WEBSITE DISCLAIMER
The information contained in this website is for general information purposes only. The information is provided by Felicity Brown Ltd and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Felicity Brown Ltd. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Felicity Brown Ltd takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
FELICITY BROWN LIMITED TERMS AND CONDITIONS
1. Our agreement
1.1 Acceptance of Terms
These terms and conditions ("Terms") are the terms which apply when You access the Felicity Brown online store (the "Website") and place orders to purchase any of the goods on the Website (the "Product"). Any reference to "We/Us/Our" in these Terms is a reference to Felicity Brown Limited (including where appropriate our employees and authorised agents) and any reference to "You/Your" means You, the user of the Website. Please read these Terms carefully before ordering. You should keep a copy of these Terms (which are only available in the English language) for future reference. Click here to print or download. We will file a copy of any orders made by You.
1.2 The ordering process and order confirmations
You may select items from our range of goods, details of which will be added to the "Shopping Bag" by clicking on the "Purchase Item" button. By clicking on the "Continue Shopping" button You may continue to select and add items to the Shopping Bag. Before placing an order You can view and amend Your order details at any time by clicking on the "Order Review" button. By clicking on the "Check Out" button in the Shopping Bag You submit an offer to buy the goods in the Shopping Bag and You will be required to enter Your billing information, desired shipping method and payment method. As soon as this offer is accepted by Us in the way specified in paragraph 1.4 below, Your order forms a binding contract of sale between You and Us.
Your order constitutes an offer to Us to buy the Product. All orders are subject to availability and to acceptance by Us. We will send You an email acknowledging receipt of Your order with a summary of Your order which we would recommend that You print out and keep for Your records. Please note that this does not constitute acceptance by Us. We will send You a second email when Your payment is confirmed by Our payment processing company and We will dispatch Your Product which shall constitute acceptance of Your order ("Dispatch Confirmation"). The contract for purchase of the Product is formed when We send You a Dispatch Confirmation. You may pre-order Products from Our range of goods ("Pre-Orders") by using the ordering process set out in clauses 1.3 and 1.4 above. Pre-Orders will be delivered in accordance with clause 4.2.4.
1.3 Competitions and promotional offers:
from time to time We may offer You the chance to enter competitions or take up certain promotional offers. We will alert You to any specific terms which apply to such competitions or promotions at the relevant time.
1.4 Registration, Passwords and Security
To make it easier for You to order Products using the Website You may register for a personal account. If You register for a personal account, any personal data that You provide Us with during the registration process will be stored in Our database and need not be entered with each new order; it will be entered into the order form automatically.
To register You must supply Us via the online registration form with the following information: [name, surname, e-mail address, and address]. Upon registration You will select an email address ("User Name") and password ("Password") that You can use to access Your account. You can access, update or correct Your personal account details via the "My Account" button.
You are responsible for maintaining the confidentiality of Your Password and User Name and are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using the Website and will not be responsible for losses suffered by You where Your Password or User Name is used by someone else unless this is due to Our negligence. You agree to notify Us immediately by email to online@felicitybrown.com if You become aware of or suspect any unauthorised use of Your Password or User Name.
2. General Information About Us
We are Felicity Brown Limited trading as Felicity Brown a company registered in England and Wales under registration number 06627120. Our registered address is 7-11 Nelson Street, Southend-on-Sea, Essex SS1 1EH and the address at which We are established is Felicity Brown Limited, 182 Mare Street, London E8 3RE.
If You have any questions, complaints or comments about this Website then please contact Us on online@felicitybrown.com.
Our VAT number is GB 975 7693 48.
[Felicity Brown Limited is registered as a data controller for the purposes of the Data Protection Act 1998. If You have any queries about how We use Your personal data please contact online@felicitybrown.com. Click here to read Our Privacy Policy.
3. Your Use of the Website
3.1 Your promises to Us
You confirm that:
- You are over 18; and
- all information and details provided by You to Us (including on registration) are true, accurate and up to date in all respects and at all times. You can update or correct Your personal details at any time by amending Your Account details by logging with Your User Name and Password at www.shop-felicitybrown.com.
