The Fableists Terms and Conditions of Use
Please read these terms and conditions carefully before using THE FABLEISTS WEB STORE.
This website is owned and operated by THE FABLEISTS Ltd (The Fableists). VAT reg No: 162 8565 86. Co No: 8287362.
The terms and conditions apply to the use of www.thefableists.com website. By placing an order with us, you are agreeing to accept these terms and conditions (The Conditions).
Please note, these terms and conditions can potentially change at any time, and it is up to you to check these terms and conditions regularly before ordering products in case there are any changes. If you do not agree with the terms and conditions set out below, you should not use or access or website www.thefableists.com.
If you have any queries relating to our terms and conditions, please contact the Customer Service team before placing an order. We suggest you print a copy of these and retain them for your records.
- You warrant that all details you provide to www.thefableists.com for the purpose of ordering or purchasing goods are true, accurate, current and complete in all respects; and that the credit or debit card you are using is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered.
- During the registration process, you must choose a username and password. You are responsible for all actions taken under that username and password and must only purchase from www.thefableists.com under your own username and password. Registration will enable you to have your details retained in our database for future convenience. Non-Registered Users may still browse the Web Site and place orders but payment must be made by debit or credit card at the time of ordering. You must make every effort to keep your password safe and should not disclose it to anyone. If you think someone else might know it, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password. If there are any changes to the details supplied by you it is your responsibility to inform THE FABLEISTS Ltd. as soon as possible.
When becoming a Registered User, you automatically accept to receive details of special offers, promotions and benefits from time to time. You are of course able to elect not to receive e-mails from THE FABLEISTS by updating your details on this site by clicking on "My account" or by informing us by clicking on contact us.
Termination of the agreement between “us” The Fableists and “you” the registered user
THE FABLEISTS reserve the right to end our agreement with you and to suspend or terminate your access to the site immediately and without notice to you if:-
- you fail to make payment to us when due
- you breach any of our terms and conditions
- when requested by us to do so, you fail to provide within a reasonable time frame, enough information to let us to check the accuracy and validity of any information supplied by you, or your identity
- we suspect you have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity on www.thefableists.com
Your responsibilities if you break these Conditions
- You agree that if you break these Conditions, or any liabilities are incurred arising out of your use of this website, you will be responsible for the costs and expenses that we or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable). You will remain liable if someone else uses your shopping account and/or personal information unless you can prove that such use was fraudulent.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
We reserve the right to:
- modify or withdraw, temporarily or permanently, this Website (or any part thereof) 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; and/or
- 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. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
Third party links
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
FORMATION OF CONTRACT
- When placing an order, you agree that any and all information given is accurate and complete.
- All orders are subject to acceptance and product availability.
- Availability information for products is listed on each individual product description. If www.thefableists.com does not have enough stock to deliver the goods you have ordered, we will not charge your credit or debit card until the items are back in stock and ready to be despatched.
- All prices listed on www.thefableists.com are correct at the time of entering the information; however, we reserve the right to change prices of any product at any time.
- We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form.
- This confirmation email will be sent to the email address given in your order form and will detail products ordered, payment method, cost (including VAT and P&P) and usual delivery times.
- Our acceptance of your order brings into existence a legally binding contract between us. All contracts are concluded in English.
- If your order has not been accepted, you will receive an email from us telling you the reasons why.
- Discount vouchers, codes and offers cannot be used on sale products.
- All “standard” and “next day” delivery options are for the UK only. UK delivery excludes Northern Ireland.
- The delivery period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order. If you are ordering more than one item, your goods may be sent to you in instalments if certain items are out of stock.
- For all orders that have chosen the “standard mail” delivery option of 3-5 days, once the garments ordered have been packaged and despatched, THE FABLEISTS are no longer responsible for these garments in transit.
- For all orders that have chosen the “next day” delivery option, if you fail to take delivery of the Goods or fail to give THE FABLEISTS Ltd adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control or by reason of THE FABLEISTS Ltd`s fault) then, without prejudice to any other right or remedy available to THE FABLEISTS Ltd, THE FABLEISTS Ltd may: store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage and re-delivery.
- If your delivery address is outside of the UK, you may have to pay import duties and taxes, which are levied once a shipment reaches your country. You must meet any additional charges for customs clearance. Please note, customs policies vary widely from country to country. We recommend you contact your local customs office for further information.
- THE FABLEISTS cannot be held responsible for duty charged by your country. You will be responsible for all additional charges or something
- Please note international shipments may be subject to cross-border inspections by customs authorities.
Prices and VAT
- All prices on THE FABLEISTS WEB STORE are given in British Pounds Sterling (£).
- All prices are shown inclusive of UK sales tax (VAT) at the current rate (0% rated for all children’s clothing, 20% for Membership Package) but exclusive of delivery costs.
- Customers outside the E.U. will not be charged V.A.T on their purchases but may be liable to their own countries duties when the items enter the destination country.
- You must pay at the time of the order. The price of any product is the price in force at the date and time of your order. We may change the price of any product before you place an order. We will inform you if a product’s correct price is higher than that stated in your order and you may cancel the order.
- www.thefableists.com accept most major credit/debit cards:
- All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
RETURNS POLICY, YOUR RIGHT TO CANCEL AND REFURNS POLICY
Cancelling an Order
- If you haven’t submitted an order, you may clear the items in your shopping basket at any time by clicking the ‘Remove’ button next to the product you do not wish to purchase in your shopping basket.
- If you have placed an order but then wish to change or cancel it, please contact us as soon as you can, as orders move rapidly through to our warehouse.
- If you have already received a despatch notice and the order has already been processed you will have to wait until you receive the order and then follow the normal Returns procedures.
Returns Procedure - Refunds
If you are unhappy with our products in any way, they can be returned or exchanged provided that they are in unused condition and have all tags in place.
