§2 B2B Customers
§4 Use of Website
§6 Order Process
§9 Returns, Cancellations and Substitutions
§10 Liability and indemnity
§11 Intellectual property
§12 Licensing Agreement for Design Upload Hub
§13 Force Majeure
§15 Third Party Rights
§16 Whole Agreement
§17 Language, governing law and jurisdiction
Please read these terms and conditions carefully before using the FASHION FOR HOME website, which is registered in Scotland and operated by fashion4home Limited (Company Number: SC377466) of Erskine House, 68 Queen Street, Edinburgh EH2 4NN, who act as agents for fashion4home GmbH of Berlin, Germany. Our VAT number is 159 7675 49.
fashion4home Limited, who operate this Website, act as agents for fashion4home GmbH of Köpenicker Straße 90 1079 Berlin, Germany; any order you place via this Website will be placed with fashion4home GmbH, your contract to purchase any of the Products will be with fashion4home GmbH, 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 fashionforhome GmbH. 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 11:00 – 16:00). You can also email us at firstname.lastname@example.org with a brief outline of your request 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.
1. Read through these terms and conditions carefully before using this Website.
2. Please save or print a copy for future reference, you can do this here
If you have a comment, concern or complaint about a product or service you have purchased from us, please contact us via email at email@example.com (preferred) or by post to our global headquarters at:
§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 fashion4home GmbH, their UK agents fashion4home Limited and the customer.
‘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;
‘fashion4home GmbH’ means fashion4home GmbH of Köpenicker Straße 90 10179 Berlin, Germany;
‘Personal Information’ means any Personal Data that we may hold about you at any time;
‘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 England).
‘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 use all reasonable endeavours 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 accurate 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 products, 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. We shall use our reasonable endeavours to ensure that the prices as quoted on our site are correct. Information displayed on this site relating to pricing is subject to change by us without notice. Information on this site relating to availability is subject to change by us without notice. We cannot guarantee permanent or continuous availability of all products on this site. All orders are subject to availability at all times.
By registering with the Website you warrant that:
5.1 You are 18 years of age or older;
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.
5.5 If you are under 18, please ask an adult to register a 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 (including updated information) and/or 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 fashion4home GmbH of Berlin, Germany; any order you place via this Website will be placed with fashion4home GmbH, your contract to purchase any of the Products will be with fashion4home GmbH, 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 fashion4home GmbH. 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 Most Products offered for sale on this Website will, if purchased, be made specifically to your order; Please see information about your right to cancel in Clause 9 below.
6.2 Please also note that, as most Products 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.
6.4 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 or alternative contact details 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.
6.5 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.
6.6 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.
6.7 If you submit an order for goods and/or services via this site, your order is an offer to us to buy the goods and/or services on our website. We will acknowledge receipt of your order by sending you an automatically generated email acknowledging your order. The conclusion of a contract between you and us, acting as agents for fashion4home GmbH, will take place when we accept your order by debiting your credit card, debit card or PayPal account and notify you that this has been done via an automated email. The contract will relate only to those specific goods and/or services which are referrred to in our email confirming our acceptance of your order. You should read and check the details in this email to ensure that they are correct. If the details in the email confirming your order are not correct, or if you are not satisfied with the details in the email, please contact us at firstname.lastname@example.org
6.8 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.
6.9 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.
6.10 We reserve the right to refuse any order placed by you and will not be required to provide an explanation.
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 standard delivery within the United Kingdom, excepting locations which are excluded from the standard delivery areas and would therefore incurr a delivery charge. Prices quoted are for delivery within the United Kingdon only and are in Pounds Sterling.
7.2 Delivery is free, excluding locations which are excluded from the standard delivery areas. Please see Clause 8 for more detailed information. All delivery prices 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 fashion4home GmbH, which is due to any factor beyond our 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 dispatched 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, debit card or PayPal 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, checks or ‘authorisations’ are carried out with the card issuer for security reasons. Should any problems occur with the authorisation of your card, we will contact you with further details.
8.1 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 for larger items. Small items will be delivered via parcel service.
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. If damage to the packaging or product has occurred, please note such damage on the proof of delivery form or refuse to accept the delivery, if the packaging is badly damaged, in order to retain your rights to be reimbursed.
8.4 It is the Buyer’s responsibility to ensure that the items fit through doors and can be placed inside the home prior to placing their order. 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. An additional fee will be payable in advance to Customer Service, should you wish to avail yourself of this premium service. Two person delivery will cost an additional fifty pounds, one man deliveries are availalbe for an additional fee of 25 pounds. 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.
8.8 Ownership in the Products you have ordered, and the risk of accidental damage or destruction, will pass to you on delivery.
8.9 All prices and descriptions supersede all previous publications. All product descriptions are approximate. We shall use our reasonable endeavours to ensure that the prices as quoted on our site are correct. Information displayed on this site relating to pricing is subject to change by us without notice. Information on this site relating to availability is subject to change by us without notice. We cannot guarantee permanent or continuous availability of all products on this site. All orders are subject to availability at all times. 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.
8.10 Standard delivery is free for orders over £75. Orders under £75 will attract a delivery charge of £7.50. Please note, an additional delivery charge will apply for non-standard delivery areas.
§9 Refunds, Returns, Cancellations and Substitutions
Returns Policy – Cooling Off Period
You have the right to cancel the purchase of a good without having to give a reason at any time within the “cooling-off period” of seven business days, beginning on the day after you receive the goods.
If you return the goods to us because you have cancelled the purchase within the seven-day cooling-off period, we will process the refund due to you as soon possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the goods in full, including the cost of sending the item to you, except in cases when the items must be collected from locations which are excluded from the standard delivery areas. Please click here for more details.
