Terms and Conditions
Terms and Conditions
These terms apply to use of the websites located at www.falconenamelware.com and all associated subdomains. The Website is owned and operated by Falcon Enamelware Distribution Limited ('Falcon Enamelware') a company incorporated in England whose registered address is 17 Rosebery Avenue, London, EC1R 4SP. This is the user agreement that governs your use of the Website and the provision of the services we provide you.
Please take time to read these terms as it is important for both of us that you understand our contractual relationship both relating to your use of our website and the services we provide you.
1. General Terms
2. Terms Relating to Website Use
3. Acceptable Use Policy
4. Conditions of Sale of Goods and Services
1. General Terms
a. The material displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
c. Please address any customer service communications to the following:
By email: firstname.lastname@example.org
By post: Falcon Enamelware Customer Service, 39 Rosebery Avenue, London, EC1R 4SH
If you are unhappy with the service you have received please send an email to email@example.com with the subject line COMPLAINT. We take your feedback very seriously and will endeavour to investigate the matter fully.
d. We reserve the right to make changes to our website, policies, and these terms at any time. You will be subject to the policies and terms in force at the time that you use the website or that you order goods from us, unless any change to those policies or these terms are required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
e. By submitting your email to us you agree to us occasionally contacting you by email with updates and offers. You can opt out of these at any time by clicking the included unsubscribe link or emailing us at firstname.lastname@example.org.
2. Terms Relating to Website Use
The following terms apply to your general use of our website:
a. Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website without notice (see below). We will not be liable if for any reason our website is unavailable at any time or for any period. When using our website, you must comply with the provisions of our acceptable use policy. You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms, and that they comply with them.
b. We are the owner or the licensee of all intellectual property rights in our website and all products and materials which we may make available from it including without limitation files, images, scripts, music and text. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You accept that neither we nor our licensors as may be appropriate grant you any licence in respect of any of these rights.
You may (a) print off one copy for backup purposes only and (b) download extracts of any page(s) from our website for your personal reference and you may draw the attention of others within your organisation to material posted on our website. You may not use copies of downloaded material for commercial purposes without obtaining a licence from us, and you must ensure that all copies of downloaded material retain any copyright or other intellectual property notices which appeared in the source material.
Other than as may be specifically permitted by these terms, you agree that you will not reproduce any content obtained from our website in any manner, and in particular but without limitation that you will not sell, distribute, sub-license, rent, lease, transmit, broadcast or give away such content or in any manner make it available to third parties or exploit it any way or permit it to be exploited for profit. You agree that you will fully and effectively indemnify us against any claims, demands, costs and damages which we may incur howsoever arising as a result of your failure to comply with this clause. You will notify us immediately if you become aware of any unauthorised use of our service or our intellectual property rights.
c. Commentary and other materials posted on our website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website, or by anyone who may be informed of any of its contents.
d. We aim to update our website regularly, and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.
f. Whenever you make use of a feature that allows you to upload material to our website, or to make contact with other users of our website, you must comply with the content standards set out in ouracceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website.
We have the right to remove any material or posting you make on our website if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
g. You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.
h. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our website must not be framed on any other website. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on our website other than that set out above, please address your request to email@example.com with the subject line BUSINESS.
i. Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
3. Acceptable Use Policy
This acceptable use policy sets out the terms between you and us under which you may access our website www.falconenamelware.com and all associated subdomains ('our website'). This acceptable use policy applies to all users of, and visitors to, our site. Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
- Not to use our website or any interactive services for business purposes including the solicitation of business.
- Not to resell access to our website.
- Not to download user account information.
- Not to frame our website or any part of it.
- Not to copy any material obtained from our website to peer to peer networks or other web sites or web services.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
4. Conditions of Sale of Goods and Services
a. Pricing and availability
We list availability information for products and services sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed despatch times and should not be relied upon as such. As we process your order, we will inform you by email if any products you order turn out to be unavailable.
All payments on our site are processed by PayPal. We do not store credit card details nor do we share customer details with any 3rd parties.
Customers in markets with which the EU does not have free trade arrangements are responsible for all costs associated with the importation of the products; these costs will typically be recharged by the shipping company.
We dispatch all goods with UKMail and DHL. We will make every effort to dispatch each order within 24hrs of receipt of the order, but please allow 3 working days for UK delivery and 7 working days outside of the UK.
d. Returns and refunds
The following terms only apply to goods and services bought via our Website. For Falcon Enamelware goods bought from any other outlet please refer your request to the outlet from which you bought it.
i. Return of non-faulty goods.
Under the United Kingdom's Distance Selling Regulations, you have the right to cancel the contract for the purchase at any point from the time of ordering until seven working days after delivery.
To qualify for a refund as a result of such a cancellation you must cancel this contract in writing within seven days of taking delivery.
To do so please email us at firstname.lastname@example.org with the subject RETURN, stating the Order ID number (which you can find in the subject line of your order confirmation email from email@example.com), your name and address, the date you placed the order and giving your clear instruction to cancel the order. We will then send you a Cancellation Reference Number by email.
In addition, if the order has already been dispatched:
we must receive the item at our Falcon Enamelware
Returns Address within 7 working days after delivery with the Cancellation Reference Number clearly marked on the outside of the package. We recommend that you use a secure delivery method which requires a signature on receipt, as this insures the package in case it goes missing. The product and all delivery costs will remain your responsibility until it has been signed for at our returns address. We do not accept responsibility for products lost or damaged in the post; and when we receive it at our Falcon Enamelware Returns Address the item must be unused and in its original, saleable condition, complete with all parts, accessories, instructions and packaging. This includes packaging items such as cardboard dividers.
If the conditions above are met in full we will issue a refund to the method of payment used to pay for the item.
If we receive a returned item and the conditions above are not met in full then we will be unable to issue a refund. In this case we will contact you to organise the return of the item at your expense.
ii. Return of faulty goods
We will replace or refund faulty items if returned and received at our returns address within 30 days of delivery and in accordance with the following returnsprocess.
If you suspect an item to be faulty:
Email firstname.lastname@example.org with the subject line FAULT. In the body of the email quote your Order ID number (you can find it in the subject line of your order confirmation email from email@example.com), your name and address, the date you placed the order and describe the nature of the fault in detail.
Once we have determined the exact nature of the fault we will send you a fault code, and ask whether you would like a refund or replacement.
On receipt of the fault code securely pack the faulty item in its entirety, including original packaging, clearly marking the fault code on the front of the package and send to the Falcon Enamelware Returns Address. We recommend that you use a secure delivery method which requires a signature on receipt, as this insures the package in case it goes missing.
On receipt, if the above conditions have been met in full, we will test the item to confirm the fault. On confirmation of the fault we will issue a refund to the original method of payment or (subject to stock availability) send a replacement item to the address indicated on the returns form. We will also refund the delivery fees incurred in returning the faulty item, up to a maximum of £10.
If the fault is not confirmed (at our absolute discretion) or the conditions above are not met in full we reserve the right to not issue a refund or replacement. In this case we will be in contact to determine whether you wish the item to be returned to you at your expense.
This returns policy does not affect your statutory rights.
iii. Falcon Enamelware Returns Address
Please send items to be returned to the following address. Please note that unless the returns policy above is followed exactly we will not be able to process your return and accept no liability for any items you send to us.
Falcon Enamelware Returns, 39 Rosebery Avenue, London, EC1R 4SH, UK.