If We take legal action against You for non-payment or any other breach of these Terms and a court makes an award in Our favour You will be responsible for all costs allowable by the Courts.
3.2 User conduct You agree that in using the Website You will not:
- use the Website for any unlawful purpose;
- use the Website in any way that interrupts, damages, impairs or renders the Website less efficient;
- transfer files that contain viruses, trojans or other harmful programs;
- access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Website security measures; or
- use the Website for any purpose other than Your personal use.
We reserve the right to suspend, restrict or terminate Your access to the Website at any time without notice if We have reasonable grounds to believe You have breached any of these restrictions. This shall not limit Our right to take any other action against You that We consider appropriate to defend Our rights or those of any other person.
3.3 Rights granted and rights reserved
Your use of the Website and its contents grants no rights to You in relation to Our intellectual property rights including, without limitation, copyright trade marks, designs, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties in the Website and its contents.
You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, Web pages or materials on the Website or the computer codes of elements comprising the Website other than for Your own personal use. Subject to the above, You may download insubstantial excerpts of this content to Your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.
Any use other than that permitted under this clause may only be undertaken with Our prior express authorisation.
3.4 Links to and from other Websites
We may provide links to other Websites from time to time (via advertising or otherwise). You acknowledge that:
- these links are provided for Your ease of reference and convenience only;
- We do not control such third party Websites and are not responsible for their contents;
- Our inclusion of links does not imply any endorsement of the material contained in such Websites or any association with their operators;
- We will not be party to any transaction or contract with a third party that You may enter into via such sites;
- We shall not be liable to You in respect of any loss or damage which You may suffer by using those Websites; and
- You agree that You will not involve Us in any dispute between You and the third party.
4. Goods/Products
4.1 Prices and payment
The price of a Product shall be as stated on this Website at the time You place Your order except in the case of obvious error. We try and ensure that all prices on Our Website are accurate but errors may occur. If We discover an error in the price of a Product You have ordered We will inform You as soon as possible and give You the option of reconfirming Your order at the correct price or cancelling it. If You cancel no payment will be taken from Your card.
Prices shown are inclusive of UK Value Added Tax.
Prices do not include delivery.
We accept payment by debit or credit card only and payments will be processed by SAGE PAY.
You confirm that the credit/debit card that is being used is Yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of Your card refuses to authorise payment We will not accept Your order and We will not be responsible for any delay or non-delivery and We are not obliged to inform You of the reason for the refusal.
We are not responsible for Your card issuer or bank charging You as a result of Our processing of Your credit/debit card payment in accordance with Your order.
4.2 Delivery and ownership
Felicity Brown Ltd's System restricts delivery to certain countries. The list of accepted countries will be agreed with Payment processing company and Shipping companies. Delivery is granted anywhere else.
Products will be dispatched by a reputable courier unless You specify an alternative Delivery Option.
Prices shown on the Website do not include delivery. Our Delivery Charges are specified for each type of delivery method on our Shipping Method page.
We will notify You of the estimated delivery time for Your Product during the order process. We will do Our best to dispatch Your Product as soon as possible after You place Your order and in any event within 15 days from the day after You place Your order. Whilst we will do our best to dispatch Your Product as soon as possible, sometimes it may take longer than expected. You accept that on occasion it may take us more than [30 days] to deliver Your Product and we thank You for Your patience should this occur. If You change Your mind in the meantime You have the right to cancel Your order in accordance with clause 4.3.
We will notify You of the estimated delivery time for Pre-Order during the order process. The delivery date will usually be three months of the order date. You accept that on occasion it may take us more than 3 months to deliver Your Pre-Order and we thank You for Your patience should this occur. If You change Your mind in the meantime You have the right to cancel Your Pre-Order in accordance with clause 4.3
As soon as the Product is delivered to You, You are responsible for it.
We want You to be happy with Your purchase from Us. If You are unhappy with the Product in any way please contact Our Customer Service Team on online@felicitybrown.com as soon as possible.
