terms and conditions of sale for Fab-Feet

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 ŒDHL 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.