Terms and Conditions of Sale

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU PLACE AN ORDER

These terms and conditions of sale (“Terms and Conditions of Sale”) set out the terms and conditions on which Fenwick Limited (“us”, “we” or “our”) will supply all products ordered from https://www.fenwick.co.uk/ (the “Website”) to you (“you” or “your”).

We will not file the details of the contract formed between you and us, so we recommend that you save and / or print a copy of these Terms and Conditions of Sale for future reference.

Click on the links below for information on the following:

1.1 Fenwick Limited is a limited company registered in England and Wales under company number 00052411 and we have our registered office at Northumberland Street, Newcastle-Upon-Tyne, NE99 1AR, United Kingdom. Our VAT number is 176 297 818.

1.2 If you need to, you can contact us by telephoning our customer service team on 0800 7831783 or by writing to us at customerservice@fenwick.co.uk or Customer Service, Bentalls a Fenwick Store, Wood Street, Kingston upon Thames, KT1 1TX.

1.3 When we contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

1.4 When we use the words "writing" or "written" in these Terms and Conditions of Sale, this includes emails.

2.1 We may revise these Terms and Conditions of Sale at any time by amending this page. The current version of these Terms and Conditions of Sale at the time you place your order will apply, so please check this page from time to time for any changes we may have made. These Terms and Conditions of Sale were last updated on the date stated at the end of this page.

3.1 You must be aged 18 or over to purchase product(s) from the Website.

3.2 You should follow the onscreen prompts during the order process to place and pay for an order.

3.3 You must check your order carefully before placing it as you are responsible for ensuring that your order is complete and accurate.

3.4 After you have placed your order, we will send you an order confirmation email detailing the product(s) you have ordered. This does not mean that your order is accepted.

3.5 Your order is an offer to purchase from us. Our acceptance of your order will take place when we despatch your order, at which point a contract will be formed between you and us. This contract will be in English.

3.6 We are not obliged to accept your order and may reject your order at any point before despatch. If we do not accept your order, we will inform you of this in writing and we will not charge you for the order. The reasons why we might not accept your order may include: the product is out of stock; there are unexpected limits on our resources which we could not reasonably plan for; you do not meet our eligibility criteria to place the order (e.g. you have purchased an age-restricted product and we reasonably believe you are below the applicable minimum age for it); we have identified an error in the price or description of the product; we cannot obtain authorisation for your payment; or we are unable to meet a delivery deadline you have specified.

3.7 For product(s) being delivered to you, we will send you an order despatch email when your product(s) have been despatched.

4.1 Product(s) may be subject to special terms and conditions set out in the description of the product including, without limitation, warranties, guarantees and delivery restrictions.

4.2 We are only permitted to sell certain products to customers who are above a certain age and it is an offence to purchase or attempt to purchase certain products if you are under a certain age (e.g. knives and alcohol can only be purchased by and for individuals aged 18 and over). By confirming your age when requested during the order process, you confirm that you meet the specified age requirement and that you are not purchasing any age-restricted product for any individual below that specified age requirement. We reserve the right to take steps to verify your age and not supply an age-restricted product where we reasonably believe that it has been purchased by or for an individual below the relevant minimum age.

4.3 We provide the content on the Website in good faith and for information only. We make reasonable efforts to ensure that product details are correct when entered into the Website. However, we make no representation, warranty or guarantee that such details or any content on the Website are accurate, complete or up to date or that the Website or its content does not infringe the rights of any third party. Further, the information provided on the Website is not intended to amount to advice on which you should rely (including in respect of the operation or use of any product). You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information provided on the Website. In addition, you must comply with all applicable product user instructions.

4.4 The images of a product on the Website are for illustrative purposes only. We have made every effort to display the colours accurately, but we cannot guarantee that the display of colours by your computer or device accurately reflects the colour of the product. Your product (including the packaging) may vary slightly from these images.

5.1 The price of a product will be the price indicated on the order page when you place your order.

5.2 Our prices include VAT (where applicable). If the rate of VAT changes between the date of your order and the date we despatch the product(s), we will adjust the rate of VAT that you pay to the rate of VAT applicable at the time of despatch.

5.3 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If we accept your order and it contains an obvious and unmistakeable pricing error that you could reasonably recognise as a mispricing, we may end the contract, refund to you any sums you have paid and require the return of any product(s) provided to you.

5.4 We accept payment with all major credit and debit cards, PayPal and Apple Pay. All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the card issuer refuses to authorise payment to us, we will not be liable for any delay or non-supply of your order. We do not currently accept payment with Fenwick gift cards.

5.5 You must pay for a product before we despatch it, so we will charge your credit or debit card or PayPal or Apple account when we despatch the product to you.

5.6 If you are entitled to a refund under these Terms and Conditions of Sale, such refund shall be made to the card or account provided when you placed your order.

6.1 Details of the delivery options that we offer (including costs, timeframes and applicable conditions) are available here . Please note that these delivery options may be subject to restrictions (e.g. they may not be available for certain locations and / or at certain times). Full details are available here .

You will be able to choose a delivery or collection option during the order process. The cost of the delivery or collection option you choose will be as displayed on the Website at the time you place your order and itemised separately at the checkout.

