1.0 “Buyer” means the individual or organisation that buys or agrees to buy goods from the seller.
1.1 “Consumer” shall have the meaning described in section 12 of the unfair contract terms act of 1977.
1.2 “Contract” means the contract between the seller and the buyer for the sale and purchase of goods incorporating these terms and conditions. To order goods through this website you must be at least 18 years of age and accept delivery within the UK. We will treat each order for goods as an offer by you to purchase the goods subject to our terms and conditions.
1.3 “Goods” means the articles that the buyer agrees to buy from the seller.
1.4 “Seller” means Foundation-Emporium, 227 Lodge Hill Lane, Chattenden, Rochester, Kent ME3 8NP the operator and owner of http://www.foundation-emporium.com
1.5 “Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing from the seller to the buyer.
1.6 “Website” is defined as http://www.foundation-emporium.com
1.7 “Additional Charges” means the costs of carriage; any additional packaging, any taxes, duties or other charges levied by any governmental or authority in respect of or by reason of the sale, delivery, export or import of the Goods; courier and messenger costs, in addition to the Price or Full Price;
1.8 “Effective Date” means the date on which an order is placed in person, over the telephone or via the website http://www.foundation-emporium.com
1.9 “Price List” means Company’s current price list for the Goods.
1.10 “Force Majeure” means circumstances beyond the control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, food, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials;
2.0 Nothing in these Terms and Conditions shall affect the buyer’s statutory rights as a consumer.
2.1 These Terms and Conditions shall apply to all contracts for the sale of goods by the seller to the buyer and shall prevail over any other documentation or communication from the buyer.
2.2 Acceptance of confirmation of order shall be deemed conclusive evidence of the buyer’s acceptance of these T&C’s.
2.3 Any variation to these T&C’s (including and special terms and conditions agreed between both seller and buyer) shall be inapplicable unless agreed in writing by the seller.
- Price & Payment
3.0 The price of the goods is listed clearly on the website. The price for Goods ordered by the customer shall be the price relevant to the ordered Goods as stated on the website or within a written quotation, and will be current as at the date of order. Foundation-Emporium is not currently VAT Registered. Therefore, VAT invoices/receipts are not provided.
3.1 The Company shall be entitled (subject to any statute or regulation) to increase website prices when an increase in the costs of manufacturing, raw materials, labour or transportation occurs have increased.
3.2 Your order will only be processed once authorisation of your full payment has been properly received.
3.3 The Company shall be entitled to invoice the Customer for the Goods ordered on or at any time after dispatch of the Goods or any instalment thereof.
3.4 We accept all major credit, debit cards and paypal. On the order you must provide us with your exact billing address and telephone number – the address and phone number your credit card bank has on file for you. Incorrect information may cause a delay in processing your order.
3.5 There is no minimum order value.
- Availability of Goods
4.0 All products and services are subject to availability and may be withdrawn at any time. If we do not supply the goods for any reason we will not charge you for these and we will refund any money already paid for them. However, no compensation will be offered to you for any other losses you may suffer if we do not supply the goods. Products maybe be subject to stock availability & being shipped straight from supplier (Stockists, Wholesalers, Dropshippers, Venders, Clients, Importers & Exporters etc.)
5.0 All prices on our website are inclusive of delivery charges. We also offer Express delivery & International delivery options.
5.1 Delivery prices quoted are for most UK Mainland addresses (excluding the Highlands, remote areas and all off-shore locations). We also offer delivery to most non UK Mainland addresses.
5.2 Delivery of products will be dependent on size of the order. Standard delivery will be delivered between 3-5 working days and will be delivered by Courier or Royal Mail. Orders are usually dispatched within 3 working days.
5.3 We will endeavour to deliver goods within the times stated but goods are subject to availability and delay in delivery of goods is sometimes outside of our control. Any dates we specify for the delivery of the goods are approximate only and we shall not be liable for any losses, costs, damages, charges, or expenses caused by any delay for delivery of the goods.
5.4 If we are temporarily out of stock, we will notify you of this position and you should allow up to 14 days for dispatch of the goods. For delays of more than 14 days, you will have the right to cancel the order and we will refund any money paid by you for the goods.
5.5 The company shall have the right to deliver goods in instalments.
5.6 In the event of a failure to accept any delivery by the Customer, otherwise than by reason of the Company’s fault or by reason of Force Majeure, we may charge you for redelivery of the item and/or for the return of the item.
- Cancellation and return
6.0 The Buyer has the right to cancel the Goods and receive a refund by informing the Seller in writing by email within 14 working days of receipt of Goods when purchased via the internet, by mail order or by phone or fax. In this case Goods should be returned within 30 working days of receiving the Goods and a refund (minus original delivery charges/collections costs and return post costs by the buyer) will be applied soon after.
6.1 Orders received are processed immediately on the Effective Date; if an order has been marked as processed or dispatched Customer’s cannot cancel or amend an order once placed.
6.2 The buyer shall inspect the goods immediately upon receipt and shall notify the seller via email or telephone within 7 working days of the delivery if the goods are damaged or do not comply with any of the contract. If the buyer fails to do so the buyer shall be deemed to have accepted the goods.
6.3 Where a claim of defect or damage is made the goods shall be returned by the buyer to the seller. The buyer shall be entitled to a full refund (including delivery costs) plus any return postage chargers if the goods are in fact defective.
6.4 Goods returned must clearly show the order number obtained from the seller on the package.
6.5 Where Goods cannot be delivered by the courier or the delivery is refused the Seller has the right to charge the Customer if there are any return costs incurred to the Seller by the courier.
7.0 As soon as we have delivered the goods to your door you will be responsible for them. We will only deliver goods to the address on the order.
7.1 From the time of receipted delivery of the goods, any loss or damage to the goods shall be at your own risk. Any damage caused in transit to the goods, shortages or incorrect goods supplied the seller needs to be notified or we will not be able to entertain any claims.
- Time Limitation for Notification of Claims
8.0 Damage in transit: If goods arrive in a damaged condition you must make a note on the carrier’s delivery consignment note and it will be your responsibility to inform us within 7 days from delivery.
8.1 Shortages: It is your responsibility to sign for the correct number of packages as shown on the carrier’s delivery consignment note. Any shortages must be noted on the consignment note and it will be your responsibility to notify us within 7 days from delivery.
8.2 Incorrect Goods: It is your responsibility to notify us of any in-correct goods supplied within 7 days from delivery.
8.3 Non-Deliveries: We will not accept liability for goods lost in transit unless we are notified within 14 days from the expected delivery date. If goods returned under this clause are found to be perfect and in full working order they will be returned to you.
- Product Guarantees
9.0 All products supplied are covered by the terms and conditions of the Manufacturer’s Guarantee.
- Affiliated Links
10.0 Any revenue made through any of the affiliated advertising spaces & promotional content will help towards the updates of this website
11.0 No waiver by the seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future
- Changes to terms & Conditions
12.0 The Seller shall be entitled to alter these Terms & Conditions at any time but this right shall not affect the existing T&C’s accepted by the buyer at the time of their purchase.
- Intellectual Property & Copy Right
13.0. Unless specified the copyright of every page of http://www.foundation-emporium.com are owned and licensed to Foundation-Emporium
- Governing Law and Jurisdiction
14.0. These Terms and Conditions shall be governed by and constructed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.
Foundation-Emporium, 227 Lodge Hill Lane, Chattenden, Rochester, Kent ME3 8NP