4.3 Cancellation, returns and refunds
4.3.1 You have certain statutory rights/rights under the law. These include:
- that any Products supplied by Us will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Website;
- certain remedies if a Product is defective; and
- a right to cancel Your order within seven Working Days beginning the day after the day on which You receive the Product, and to receive a full refund, even if the Product is not defective. This right is subject to certain conditions and exceptions (see "Return of non faulty goods" below). "Working Days" means a day which is not a Saturday, Sunday or a Bank Holiday in the UK.
Nothing in these Terms is intended to affect these statutory rights. For more information about Your statutory rights contact Your local citizens Advice Bureau or Trading Standards Office.
4.3.2 Return of non-faulty goods
We hope You will be happy with Your purchase from Felicity Brown Limited. If not, You have the right to return the Product to Us and receive a full refund provided:
- You notify Us in writing that You are cancelling Your purchase no later than the seventh Working Day after the day on which You received Your Product;
- You have taken reasonable care of the Product prior to return - in particular this means the goods must be returned in their original condition, have not been altered or worn (and in the case of footwear have not been worn outdoors) and should include the original packaging and labels;
- You may give Us notice of cancellation by any written means (including email, fax or letter), but it will speed up the process for You and Us if You contact Us by email at online@felicitybrown.com.
- You will be responsible for the cost of returning the Product to Us, unless it is faulty, incorrect or misdescribed.
- Please return the Product promptly in suitable packaging to ensure it reaches Us in good condition. We recommend that you return the Product by registered mail or recorded delivery.
We will refund the purchase price and original delivery charge of any goods returned no later than 30 days from the day when You give Us notice of cancellation.
Please note that if You fail to take reasonable care of returned Products, or fail to return the Product to Us, We will be entitled to make a claim against You for any losses which We suffer.
4.3.3 Return of faulty goods
If a Product is faulty or does not meet the description given on the Website at the time you placed your order, please contact Us as soon as possible on online@felicitybrown.com. We will refund the purchase price, delivery charge and any reasonable costs you incur in returning it to us.
Returned Products must be sent via insured, traceable delivery service. Please use the Returns Form/Label provided with the Product.
5. Our legal obligations and limits on our liability
We accept liability for death or personal injury caused by Our negligence or that of Our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by Us or Our employees or agents.
You have certain statutory rights/rights under the law. These include that any Products supplied by Us will be of satisfactory quality and fit for their intended purpose. Nothing in these Terms is intended to affect these statutory rights. For more information about Your statutory rights contact Your local Citizens Advice Bureau or Trading Standards Office.
We will not be responsible for any loss or damage caused to You where such loss or damage is not reasonably foreseeable to You or Us at the point at which You agree to these Terms (including where the loss or damage results from our breach of these Terms). Loss or damage will be reasonably foreseeable where they could be contemplated by You and Us at the time of entering into these Terms.
We are not responsible for:
- losses not caused by Our breach;
- indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by You and Us at the time of entering into these Terms; or
- damage to Your computer system or loss of data that results from Your use of the Website.
When You order goods from the Website, Our total liability to You for any loss or damage arising in connection with these Terms shall be limited to the purchase price of Your order.
6. Personal Data and Privacy
Please see Our Privacy Policy [insert link] which contains important information about how We use Your information.
7. General
We reserve the right to change or update these Terms from time to time.
If You breach these Terms and We take no action against You, We will still be entitled to use Our rights and remedies in any other situation where You breach these Terms.
If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
We will do Our best to resolve any disputes over these Terms. If You wish to take court proceedings against Us You must do so within the United Kingdom. Relevant United Kingdom law will apply.
Please let us know if You have any questions or complaints regarding the Website. You can contact us by emailing online@felicitybrown.com or writing to us at the following address Felicity Brown Ltd, 182 Mare Street, London E8 3RE United Kingdom
HOW WE USE YOUR PERSONAL INFORMATION 1. Introduction
This page sets out the Privacy Policy of Felicity Brown Limited ("We", "Us" and "Our") www.felicitybrown.com. This Privacy Policy explains how We use your personal information (meaning any information about you which is personally identifiable such as your name, address, telephone number or email address and is generally referred to throughout this policy as "Your Information") which you provide when you access the Felicity Brown online store (the "Website") or which you provide to us in any other way.
