T&C's of Sale

DEFINITIONS

1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5 "Seller" means Fenella Smith Registered address: Peppers, White Lane, Bix, Henley on Thames, RG9 6BP, UNITED KINGDOM
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

CONDITIONS

2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 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.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

ORDERING

3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process section within the website.

PRICE AND PAYMENT

4.1 The price of the Goods shall be that stipulated on the Seller's website. The price is inclusive of VAT. Delivery charges are charged separately. 
4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
4.4 Payment of the Price plus VAT and delivery charges must be made in full before dispatch of the Goods.

4.2 In order to offer you Klarna’s payment methods, we might in the checkout pass your personal data in the form of contact and order details to Klarna, in order for Klarna to assess whether you qualify for their payment methods and to tailor those payment methods for you. Your personal data transferred is processed in line with Klarna’s own privacy notice.

RIGHTS OF SELLER

5.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
5.2 The Seller reserves the right to withdraw any goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

AGE OF CONSENT

6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.

WARRANTY

The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.

DELIVERY

8.1 Goods supplied within the UK will normally be delivered within 5 – 10 working days of acceptance of order. Where items are out of stock the Seller shall immediately inform the Buyer and advise of estimated delivery date. 
8.2 Goods supplied outside the UK will normally be delivered within 30 working days of acceptance of order.
8.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
8.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
8.5 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
8.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.

CANCELLATION AND RETURN

9.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by writing to our address, emailing info@fenellasmith.com or phoning 01491 412444 within 5 working days of 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.
9.2 Where a claim of defect or damage is made the Seller shall be responsible for the recovery of the Goods from the Buyer. The Buyer shall be entitled to a full refund (including delivery costs) if the Goods are in fact defective.
9.3 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller writing to our address, emailing info@fenellasmith.com or phoning 01491 412444 within 5 working days of receipt of the Goods.
9.4 Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
9.5 Goods to be returned must clearly show the order number obtained from the Seller on the package.
9.6 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.

LIMITATION OF LIABILITY

10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.

WAIVER

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.

FORCE MAJEURE

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

CHANGES TO TERMS AND CONDITIONS

The Seller shall be entitled to alter these Terms and Conditions at any time. but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

LEGAL IDENTITY

Fenella Smith is the trading name of Fenella Smith Ltd. Registered office: The Oakley, Kidderminster Road, Droitwich, Worcestershire, WR9 9AY. Registered number: 07239596 (England & Wales). VAT number: 109 6081 21.

Terms and Conditions of Use

ACCEPTANCE OF TERMS

Your access to and use of Fenella Smith ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.

ADVICE

The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.

CHANGES TO WEBSITE

Fenella Smith reserves the right to:
3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Fenella Smith shall not be liable to you for any such change or removal; and
3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

LINKS TO THIRD PARTY WEBSITES

The Website may include links to third party websites and applications that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

COPYRIGHT

5.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Fenella Smith or otherwise used by Fenella Smith as permitted by law.
5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

DISCLAIMERS AND LIMITATION OF LIABILITY

6.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6.2 To the extent permitted by law, Fenella Smith will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
6.3 Fenella Smith makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Fenella Smith for death or personal injury as a result of the negligence of Fenella Smith or that of its employees or agents.

SMS AND MOBILE TERMS OF SERVICE

The Fenella Smith mobile message service (the "Service") is operated by Fenella Smith (“Fenella Smith”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Fenella Smith’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Fenella Smith through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Fenella Smith. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to Fenella or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Fenella Smith mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to Fenella or email info@fenellasmith.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

INDEMNITY

You agree to indemnify and hold Fenella Smith and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Fenella Smith arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.

LEGAL IDENTITY

Fenella Smith is the trading name of Fenella Smith Ltd. Registered office: The Oakley, Kidderminster Road, Droitwich, Worcestershire, WR9 9AY. Registered number: 07239596 (England & Wales). VAT number: 109 6081 21.