1. Use of fancythatfancydress.co.uk
The fancythatfancydress.co.uk site (from this point referred to as “the site”) is provided to you free of charge for your personal use subject to these Terms and Conditions.
By using “the site” you agree to be bound by these Terms and Conditions.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
2. Registration
To register with “the site” you must be over eighteen years of age.
You must ensure that the details provided by you on registration or at any time are correct and complete.
You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
3. Password and security
When you register to use “the site” you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us immediately.
If “the site” has reason to believe that there is likely to be a breach of security or misuse of “the site”, we may require you to change your password or we may suspend your account in accordance with paragraph 16 below. Please ensure that your account registration details are correctly provided and complete. Inform us immediately of any changes required to the registered information by accessing your account to update the information you provided us. “the site” reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
4. Amendments
We may update these Terms and Conditions from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on “the site”. The changes will apply to the use of “the site” after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use “the site”. If you continue to use “the site” after the date on which the change comes into effect, your use of “the site” indicates your agreement to be bound by the new Terms and Conditions
5. Privacy
You acknowledge and agree to be bound by the terms of our policy
Please review our privacy policy.
6. The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
7. Price
7a The price payable for goods that you order are as set out in our website.
7b You will be required to pay extra for some deliveries and it might not be possible for us to deliver to some locations.
8. Delivery of goods to you
8.a We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. Please read our Delivery policy
8.b Delivery will be made as soon as possible after your order is accepted and in any event within 10 working days of receipt of your order provided the item is in stock.
8.c You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction
9. Right for you to cancel your contract
9.a You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
9.b Please read our returns policy.
9.c If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
9.d Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
10. Cancellation by us
We reserve the right to cancel the contract between us if:
a. We have insufficient stock to deliver the goods you have ordered;
b. We do not deliver to your area; or
c. One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
11. Liability
11.a If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
11.b If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods. If you notify a problem to us under this condition, our only obligation will be, at your option:11.c to make good any shortage or non-delivery;
11.d to replace or repair any goods that are damaged or defective; or
11.e to refund to you the amount paid by you for the goods in question in whatever way we choose.
11.f Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 11.2.3 above.
11.g Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable UK law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
12. Use of site
You may not use “the site” for any of the following purposes:
a.Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
b.Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
c.Gaining unauthorised access to other computer systems
d.Interfering with any other person’s use or enjoyment of “the site”
e.Breaching any laws concerning the use of public telecommunications networks
f.Interfering or disrupting networks or web sites connected to “the site”
g.Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
“the site” reserves the right to refuse to post material on “the site” or to remove material already posted on “the site” .
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
.Any claim by any third party that the use of “the site” by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
.Any claim by any third party that the use of “the site” by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and
.Any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of “the site” by you.
13. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at
Fancy That,
358, Chorley Old Road,
Bolton
BL1 6AG
and all notices from us to you will be displayed on our website from to time.
14. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
15. Availability of “the site”
Although “the site” aims to offer you the best service possible, “the site” makes no promise that the services at “the site” will meet your requirements. “The site” cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to email at fancythat@daisybroadband.co.uk and we will attempt to correct the fault as soon as we reasonably can.
Your access to “the site” may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. “the site” will attempt to restore the service as soon as it reasonably can.
16. “The site’s” right to suspend or cancel your registration
“The site” may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using “the site”.
The suspension or cancellation of your registration and your right to use “the site” shall not affect either party’s rights or liabilities.
Paragraphs 14 and 17 of these Terms and Conditions shall survive cancellation.
17. “The site”’s liability
“The site” is provided by Fancy That without any warranties or guarantees. You must bear the risks associated with the use of the Internet.
“The site” provides content from other Internet sites or resources and while “the site” tries to ensure that material included on “the site” is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. “The site” will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with “the site”. If “the site” is informed of any inaccuracies in the material on the site we will attempt to correct the inaccuracies as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
· incompatibility of “the site” with any of your equipment, software or telecommunications links
· technical problems including errors or interruptions of “the site”
· unsuitability, unreliability or inaccuracy of “the site”
· inadequacy of “the site” to meet your requirements
· To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to “the site”.
Nothing in these Terms and Conditions shall exclude “the site’s” liability for personal injury or death caused by its negligence.
Our acceptance of an order takes place on despatch of the order, at which point the purchase contract will be made and you will be charged for your order.
18. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
19. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
20. Intellectual Property
The content of “the site” is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of “the site” on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on “the site” without written permission from “the site”.
No licence is granted to you in these Terms and Conditions to use any trade mark of “the site” or its affiliated companies including, without limitation, the trade marks Fancy That and “THE SITE”.
21. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
22. Entire agreement
These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
23. Miscellaneous
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. If you breach these Terms and Conditions and “the site” ignores this, “the site” will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions. “The site” shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control. A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
“the site” is operated by Fancy that.
Fancy That can be contacted at 358, Chorley Old Road, Bolton, BL1 6AG