Terms and conditions
Terms and Conditions
1.1 FENWICK is a trading name for Fenwick Limited, a company registered in England and Wales with company number 52411. Our registered address is 39 Northumberland Street, Newcastle Upon Tyne, NE99 1AR. Our VAT number is GB 176 297 818.
2.1 We will always try to ensure that the details, prices, photographic/video images and descriptions of products appearing on the website are correct at all times. We make every effort to display as accurately as possible the appearance, colour and texture of the products that appear on the website; however, we cannot guarantee what you see is an accurate representation of the merchandise as much will depend on the quality of your computer equipment. If you are not completely happy with the quality of your purchase, please view our Returns Policy listed below.
2.2 We update the content on this Site regularly, so we will not be liable if for any reason the Site or any part of it is unavailable at any time or for any period. From time to time, we may restrict or remove access to some or all of the Site.
3.1 All orders are subject to availability and to acceptance by us in accordance with these Terms, and items in your shopping basket are not reserved and may be purchased by other customers.
3.2 Your order constitutes an offer to us to buy products from the Site. Acceptance of your order will take place once the payment transaction has been accepted, at which time we will email confirmation of your order, which will also contain a link to track the delivery of your purchase (the "Payment Confirmation").
3.3 A contract between us (the "Contract") will only be formed when we send you a Payment Confirmation. Any earlier acknowledgment that you have submitted an order via the Site, including an email or notice in the 'My Orders' section of the Site acknowledging that we have received your order does not constitute a Payment Confirmation.
3.4 Where you have ordered multiple products, the Contract relates only to those products set out in the Payment Confirmation. We will not be obliged to supply any other products until such time as they have been confirmed in a separate Payment Confirmation.
4.1 We accept payment by most major credit/debit cards including Maestro, MasterCard, Visa, Visa Debit and American Express.
4.2 We only accept payment for orders in Pounds (£) Sterling. If you choose to pay for an item using a payment card with a foreign currency denominated account, we will debit your account in Pounds (£) Sterling at the conversion rate applied by the relevant payment scheme at the time of processing your order.
4.3 Our site complies with the Payment Card Industry Data Security Standards and uses technology which meets this standard to provide encryption of personal information such as your name, address and credit card details. We will endeavour to keep the details of your purchase and payment secure, but, in the absence of negligence on our part, we will not be 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 FENWICK website.
5.1 All prices are inclusive of VAT (where applicable) and are correct at the time of entering the information onto the system. Prices may change and offers may be withdrawn at any time.
5.2 Although we try to ensure prices displayed on our website are accurate, sometimes a price may be incorrectly stated. If we discover an error in the price of an item you have ordered we will contact you as soon as possible. You will have the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you or you do not reconfirm your order within 7 days of our contacting you, we will treat your order in respect of the incorrectly priced item as cancelled.
5.3 FENWICK aims to offer the same price on-line as offered in-store(s); however, occasionally there may be differences, for example when the timing of promotional discounts applied across either medium differ.
6.1 It may be possible to cancel an order before it has been dispatched. To do so, go to the 'Order History/Tracking' section of 'My Account' and click on the 'Cancel' button on the order summary line. A refund will then be processed to your original debit/credit card.
6.2 We try to process orders immediately; therefore it may not always be possible to stop an order from being dispatched. After dispatch our Returns Policy below will apply.
7.1 If an item you have ordered becomes out of stock before we accept the order we shall notify you as soon as possible and you will not be charged for the out of stock items. We may also indicate that items have sold out on the Site itself or by removing them from the Site. We may be able to re-stock some items. If you would like to know if this is possible, please contact us at 'email@example.com'; alternatively, you can contact the Bond Street store direct on (020) 7629 9161 to check in-store availability.
8.1 Please refer to our Returns and Delivery for details of delivery charges.
8.2 We will make every effort to deliver products within the estimated timescales. However delays are occasionally inevitable due to unforeseen factors or events outside our control, for example extreme weather, a fire or logistical delays. FENWICK are not liable for any delay or failure to deliver the products within estimated timescales for any reason. Any delivery estimates are from the date of dispatch, not the date you place your order.