6.3 If our processing of your order and / or supply of product(s) is delayed by an event outside our reasonable control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but, if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not received. To end the contract with us, please let us know by contacting our customer service on 0800 7831783 or by writing to us at customerservice@fenwick.co.uk or Customer Service, Bentalls a Fenwick Store, Wood Street, Kingston upon Thames, KT1 1TX, or completing the online form here. We will make any refund due to you within 14 days after you contact us to end the contract.

6.4 If you order more than one product, your products may be provided in multiple parcels and these may be delivered on different days.

6.5 For product(s) being delivered to you, delivery will be made to you by us or our nominated carrier. If no one is available at your address to take delivery and the product(s) cannot be posted through your letterbox, we or our nominated carrier will attempt to leave the product(s) with a neighbour or, if applicable, at a safe place designated by you. A note will be left informing you that delivery has been made to a neighbour or the safe place designated by you or, if delivery has been unsuccessful, how to re-arrange delivery. You can re-arrange delivery by following the instructions on the note informing you of the unsuccessful delivery. If you re-arrange delivery in accordance with these instructions within any time period indicated, we or our nominated carrier will attempt to deliver the product(s) to you again. However, we or our nominated carrier will only attempt to deliver the product(s) to you up to a total of 3 times (including the first unsuccessful delivery attempt). If, having done so, we or our nominated carrier are unable to deliver the product(s) to you, or if you fail to re-arrange delivery in accordance with the instructions on the note informing you of the unsuccessful delivery within any time period indicated, the product(s) will be returned to our warehouse and we will refund the price paid for them by you.

6.5 We may require confirmation of identity and/or purchase at the time of delivery. We reserve the right not to deliver, any product(s) if this identification/information is not provided when requested. A signature may be required to acknowledge delivery of product(s). A signature obtained from you (or the individual at your address that takes delivery of the product(s) for you) will be proof that you have received the product(s).

6.6 A product will be your responsibility from the time we deliver the product to the address you gave us. You own a product once we have received payment in full for it.

7.1 We may deliver product(s) to destinations outside the UK. However, certain product(s) may not be available for delivery to certain destinations outside the UK because of customs, legal, or regulatory restrictions or for practical reasons. We reserve the right to determine whether a particular product can be delivered to a particular destination outside the UK.

7.2 If you order product(s) for delivery to a destination outside the UK, it is your sole responsibility to comply with any applicable export controls or sanctions rules. You will be responsible for all applicable import duties and customs entry fees and any additional taxes, fees or levies that may apply according to local legislation.

7.3 All prices are, and must be paid, in Pounds Sterling. Your credit card provider or bank will determine the applicable exchange rate and may add a processing or administration fee to your payment.

7.4 All products are directed at people living in the United Kingdom. We do not represent, warrant or guarantee that any product(s) available for purchase from the Website are appropriate for use outside of the United Kingdom. You agree not to use, sell or supply any product(s) purchased from the Website in a manner that would be unlawful at their destination.

8.1 We have a legal duty to supply product(s) that are in conformity with our contract with you.

8.2 Please check all product(s) on receipt. If any of them are damaged or incorrect, you can tell us about it using the contact details below. If we request, you must return the damaged or incorrect product(s) to us. We do not accept returns to our stores, but you can return the product(s) to us using the free returns label provided in your parcel.

8.3 If you have any questions or complaints about a product you have purchased from the Website, or a product purchased from the Website is damaged or incorrect, please contact our customer service team on 0800 7831783 or by writing to us at customerservice@fenwick.co.uk or Customer Service, Bentalls a Fenwick Store, Wood Street, Kingston upon Thames, KT1 1TX.

8.4 Nothing in these Terms and Conditions of Sale affects your legal rights. You can obtain further details about these rights from, in the UK, your local Citizens’ Advice Bureau or your Local Authority’s Trading Standards Office.

9.1 As a consumer, you have the right under the Consumer Contracts (Information, Cancellation and Charges) Regulations 2013 (“Regulations”) to cancel the contract at any time up to 14 days after the day on which you receive the product(s). This legal right is in addition to our goodwill returns policy (see section 10 for details).

9.2 This right to cancel under the Regulations does not apply to certain products, including:

(a) products that are made to your specification or are personalised (e.g. made to measure items);

(b) products that are liable to deteriorate or expire rapidly (e.g. flowers and fruit baskets);

(c) sealed products not suitable for return for health protection or hygiene reasons, if they are unsealed after delivery (e.g. certain lingerie, cosmetics, hats, swimwear and jewellery);

(d) sealed audio or video and software products, if they are unsealed after delivery (e.g. CDs and DVDs); and

(e) any products that become inseparably mixed with other items after delivery.

9.3 If you wish to cancel, you must tell us no later than 14 days after the day on which you receive the product(s) or, if the product(s) are provided in multiple parcels received on different days, 14 days after the day on which you receive the last parcel. You can tell us that you wish to cancel by contacting our customer service team on 0800 7831783 or by writing to us at customerservice@fenwick.co.uk or Customer Service, Bentalls a Fenwick Store, Wood Street, Kingston upon Thames, KT1 1TX, or completing the form available here and sending it to us at the address in the form.

