.

These Conditions shall be governed by the laws of Scotland and you irrevocably agree to submit to the non-exclusive jurisdiction of the Scottish courts.