8.3 Ownership and risk of loss and damage to products passes to you upon delivery of those products.
9.1 You have the right to cancel your order of a product or products within a period of seven working days starting on the day after the date you receive those products. You must return any cancelled items to us as soon as possible and in their original condition and, wherever possible, packaging. If you do not return goods to us promptly, we may arrange for collection of the products from your residence and at your cost. Ownership and risk of loss and damage to products will pass to us on delivery of those products to us.
28 day return policy
9.2 In addition to the right of return set out in clause 9.1, Fenwick also operates a further 28 day (14 day for reduced and Sale items) returns or exchange policy on most products purchased via the Site. We will offer a refund or exchange on any eligible items you are not completely happy with provided:
(a) you return the products to us unworn, undamaged, in their original packaging and in a re-saleable condition;
(b) We reserve the right to refuse to exchange or refund products returned more than 28 days after the original delivery date (14 days for reduced and Sale items);
(c) Beauty items (including toiletries, cosmetics and fragrances), should be returned in their original packaging. Items should not be opened, tested or partially used – refunds will not be provided in such circumstances unless goods are faulty, and we will only accept returns of lingerie, swimwear and hats provided the packaging is unopened and/or any seals remain intact; and
(d) you return any free or promotional gifts you received in connection with any products you are returning; and
(e) you follow the returns policy set out at clause 9.6 below.
9.3 If you return any goods under this 28 day refund or exchange policy (14 days for reduced and Sale items):
(a) we will inspect the condition of all returns before authorising a refund or exchange and may refuse to issue a refund or offer an exchange or we may instead issue a partial refund if goods have been worn, damaged, are not in their original packaging or otherwise not in a re-saleable condition (ownership and risk of loss and damage to products will pass to us on delivery of those products to us);
(b) we will not refund any delivery charges you have paid on your order; and
(c) refunds will be issued to the original credit/debit card within five days of being authorised by us (depending on your card issuer). Faulty or damaged products
9.4 We will always try to ensure that the products you receive are of the highest quality. If you do receive faulty or damaged products, we will offer a refund to your original credit/debit card on these products provided:
(a) you return the faulty or damaged products to us within six (6) months of receiving them from us;
(b) we inspect all returns and will not issue a refund where we reasonably believe the fault is not a manufacturing fault and has been caused after you accepted delivery of the product (ownership and risk of loss and damage to products will pass to us on delivery of those products to us); and
(c) you follow the returns policy set out at clause 9.6 below.
9.5 Items purchased on-line may not be returned in-store. You must use the returns process set out in this clause 9. Our returns policies do not affect your statutory rights.
9.6 How to return or exchange products
(a) Sign into your account and click on 'Order History/Tracking'. Once in the 'Order History/Tracking' section click on the 'return' button for the relevant order. This will take you through to the ‘Return Items Information’ page.
(b) Select the items you wish to return and the ‘Reason to Return’. In the ‘Resolution’ field select whether you wish a refund or to exchange the product. For exchanges please indicate full details of the product you wish to exchange for in the 'Comments' section at the bottom. Once completed click on 'Submit'.
(c) Your returns request will then be submitted to us for authorisation. Once authorised you will be emailed a Returns Merchandise Authorisation (RMA) containing a link to print a returns label. Please ensure that you enclose a copy of this RMA or your original invoice when returning the goods.
(d) Pack the items to be returned securely, and attach the label to the front of your packaging and take to your nearest Post Office. Please make sure that you obtain a Proof of Postage as we will not be held responsible for any lost or damaged item(s) and we cannot issue refunds in respect of lost or damaged item(s).
(e) Once we have received and verified your return, we will credit your original credit/debit card. Exchanges will be processed free of charge where we have stock availability; otherwise, we will issue a refund. You will not be charged again for delivery.
10.1 To place an order and/or check your order status, you must have registered as a Site member and sign in using your email address and password. You are responsible for maintaining the confidentiality of your account and password, and all activities/transactions that occur under your account or password. You agree to: (a) immediately notify us of any unauthorised use of your account or password and any breach of security or misuse or suspected breach of security or misuse of the service; and (b) ensure that you exit from your account at the end of each session if you use a shared computer.
