Security
If you are paying by credit card your details are handled by a secure
server using 128-bit encoding. Whilst it is impossible for any web
site to be completely impregnable to fraud this encryption offers
a good level of security that you can be confident with. We will take
all reasonable care to keep all information connected with your order
secure but we cannot be held liable for any loss that you may suffer
if a third party obtains unauthorised access to any data, including
credit and account details you provide when ordering from or accessing
this web site, unless this is solely due to our negligence.
Privacy
We take your privacy very seriously. When you make a purchase we need
to collect certain information to process your transaction and fulfil
your order. We do not sell or rent this information to any third party
for marketing or any other purposes. You can be confident we will
not disclose your details to anybody unless required by law to do
so or unless you explicitly give us authority to do so. In the UK
we operate and are registered in accordance with applicable data protection
legislation.
1 Definitions and Interpretation
1.1 In these Conditions the following words have
the following meanings: "Company" means Fab-Feet a company
established in England (Registered No: 4490991) whose registered office
is at 49, Bedford Road, Ruislip, Middlesex, HA4 6LX England; "Contract"
means any contract between Fab-Feet and You for the sale of the Product,
incorporating these Conditions including any order placed by You on
Fab-Feetıs website and accepted by Fab-Feet in accordance with 2.4
below; "European Union" means those countries who are from time to
time signatories to the Treaty of Rome 1957; "You" means the person(s),
firm or the company who purchases the Products from Fab-Feet; "Product"
means "Adpads" which are agreed by the Contract to be supplied to
You by Fab-Feet; and "Working Days" means all other days other than
Saturdays, Sundays and English public holidays.
2 Basis of Contract
2.1 This Contract will be governed by these Conditions
to the exclusion of any other terms and conditions (including any
terms or conditions which You attempt to apply under any purchase
order, confirmation of order, specification or other document or response
to this).
2.2 Nothing contained in this website shall be considered
to be an offer. Each order for the Products by You from Fab-Feet shall
be considered to be an offer by You to purchase the Products subject
to these Conditions. Any order shall be accepted entirely at the discretion
of Fab-Feet.
2.3 Neither Fab-Feet nor You may alter the terms
of this Contract unless expressly agreed in writing by Fab-Feet and
You.
2.4 No order placed by You shall be considered to
be accepted or binding by Fab-Feet until written confirmation of the
order is issued by Fab-Feet in the following manner:
(a) If you order online, confirmation will be sent
to you by email to the email address that you have provided to us.
Please contact info@Fab-Feet.co.uk if you have not received an email
confirmation from Fab-Feet within 3 Working Days of placing your order.
(b) Orders placed by telephone, fax or by post will
be confirmed in writing by Fab-Feet to the geographical address or
fax number provided by You to Fab-Feet.
(c) Whether You order online, by telephone, fax
or post our written confirmation to You will have details of Your
transaction and order reference numbers together with details of how
You can exercise Your right to cancel.
3 Postage and Packaging
3.1 We send variously by the Royal Mail and by Business
Post as requested by You.
(a) If you are ordering online and have special
delivery instructions please ensure you leave details in the appropriate
field in the checkout section.
(b) We will not send any orders without a full valid
postcode. If You provide an incorrect address (including a postcode),
we cannot accept any responsibility for the failure of an order to
arrive.
3.2 Fab-Feet aims to despatch orders on the same
day that an order is received provided the order is received by 10.30
am Monday to Thursday. Orders received on a Friday will not normally
be sent until the following Working Day.
3.3 If Your order is for a destination outside the
UK, no responsibility can be accepted by Fab-Feet for any failure
or delay caused by any countryıs postal and/or customs service or
any other circumstances beyond its control. It is for this reason
that any dates specified by Fab-Feet for delivery of the Products
are intended only to be an estimate.
3.4 We reserve the right to send your order in instalments
if Fab-Feet do not have sufficient quantities of the Product in stock.
Your order will be sent as soon as the Products are available.
4 Returns
4.1 Fab-Feet will assume that you are satisfied
with the Products unless You notify Fab-Feet in writing of Your dissatisfaction
within 7 Working Days following the day of receipt of the Product.
You may return the Product for any reason during this time period.
4.2 Subject to 4.1, above, the Product, once delivered,
may be returned for a replacement or for a full refund of the amount
paid for the Product (exclusive of postage). Fab-Feet require that:
(a) Products are returned in a new and unused condition
and not damaged in any other way than is reasonable to establish a
failure of the quality of the Product;
(b) Any packaging is original and in reasonable
condition;
(c) Returns are made within 2 weeks of delivery
of those Products, re-delivery costs of whatever nature to be paid
by You unless the Product is faulty in which case Fab-Feet will refund
the packaging charge;
(d) Returned Products shall be accompanied by a
written record of receipt, date and a note of reasons for their return.
4.3 In the event that Your DHL special deliveryı order has exterior
packaging damage or that the product is damaged You must sign the
"checked and found to be damaged" box and return to Fab-Feet. If you
fail to do this we may not be able to offer a refund. In the event
that the Product is damaged in transit by ordinary post please contact
Fab-Feet within 24 hours of receipt.
5 Price and Payment
5.1 Unless otherwise agreed by Fab-Feet in writing
the price for the Product shall be the price set out on the website
and current at the date of order. The price includes postage charges
if the order is destined for delivery in the European Union. You will
be responsible for any local import duties.