- If you wish to return your item and receive a full refund, items need to be returned and reach us within 30 days of being received by you.
- We will only accept returns provided that the goods in question are returned by you and received by us in the condition they were in when delivered to you.
- If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
- We will not accept returns for any non-faulty items that have been worn and/or tags removed.
Returns Procedure - Exchanging
- Subject to stock availability, we will exchange items that are returned to us within 30 days of being received by you. Please advise us upon receipt of your purchase if you wish to exchange. Please note that return postage costs incurred in an exchange are payable by you. Once this is received the new item will be posted immediately.
- Returns of faulty items will only be accepted if the goods were faulty when delivered to you, we at THE FABLEISTS take every effort to check your purchase thoroughly for any faults before sending them out to you. All items returned as faulty will be inspected on receipt and any items deemed to subject to fair wear and tear will not be accepted as faulty.
- We will replace a faulty item if a replacement is in stock and available. If you wish to be sent a replacement, please make your request clear when contacting firstname.lastname@example.org about the fault.
- Returns of faulty goods must be returned to us within 30 days of being received by you.
- In case we cannot offer you a replacement, you will have the choice of receiving a refund to the value of the item at the time of purchase and any shipping costs incurred.
General Returns & Exchanges information
- Returns & exchanges received outside the above time frames will not be accepted. For all returns, except where the item is faulty, you will be required to arrange and pay for the return of the products to us. Please be aware that international customs duties and sales taxes are not refunded for shipments outside the European Community (EC).
- We will only accept returns provided that the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you. We will not accept returns for any non-faulty items that have been worn and/or tags removed.
- Upon receipt of an order, if any item has been delivered with no tags, you should notify us by email on the same day. We strongly advise all customers to check garments thoroughly upon delivery before removing any attached tags and before disposing of any original packaging.
We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.
When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. We may also collect, and our third party providers of advertisements and content may collect, information about where you are on the internet (eg the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website ("User Information"). We may collect this information even if you do not register with us.
You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service, or be used to present you with Fableists products which are relevant to your browsing history when you visit other websites.
We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office. We use your information only for the following purposes:
- Processing your orders;
- For statistical or survey purposes to improve this Website and its services to you;
- To serve website content and advertisements to you;
- To administer this website;
- If you consent, to notify you of products or special offers that may be of interest to you.
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
When you create a shopping account while ordering online you will be given the option to receive information from The Fableists by e-mail about products, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes you may unsubscribe from our mailing list at any time by clicking on the word “unsubscribe” in any of the promotional e-mails you receive from The Fableists.
Your Personal Information may be disclosed to the reputable third parties who will help us process your order. The Fableists requires all such third parties to treat your personal information as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation from time to time in place. We will not release your Personal Information to any company outside of the The Fableists processing chain for mailing or marketing purposes.
You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.
When entering any of our contests or prize draws, you provide your name, email address and mailing address. If you win, we will send the prize to the address entered and notify you by email. When you enter a contest or prize draw, you are also included in our newsletter list to receive notice of promotions, specials and new additions to the Website. You may unsubscribe from this news list by following the unsubscribe instructions in any email received.
- We do not accept liability (except as set out below) for any errors and/or omissions contained in our website and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice.
- We shall be under no obligation to fulfil an order for a product that was advertised at an incorrect price. In the event that you order an item and the price published on www.thefableists.com is incorrect for any reason, we will email you to inform you that we have not accepted your order, and that your order has been cancelled. You will be advised of the correct price of the subject product. You may re-order it if you wish. If you have already paid for the goods in the circumstances described in this clause, we shall refund the full amount within 30 days of the date of order.
- In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify us of the problem in writing at the address stated in the confirmation email within 10 working days of delivery of the goods plus return the goods to us, unless we inform you that return is not necessary. This provision does not affect your statutory rights.
- We have taken every measure to provide accurate product images for each product for sale on the site. However, due to a number of different factors such as Internet browsers, monitor colour contrasts etc, we cannot be held responsible or liable for any differences in colour between the image and the actual product.
- The products sold on www.thefableists.com are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from www.thefableists.com.
- We have taken every measure to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the unlikely event of a breach in our secure computer servers.
- We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
- 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 and 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. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
- 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 conditions for:
- Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); 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 the Conditions.
- Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees
This website, these terms and conditions and any contract entered into as a result of usage of this website are governed by and construed in accordance with English Law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales.
AVAILABILITY AND DELIVERY
We aim to deliver your order by the delivery date set out in the Shipping Confirmation or, if no delivery date is specified, within a reasonable time of the date of the Shipping Confirmation. If the Product(s) are not delivered within 25 days of the Order Acknowledgement, you are entitled to cancel the Contract and be refunded for any amounts paid by you.
All rights, including copyright, in this website are owned by or licensed to THE FABLEISTS 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 the permission of THE FABLEISTS Ltd. You may not modify, distribute or re-post anything on this website for any purpose.
All rights, including copyright, in the website are owned by or licensed to The contents of these pages are copyright THE FABLEISTS Ltd. You may only download the material and content contained within this site for the purpose of using this site and any other use of the material and content of this site is strictly prohibited, without our prior consent in writing. By your use of this site you agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. None of the content of this web site may be copied or otherwise incorporated into or stored in any other design, logo, web site, electronic retrieval system, publication or other work in any form (whether hard copy, electronic or other). For the avoidance of doubt, linking to or framing of this site or any part of it is not permitted without express permission.
Should a product be listed at an incorrect price due to typographical error or error in pricing information, taxes or duty changes, we have the right to refuse or cancel any orders listed at the incorrect price. If your credit/debit card has been charged and we cancel your order & we will immediately issue a credit to your credit/debit card account in the value of the amount taken, including delivery charges.