10.2 By signing in as a member and/or purchasing products, you warrant that you are at least 18 years of age and you are capable of entering into binding contracts.
10.3 Credit/debit card details are only required when making purchases. Please do not provide us with credit/debit card details using potentially insecure communication methods, such as email. If you believe that you have inappropriately disclosed your credit/card details, please contact your bank or card issuer.
11.1 'Content' includes any graphics, trade marks, photographs, sound, music, video, audio or text on this Site, including all rights therein. All rights in the Site and any Content therein is the property of FENWICK and its licensors. You may only use the Site and any Content for your personal non-commercial use and may only download and use any Content for the purpose of and to the extent required for using the Site.
11.2 FENWICK tries to ensure that the Site and any Content is accurate, complete and free of viruses or components which can cause damage; however, the transmission of information over the internet is at your risk, and we suggest you use appropriate anti-virus software accordingly.
12.1 Nothing in these Terms or any Contract excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; defective products under the Consumer Protection Act 1987; any other matter for which cannot lawfully be excluded.
12.2 Subject to the foregoing paragraph, we will not be liable under any circumstances or any basis to you for any: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; loss of data; or waste of management or office time; provided, however, that this paragraph will not prevent claims for loss or damage to your physical property that are foreseeable.
12.3 Subject to this clause 12, our liability under these Terms and any individual Contract that you enter into with us will not exceed the total value of the products you have purchased and any associated delivery charges under that Contract
13.1 Notices. You accept that most communications we have with you will be electronic, including by posting information on the Site and sending you emails, and that electronic communications will be considered to be in writing. We may give you notice at your postal or email address. You may give us notice by writing to us at the address set out above. Notice will be deemed received and properly service two business days after the sending of a letter.
13.2 Third Party Websites. We may include hyperlinks on this site to other websites or resources operated by parties other than FENWICK. We have not reviewed all of the sites linked to the Site. We do not endorse and are not responsible for the content or accuracy of any off-site pages.
13.4 Assignment. Any Contract is binding on you and us and on our respective successors and assignees. We may transfer, assign, charge, sub-contract and otherwise dispose of such a Contract, or any of our rights or obligations arising under it or these Terms, to a member of our group of companies at any time without your agreement. You may not transfer any of your rights or obligations.
13.5 Waiver. If we fail to insist on your performance of any of your obligations, this will not operate as a waiver or abandonment and shall not relieve you from compliance with such obligations. No waiver by us will be effective unless we expressly state that it is a waiver and communicate it in writing to you. A waiver by us of any default will not constitute a waiver or abandonment of any subsequent default.
13.6 Severability. If any provisions of these Terms or any provisions of a Contract are held to be invalid, unlawful or unenforceable to any extent by a court or other competent authority, the term will, to that extent only, be severed from the remaining terms, which will continue to have full force and effect.
13.7 Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms or a Contract that is caused by any events outside our reasonable control, including (without limitation): fire, storm, flood, industrial action or transport disruption, affecting us or any third party we may use to fulfil our obligations under a Contract. Our performance under any Contract is deemed to be suspended for the period that such an event continues, and we will have an extension of time for performance for the duration of that period.
13.8 Entire Agreement. These Terms, any document referred to in them and the relevant Payment Confirmation constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract. We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them.
13.9 Third Party Rights. A person who is not party to these Terms or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
13.10 Governing Law; Jurisdiction. Each Contract and any dispute or claim arising out of or in connection with them or these Terms or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation or these Terms (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
14.1 Offer valid at fenwick.co.uk only.
14.2 Offer not available in store.
14.3 Offer does not apply to previous orders
14.4 Offer applies to orders before delivery charge is added.
14.5 Does not apply to the purchase of Gift Cards
14.6 Offer cannot be used with any other promotional code
14.7 Limit to one promotional code per order
14.8 Offer expires midnight 1st December 2013
15.1 Offer valid at fenwick.co.uk only.
15.2 Offer does not apply to previous orders
15.3 Offer not valid in store
15.4 Offer applies to orders before delivery charge is added.
15.5 Does not apply to the purchase of Gift Cards
15.6 Offer cannot be used with any other promotional codes
15.7 Limit to one promotional code per order
15.8 Offer expires midnight 1st December 2013