5.2 For orders outside the European Union, unless
otherwise agreed in writing the price for the Product shall be exclusive
of any local sales tax or additional levy and all additional charges
in relation to packaging, posting, carriage, freight and insurance
will be added to the price of the Product.
5.3 Payment for the Product is due at the time and
date of order.
6 Legal Title and Risk
6.1 Fab-Feet shall retain ownership of the Products
until you have paid for them in full.
6.2 The risk remains with Fab-Feet and is insured
by us during transit and passes to you on delivery of the Product.
7 Warranty of Quality of Goods
7.1 Products supplied under this Contract will be
of satisfactory quality and fit for the purposes described on Fab-Feetıs
website and on the package instructions.
7.2 The Product must be used strictly in accordance
with the fitting instructions enclosed with the Product. Do not use
the Product without reading and applying these instructions. The Product
is sold subject to the limitations contained in Clause 8 below.
8 Exclusion and Limitation of Liability
8.1 Nothing in these Conditions shall exclude or
limit Fab-Feetıs liability for death or personal injury caused by
Fab-Feetıs negligence or for fraudulent misrepresentation or any other
liability that cannot legally be limited or excluded. Your statutory
rights are not affected.
8.2 Fab-Feet shall be under no liability under this
Contract in respect of any defect arising from fair wear and tear,
wilful damage, negligence, abnormal working conditions, failure to
follow Fab-Feetıs instructions (whether oral or in writing), misuse
or alteration or repair of the Product without Fab-Feetıs approval.
8.3 Fab-Feet shall not be liable whether for breach
of contract, Your negligence or otherwise for any injury or other
side effect, loss of anticipated revenue, loss of profit (direct or
indirect), loss of reputation, or for any indirect, special or consequential
loss or damage however caused. We are not liable to any third party.
Save as set out above use of the Product is entirely at Your own risk.
8.4 We shall only be liable whether for breach of
contract, negligence or otherwise for any loss or damage which is
a reasonably foreseeable consequence of a breach of this contract.
In no event shall our liability to You exceed twice the value of all
Products purchased from us by You in any calendar year. Losses are
foreseeable if they could be contemplated by You and Fab-Feet at the
time that the product is ordered.
8.5 Certain country or state laws outside of England
do not allow the exclusion or limitation of certain damages. If these
laws apply to you, some or all of the above disclaimers, exclusions,
or limitations may not apply to you, and you may have additional rights.
8.6 This Product is designed to enhance the profile
of a dancerıs foot. Given that each dancer will inevitably have different
subjective visions as to the artistic effect required even when used
in accordance with these instructions, Fab-Feet cannot guarantee that
the product will specifically;
(a) suit Your foot;
(b) gain you success in Your profession.
8.7 We try to ensure that the information shown
on the web site is as accurate as possible. We cannot be held responsible
for typographical errors on this site, including but not limited to
those regarding prices. Any error or omission in any information shall
be subject to correction provided that the correction does not materially
affect the Contract. If it does and You have previously placed an
order then we will contact you to arrange an agreement satisfactory
to both parties.
9 Third Party Rights
9.1 No third party shall have the benefit of or
the right to enforce these Conditions under this Contract whether
under The Contracts (Rights of Third Parties) Act 1999 or otherwise.
10 Force Majeure
10.1 All Products are subject to availability and
may be withdrawn from sale at any time.
10.2 Fab-Feet reserves the right to suspend or cancel
the Contract in whole or in part if it is prevented from or delayed
in the carrying on of its business and its obligations under the Contract
due to any circumstances beyond the reasonable control of Fab-Feet.
In such circumstances You will be entitled to a full refund of the
Products ordered.
11 Breach of Contract
11.1 Fab-Feet may immediately cancel any outstanding
delivery of the Products, stop any Products in transit or by notice
in writing to You terminate the Contract without liability to Fab-Feet
if any sum payable under the Contract is not paid within seven Working
Days of its due date for payment in accordance with this Contract.
11.2 Termination of the contract for any reason
shall be without prejudice to the rights and remedies of either party
which may have accrued up to termination.
12 General
12.1 Any intellectual property rights created by
Fab-Feet in the course of the performance of the Contract or otherwise
in the Product shall remain Fab-Feetıs property. Nothing in the Contract
shall be considered to have given You a licence or any other right
to use any of the intellectual property rights of Fab-Feet.
12.2 The waiver by either party of any breach of
the Contract shall not prevent the subsequent enforcement of that
breach and shall not be deemed to be a waiver of any subsequent breach
of that or any other provision.
12.3 If any condition is held to be invalid for
any reason, such invalidity will not affect the rest of the Contract
which will remain valid and enforceable in all respects.
12.4 The Contract sets out the entire agreement
and understanding between the Customer and Fab-Feet in connection
with the sale of the Products and shall supersede and replace all
documentation previously issued by Fab-Feet purporting to set out
its terms and conditions of sale of the Products.
13 Law and Jurisdiction
13.1 We will try to solve any disagreements quickly
and efficiently. These terms and conditions are governed by English
law and both Fab-Feet and You agree to submit to the non-exclusive
jurisdiction of the English Courts. 13.2 Any Contract made under these
conditions will not be subject to the Vienna Convention on the International
Sale of Goods 1980.