9.4 In order to receive a refund, you must return all the product(s) to us within 14 days after the day on which you inform us that you wish to cancel. You must return the product(s) undamaged and unused with all the original packaging, labels and any accompanying product documentation. We do not accept returns to our stores, but you can return the product(s) to us using the free returns label provided in your parcel.

9.5 We will refund you the price you paid for the product(s) and, if you paid for delivery, the delivery cost you have paid, by the method you used for payment. However, we will not refund any delivery cost you may have paid exceeding the standard delivery cost. If the value of the product(s) have diminished as a result of your handling of them beyond the sort of handling that might reasonably be allowed in a shop, we may either deduct that amount from your refund (or, if we have already refunded the price paid before we discover such handling, you must pay us such amount on receipt of our invoice for that amount).

9.6 We will make any refund due to you within 14 days after our receipt of all the product(s) or, if earlier, the day on which you provide us with evidence that you have sent the product(s) back to us.

9.7 Please note that this section 9 is not intended to be a full description of all your rights under the Regulations. Full details of your rights can be obtained, in the UK, from your local Citizens’ Advice Bureau or your Local Authority’s Trading Standards Office.

10.1 In addition to your legal rights and your right to cancel the contract described in section 9, we offer a goodwill returns policy for product(s) ordered from the Website if you change your mind. This section 10 sets out the terms of this goodwill returns policy.

10.2 You may return any product(s) ordered from the Website to us for any reason within 28 days after receipt for a refund.

10.3 To obtain a refund, the product(s) must be undamaged and unused with all the original packaging, labels and any accompanying product documentation.

10.4 We provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purpose, and we will have no liability to you for any loss of profit, loss of business, loss of revenue, loss of anticipated savings, business interruption or loss of business opportunity.

10.5 We will refund the price you paid for the product(s) within 14 days after our receipt of the product(s).

10.6 This goodwill returns policy does not apply to the types of product listed in section 9.2.

10.7 This goodwill returns policy does not affect your legal rights (including your right to cancel the contract described in section 9).

11.1 If you intend to return product(s) to us, you must take reasonable care of the product(s) while they are in your possession.

11.2 If you return any product(s) to us, we will not be responsible for any loss or damage to them when they are in transit from you to us. For this reason, we recommend that you use a recorded delivery service and obtain a receipt / proof of postage.

11.3 If returned product(s) are lost or damaged by you or whilst in transit from you to us, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.

12.1 We exclude all implied representations, warranties, conditions and terms (whether implied by statute, common law or otherwise) to the fullest extent permitted by law.

12.2 If we fail to comply with these Terms and Conditions of Sale, we are responsible for any loss or damage you may suffer that is a foreseeable result of our breach of the contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

12.3 Nothing in these Terms and Conditions of Sale limits or excludes our liability to you where it would be unlawful for us to limit or exclude our liability to you. This includes liability for death or personal injury resulting from our negligence or the negligence of our employees, servants or subcontractors and for fraud or fraudulent misrepresentation.

12.4 We only supply the product(s) for domestic and private use. You agree not to use the product(s) for any commercial, business or re-sale purpose, and we will have no liability to you for any loss of profit, loss of business, loss of revenue, loss of anticipated savings, business interruption or loss of business opportunity.

13.1 We will collect personal information about you when you place your order. For full details of the personal information collected and how this is used, please see our Privacy Policy.

13.2 We use cookies and other similar tracking technologies to provide certain functionality to Fenwick.co.uk, to understand and measure its performance, and to deliver targeted advertising. Please click here to see our Cookie Policy for further information about the cookies we use and how to amend your cookie settings.

13.3 Our Terms of Use set out the legal terms and conditions that apply between you and us in respect of your use of the Website. By accessing or using the Website (including creating an online account and / or placing an order), you agree to, and to comply with, the Terms of Use.

14.1 We may transfer our rights and obligations under these Terms and Conditions of Sale to another organisation, but this will not affect your rights or obligations under these Terms and Conditions of Sale.

14.2 If any of these Terms and Conditions of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions of Sale shall remain in full force and effect.

14.3 The contract is between you and us. Only you and we shall be entitled to enforce these Terms and Conditions of Sale. No third party shall be entitled to enforce any of these Terms and Conditions of Sale.

14.4 Any delay or failure by us to exercise any right we may have under these Terms and Conditions of Sale is not a waiver by us of that right. So even if we delay in enforcing these Terms and Conditions of Sale, we can still enforce them later.

14.5 These Terms and Conditions of Sale are governed by English law. This means that in the event any matter or dispute arising out of or in connection with these Terms and Conditions of Sale (including non-contractual disputes or claims), will be governed by English law. You may bring legal proceedings in English courts. If you live in Scotland, you may bring legal proceedings in respect of the product(s) in either the Scottish or the English courts. If you live in Northern Ireland, you may bring legal proceedings in respect of the product(s) in either the Northern Irish or the English courts. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform at: http://ec.europa.eu/odr.

These Terms were last updated on 12th October 2018.

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