FAUXQUET

Terms & Conditions of Sale

Our Terms and Conditions of Sale

Updated January 2021

These terms and conditions are the contract between you and FAUXQUET (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them. 

They are based on a set written by Net Lawman and released under licence. They protect your rights as well as ours.

I / We are Fauxquet. Our address is The Woodlands, Needham Market, Suffolk, IP6 8RS.

You are: Anyone who uses Our Website.

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.

The terms and conditions:

1. Definitions

In this agreement:

“Carrier”means any person or business contracted by us to carry Goods from us to you.

“Content”means any content in any form published on Our Website by us or any third party with our consent.

“Goods”means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.

“Our Website”means any website of ours, and includes all web pages controlled by us.

“Post”means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly.

2. Interpretation

In this agreement unless the context otherwise requires:

2.1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.

2.2. these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.

2.3. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;

2.4. [except where stated otherwise], any obligation of any person arising from this agreement may be performed by any other person;

2.5. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.

2.6. the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;

2.7. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.

2.8. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, [such cost calculated £50 per hour].

2.9. these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.

2.10. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

3. Our contract with you

3.1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.

3.2. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.

3.3. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

3.4. [Because we rely on our suppliers, we / We] do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.

3.5. The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.

3.6. If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.

3.7. We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.

4. Acceptance of your order

4.1. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Goods to you. [At any point up until then, we may decline to supply the Goods to you without giving any reason].

4.2. At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason.

4.3. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:

4.3.1 accept the alternatives we offer;

4.3.2 cancel all or part of your order.

5. Price and payment

5.1. The price payable for the Goods that you order is clearly set out on Our Website.

5.2. It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.

5.4. Prices include UK value added tax (“VAT”). If you show by your delivery address that you reside outside the United Kingdom, VAT will be deducted at the payment point.

5.5. [If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.]

5.6. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.

5.7. [Any information given by us in relation to exchange rates are approximate only and may vary from time to time.]

5.8. If, by mistake, we have under-priced Goods, we will not be liable to supply that those Goods to you at the stated price, provided that we notify you before we dispatch it to you.

5.9. The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.

5.10. If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than [14] days from the date when we accept that repayment is due.

6. Security of your credit card

We take care to make Our Website safe for you to use.

6.1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

6.2. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

7. Foreign taxes and duties

7.1. If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.

7.2. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

8. Disclaimers

8.1. The law differs from one country to another. This paragraph applies to sales throughout the EU.

8.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

8.3. We make no representation or warranty for:

8.3.1 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;

8.3.2 the adequacy or appropriateness of the Goods for your purpose.

8.4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.

8.5. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Goods concerned.

8.6. We shall not be liable to you for any loss or expense which is:

8.6.1 indirect or consequential loss; or

8.6.2 economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.

8.7. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017, as well as to us.

8.8. If you become aware of any breach of any term of this agreement by any person, please tell us by [state action required]. We welcome your input [but do not guarantee to agree with your judgement.]

9. Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

9.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

9.2. link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;

9.3. download any part of Our Website, without our express written consent;

9.4. collect or use any product listings, descriptions, or prices;

9.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

9.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;

9.7. share with a third party any login credentials to Our Website.

10. Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

10.1. your failure to comply with the law of any country;

10.2. your breach of this agreement;

10.3. any act, neglect or default by any agent, employee, licensee or customer of yours;

10.4. a contractual claim arising from your use of the Goods;

10.5. a breach of the intellectual property rights of any person.

11. Intellectual Property

11.1. We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

11.2. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

11.3. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.

11.4. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.