Website Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE

These Terms of Use (“Terms”) set out the legal terms and conditions that apply between you (“you” or “your”) and Fenwick Limited (“us”, “we” or “our”) in respect of your use of our website at www.fenwick.co.uk (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, these Terms. If you do not agree to these Terms, you must not access or use the Website. We recommend that you print a copy of these Terms for future reference.

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.

2.1 We may revise these Terms at any time by amending this page. The current version of these Terms at the time of your visit to the Website will apply, so please check this page from time to time for any changes we may have made. By using the Website following any changes to these Terms, you agree to the changes. These Terms were last updated on the date stated at the end of this page.

3.1 We may update and change the Website and/or its content from time to time.

4.1 This Website is made available free of charge.

4.2 We provide the Website and its content on an “as is” and “as available” basis. We make no representation, warranty or guarantee that the operation of the Website, or access to its content, will be uninterrupted or error-free.

4.3 You are responsible for the ensuring that you have the computer hardware, software and network connectivity necessary for you to access the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

4.4 We reserve the right to suspend, withdraw, discontinue or otherwise restrict the availability of all or any part of the Website at any time for operational, regulatory, legal or other reasons.

4.5 The Website is directed at people living in the United Kingdom. We do not represent, warrant or guarantee that the Website, its content or any goods or services available for purchase from the Website are appropriate for use or available outside of the United Kingdom. If you access this Website from, or use it to place orders for delivery to, a location outside the United Kingdom, you are responsible for compliance with any applicable local law.

4.6 Children under the age of 16 are not permitted to use the Website.

5.1 You may choose to create an online account through the Website. If you choose, or you are provided with, a username, password or any other information for account and/or security authentication purposes, you must keep such information confidential and not share it with anyone else.

5.2 You are responsible for all activities (including purchases) that take place using your account, or your account and/or security information, even if another person was using them at the time with your permission or as a result of your failure to protect your account and / or security information.

5.3 If you know or suspect that anyone other than you knows your username, password or other security information, you must promptly notify us at customerservice@fenwick.co.uk

5.4 We have the right to disable, suspend or cancel your online account with immediate effect if in our reasonable opinion you have failed to comply with any of these Terms.

5.5 If you are under the age of 18, you must not create an online account.

6.1 We provide the content on the Website in good faith and for information only.

6.2 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.

6.3 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.

7.1 We are the owner or the licensee of all intellectual property rights in the Website and its content.

7.2 Subject to your abiding by the Terms, you may view, use and display the Website, and download on to one computer hard drive and print one copy of content from it, for personal non-commercial purposes only. You must not (and must not assist anyone else to) copy, reproduce, modify, publish, distribute, create derivative works of or otherwise use or deal with the Website or any of its content for any other purpose (including reproducing, linking, scraping, framing or deep-linking it on any other website or commercial exploitation).

8.1 The Website may contain links to websites operated by third parties and resources provided by third parties. These are provided for information only and their presence does not constitute any endorsement, sponsorship or recommendation by us of them or any information you may obtain from them. If you click on these links, you will leave the Website. We have no control over the content of the websites at these links or these resources.

9.1 We may collect personal information about you when you use the Website. For full details of the personal information collected and how this is used, please see our Privacy Policy.

9.2 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.

10.1 We exclude all implied representations, warranties, conditions and terms (whether implied by statute, common law or otherwise), which may apply in respect of the Website or its content, to the fullest extent permitted by law.

10.2 We shall have no liability for any loss or damage you may suffer unless we are in breach of our obligations and the loss or damage is a foreseeable result of our breach. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time a contract is made, both we and you knew it might happen.

10.3 Nothing in these Terms 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.

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 Nothing in these Terms affects your legal rights as a consumer (including your rights to cancel online purchases).

11.1 You may use the Website only for lawful purposes in accordance with these terms.

11.2 You must not use the Website:

(a) in any way that breaches any applicable local, national or international law or regulation;

(b) in any way that is unlawful, fraudulent or malicious, or has any unlawful, fraudulent or malicious purpose or effect; or

(c) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

11.3 You also agree not to without our written authority access, interfere with, gather or extract data or information from, or damage or disrupt:

(a) any part of the Website;

(b) any equipment or network on which the Website is stored or transmitted; or

(c) any software used in the provision of the Website.

12.1 We do not guarantee that the Website will be secure or free from bugs, viruses or other malicious software. Whilst we take reasonable precautions to prevent the existence of bugs, viruses and other malicious software on the Website, you should use your own virus protection software.

12.2 You must not knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful to the Website. You must not attempt to gain unauthorised access to the Website, the server on which this Website is stored or any server, computer or database connected to the Website. You must not attack the Website including via a denial-of-service attack or a distributed denial-of service attack. Such actions may constitute a criminal offence which we may report to the relevant law enforcement authorities (together with your identity).

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

13.2 Only you and we shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms.

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

13.4 These Terms are governed by English law. This means that any matter or dispute arising out of or in connection with these Terms (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 products in either the Scottish or the English courts. If you live in Northern Ireland, you may bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

14.1 If an item is found in-store, it will be kept in secure storage for a short period of time. Contact the store and ask to speak with relevant department listed below. You will need to provide a time, date and detailed description of the lost item.14.1 If you have any questions about these Terms, please email us at customerservice@fenwick.co.uk

These Terms were last updated on 18th October 2018.

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