2. Who are we?
We are Felicity Brown Limited, trading as Felicity Brown, company registered in England and Wales under registration number 06627120. Our registered address is 7-11 Nelson Street, Southend-on-Sea, Essex SS1 1EH and our postal address is Felicity Brown Limited, 182 Mare Street, London E8 3RE ("Postal Address")
If you have any questions, complaints or comments about Our Privacy Policy please contact us at online@felicitybrown.com.
3. What information do we collect about you? We may collect and process the following data about you:
- details of any orders you place with Us through the Website, the fulfilment of your orders and any information you provide to us in connection with any goods you buy ("Products") through the Website. We use a payment processor to handle payment, which deals directly with the processing of your payments to us, and which also stores your financial information. We will not store any financial information that we receive from you. Our third party payment processor is required to keep secure your information in accordance with our standards (see below at "Security");
- information that you provide by filling in forms on Our site. This includes information provided at the time of registering to use Our site. We may also ask you for information when you enter a competition or promotion sponsored by Us and when you report a problem with Our site;
- details of your visits to the Website and the individual pages on it that you access including, but not limited to traffic data, location data and other communication data, whether this is required for Our own billing purposes or otherwise;
- if you contact us, We may keep a record of that correspondence; and
- any information which you choose to provide if we ask you to complete surveys that We use for marketing and research purposes.
4. How will we use Your Information?
We will use Your Information in the following ways:
- to carry out Our obligations arising from any contracts entered into between you and Us;
- to provide you with information, products or services that you request from Us, or which We feel may interest you, where you have given Us your permission to be contacted for such purposes. If you decide that you no longer want Us to use Your Information in this way, please update your marketing preferences by contacting Us at online@felicitybrown.com; to ensure that content from the Website is presented in the most effective manner for you and for your computer; and
- to notify you about changes to our service;
5. Will we share Your Information with third parties?
We may disclose Your Information to third parties:
- if We sell or buy any business or assets, in which case We may disclose Your Information to the prospective seller or buyer of such business or assets;
- if We or substantially all of our assets are acquired by a third party, in which case personal data held by Us about Our customers will be one of the transferred assets;
- if We are under a duty to disclose or share Your Information in order to comply with any legal obligation, or in order to enforce or apply Our terms of use [insert link to website terms and conditions]; or to protect Our rights, property, or the safety of Our employees, Our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
7. Will we transfer Your Information overseas?
The information that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for Us or for one of Our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy. The website and database that hold your information is currently hosted in the UK. By providing us with your personal information you agree that we may transfer, store and process your information outside the EEA.
8. Security
The security of personal data is important to Us. We maintain appropriate administrative technical and physical safeguards to protect personal data against accidental or unlawful destruction, accidental loss, alteration, unauthorised disclosure or access, use and all other unlawful forms of processing of the personal data in Our possession.
9. Access to Your Information, correction and unsubscribing
To find out more about how Your Information will be used, or to make a complaint, please contact Us at online@felicitybrown.com;
- you have the right to request a copy of the information that We hold about you. If you would like a copy of some or all of the information we hold about you, please contact Us at online@felicitybrown.com or by writing to Us at our Postal Address. Please note that We may make a charge of £10 for this;
- We want to make sure that Your Information is accurate and up to date. You may ask Us to correct or remove information you think is inaccurate by contacting Us at online@felicitybrown.com or by writing to Us at our Postal Address;
- you have the right to ask Us not to use Your Information for marketing purposes. To change your marketing preferences, or to unsubscribe, please contact Us at online@felicitybrown.com; and
- We hope you will be happy with the way We handle Your Information but if not you have the right to complain to the Information Commissioner – for more information please visit www.ico.gov.uk
10. Changes to this privacy policy
We are constantly looking for new ways to improve our Website. We may amend this privacy policy from time to time. This privacy policy was last updated on [15 September 2011].
How to contact us
Please contact us if you have any questions about our privacy policy or information we hold about You: by email at online@felicitybrown.com or write to us at our Postal Address.