If you wish to cancel the contract, you must notify us of your cancellation in writing or in another durable medium to our contact email address email@example.com or at our postal address.
If you are in possession of the goods, you are under the duty to retain them and take reasonable care of them. We will notify our delivery partner, who will contact you in order to organise an appropriate time to collect the goods from you. You must make the goods available for collection. In some postcode areas collection may take up to 14 business days.
We will refund any money received from you using the same method originally used by you to pay for your purchase.
If you are not satisfied with your standard purchase for any reason after receiving it into your home within the cooling-off period, please contact us to organise collection of the product. We will refund the full amount to the credit card, debit card or PayPal account you originally used to make the purchase as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. We will refund the price of the goods in full, including the cost of sending the item to you, except in cases where the items must be collected from locations which are excluded from the standard delivery areas.
We will notify our logistic parnter, who will contact you by phone to book a collection appointment. In some postcode areas collection may take up to 14 days.
A collection appointment must be made within 30 days of delivery.
In the unlikely event that the product is delivered with damage or a defect, we will:
a. provide a full refund for any goods that are damaged in transit or are defective, if this is within a reasonable time following the sale; or
b. repair or replace the goods at our cost (including the cost of delivery), unless this would not be possible or would be disproportionately costly in the circumstances, in which case we will refund to you the amount paid by you for the goods in question.
We will refund any money received from you using the same method originally used by you to pay for your purchase and will do so as soon as possible and, in any case, within 30 days of the day we confirm to you via email or telephone that you were entitled to a refund for defective goods.
While you do not need to give us any reason for cancelling your contract and nor will you have to pay any penalty, it is essential that you return the goods to us in the same condition in which you received them. If you are in possession of the goods you are under the duty to retain them and take reasonable care of them.
Please note that the Products offered for sale on our Website may, if purchased, be made specifically for your order.
You have the right to cancel the purchase of a good without having to give a reason at any time within the “cooling off period” of seven working days, beginning on the day after you receive the goods and in the case of services, beginning on the day after you purchase the services.
Please be aware that you will lose your right to cancel a contract for the provision of services during the cooling-off period once we have commenced activation of the services or you use the services, whichever is the earlier.
If you do wish to cancel an order, then you must notify us either by sending an e-mail to firstname.lastname@example.org, or by sending a letter to our head office at fashion4home GmbH, Köpenickerstraße 90, 10179 Berlin, Germany. Once you have notified us that you wish to cancel the contract, any sum debited to us from your credit card, debit card or PayPal account will be credited to your account as soon as possible and, in any event, within 30 days of your cancellation.
If you are in possession of the goods you are under the duty to retain them and take reasonable care of them. It is essential that the goods are returned to us in the same condition in which you received them.
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.
We will refund the full purchase price, including postage and packing where applicable, of any item which is delivered in a damaged 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 damaged or faulty, please contact us at once and 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. Please note: You will be required to submit photographic evidence, along with our claims form prior to this request being processed.
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. Our returns policy, as outlined in clause 9 above still applies.
Please allow 30 days from receipt by us of the notification of your cancellation 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.
9.4 Cancellations by us
We reserve the right to cancel the contract between us if, for example;
-we have insufficient stock to deliver the goods you have ordered;
-We do not deliver to your area; or
-one or more of the goods you ordered was listed at an incorrect price, due to a typographical error or an error in the pricing information received by us from our suppliers.
If we do cancel your contract, we will notify you by email and will credit your credit card, debit account or PayPal account the sum deducted by us from your credit, debit card or PayPal account as soon as possible but in any event within 30 days of your order.
§10 Liability and Indemnity
10.1 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 fashion4home GmbH, for death or personal injury resulting from our, or their, negligence.
10.2 In the event of any failure by fashion4home GmbH or fashion4home to comply with their obligations to you, then we shall only be liable for losses which we could reasonably foresee would result from such failure. We shall not be responsible for losses that result from failure to comply with our 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.
10.3 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.
10.5 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.
10.6 Both, fashion4home GmbH 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.
10.7 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 or without your authority.
We are not responsible if you cannot access the site properly or at all because of any event outside our control, for example (without limitation) the performance of your or our ISP, your browser or internet.
This site relies in part on software to work. Whilst we will monitor the site, we cannot guarantee that the site or any individual feature of the site will be error free, available all the time and/or free from viruses. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
§11 Intellectual Property
11.1 The Website and its content are protected by copyright, trademarks, 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.
11.2 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.
11.3 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.
11.4 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.
11.5 No licence is granted to you in these Conditions to use any trade mark of www.fashionforhome.co.uk or fashionforhome GmbH or any of their affiliated companies.
11.6 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 fashion4home GmbH 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 Before the Design is placed in the online “Store” for sale, the designer must agree to and sign a licensing agreement with fashion4home GmbH, 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 fashion4home GmbH will be removed from the system and all rights will return to Designer.
12.3 Designer grants to fashion4home GmbH, 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
13.1 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.
§15 Third Party Rights
15.1 Except for fashion4home GmbH, 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
16.1 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
17.1 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. We store the contract´s content and will send you the details of your order via email. The details about your recent orders you will find in your customer login. These terms and conditions do not affect your statutory rights.
17.2 This Website is controlled and operated in the United Kingdom.
17.3 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.
18.1 If any part of these terms in unenforceable, the enforceability of any other part of these terms will not be affected.
18.2 All notices you send us must be sent to the contact details on this site. We may give notice to you at either the email or postal address you provide to us when making a purchase. [Notice will be deemed received and properly served 24 hours after an email is sent or three days after the date of posting of any letter.] In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email, that the email was sent to the specified email address of the addressee.
Last updated 23rd September, 2013
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