Terms of Sale
Version number: TCSG20.1
Effective date: 01.09.2020
1. Who we are
1.1 This website: https://fabify.com is owned and operated by Sanlucar Digital OÜ. Our company information is at the end of this document.
2. What this is all about – introduction to our terms and conditions
3. Consumers – minimum legal rights
3.1 We are legally required to remind you that we are under a legal duty to supply goods that are in conformity with the contract. Furthermore, nothing below affects your legal rights in relation to goods that are not in conformity with the contract, whether because they are faulty, not as described or otherwise.
4. Changing our terms and conditions
4.1 We may change these terms and conditions at any time. Please check them carefully as they will apply to anything you buy after the effective date shown at the top of this document.
5. Minor variations
5.1 We will take reasonable care to ensure that representations and descriptions of goods appearing on our website are correct. We have made reasonable efforts to display as accurately as possible the appearance/colour/texture/finish of our goods. However, you acknowledge and accept that there may be minor differences between the actual goods and the way that they appear on our website. For example, the colour tone may differ.
5.2 The labelling or packaging of the goods you receive may differ from the images of these which you see on our website.
6. How you order - and forming a contract with us
6.1 Your order is an offer to buy from us.
6.2 You place your order by using the ordering process on our website. This involves selecting the goods, placing them in the shopping cart and sending your order to us by clicking on the “Place Order” button. You can check and amend any mistake before making an order by using the change function and/or the internet browser back button.
6.3 You must ensure that your order, including delivery address, and any other information you supply to us is correct and you tell us immediately if there are any changes.
6.4 We accept your offer and there is a binding legal contract between you and us when we send you a confirmation email. However, we are not obliged to supply any goods which are unavailable. If any goods are unavailable, we will notify you of the unavailability as soon as possible, before we conclude a contract with you.
7. Price and payment
7.1 The price for the goods you order is as stated on our website at the time you send us your order. Any applicable VAT or sales tax is included in any price shown.
7.2 We accept payment by debit card, credit card, PayPal, and in certain countries, Cash on Delivery. We accept the following cards: Visa, VISA Electron, MasterCard, and Maestro. Except in the case of Cash on Delivery, payment is in advance by the means stated and we are entitled not to send off the goods until we have received full payment in cleared funds.
7.3 Delivery costs are charged extra at the rate shown on our website when you place your order. Please note, our charges don’t include customs or import duties which may be applied to your order by the relevant authorities. We have no control of these and it is your separate responsibility to pay for them. We recommend that you check with your local customs office in advance.
7.4 If we have mispriced any item by mistake, we are not obliged to supply the item at that price provided we tell you before we send it. If we do, then you can decide if you want to order the item at the right price but, if you do not, we will provide a full refund of any payments already made.
7.5 You must contact us immediately with full details if you dispute any payment, at contact details mentioned at the end of this document.
7.6 If any amount due to us is unpaid, or unjustifiably charged back, we may end this agreement on written notice (including email).
8. Discount codes
8.1 We may offer discount codes from time to time. Unless otherwise stated, all discount codes refer to the price excluding delivery charges. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retroactively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is subject to additional specific terms and conditions which are specified at the point of issue of discount codes.
8.2 We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
9.1 Delivery will be complete when we deliver to the address which you specify when ordering. We may deliver different parts of your order on different dates.
9.2 Delivery is only to the countries we specify. We reserve the right to refuse any order from a country to which we do not deliver
9.3 Unless otherwise stated, delivery dates or period given on our website are estimates only. We have no liability for any losses arising from delay in delivery (a) to the extent that this is due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay or (b) if you have failed to supply us with adequate delivery instructions.
9.4 If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to immediately contact the courier to arrange re-delivery. If nobody is available to receive the goods, we reserve the right to leave them at the doorstep, hall or reception as available, or with a neighbour.
9.5 If the goods are undelivered arising from your failing to comply with this contract (e.g., providing an incorrect delivery address, not paying customs/import charges, not contacting the courier to arrange re-delivery after an unsuccessful delivery attempt) and are sent back to us, you are responsible to pay us (a) the amount of any additional fee charged to us by the courier for returning the goods to us; and (b) any re-stocking or similar fee which our warehouse company charges us for handling the returned goods. We are entitled to require that such costs be paid before we arrange any re-delivery of the goods to you and/or to add such costs to the amount of any future order placed by you and/or to deduct such costs from any refund (to the extent legally allowed).
10. When you become the owner of the goods
10.1 You become owner of the goods after the later of delivery of the goods and payment of the price plus delivery charges. Until that happens, you hold the goods on our behalf.
11. Consumer right to cancel (“cooling off”)
11.1 If you live in the “European Economic Area”, you have the right to cancel this contract subject to the provisions set out below. This right is not affected by any separate returns policy on our website.
11.2 You You lose the right to cancel contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.
11.3 If you do have the right to cancel, please see the instructions at the end of this document.
12. Liability – restrictions on our legal responsibility (IMPORTANT)
12.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
12.2 We are not responsible for any loss or damage caused by us or our employees or agents in circumstances where:
a) there is no breach of a legal duty owed to you by us or by any of our employees or agents;
b) ssuch loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
c) such loss or damage is caused by you, for example by not complying with this agreement; or
d) such loss or damage relates to a business (as we do not intend for goods bought by Consumers to be used for business).
12.3 You will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).
13. Events outside our control
13.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
14.1 You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy available here Privacy & Cookies, which is subject to change from time to time.
15. English law and courts
15.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is at the end of this document.
16. General but important stuff
16.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated above). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise.
17.1 If you have any complaints, please contact us via the contact details shown below.
18. Our company information
18.1 Company name: Sanlucar Digital OÜ
18.2 Trading name: Fabify
18.3 Country of incorporation: Estonia
18.4 Registered number: 16118367
18.5 Registered office: 8Caspart House , Telliskivi 57-105 , 10412 Tallinn
18.6 Main trading address: Caspart House, Telliskivi 57-105, 10412 Tallinn
18.7 Contact email address: [email protected]
18.8 Other contact information: see our website - https://fabify.com
RIGHT TO CANCEL (“COOLING OFF”)
The following applies if you have the legal right to cancel this contract (as explained above):
Right to cancel:
1. You have the right to cancel this contract within 14 days without giving any reason.
2. The cancellation period will expire after 14 days from the day:
a) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods; or
b) in the case of multiple goods ordered by you in one order and delivered separately: on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
3. To exercise the right to cancel, you must inform us Fabify Ltd, 47 Lamb’s Conduit Street, London, WC1N 3NG, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or by e-mail to [email protected]). You may use the model cancellation form below but it is not obligatory.
4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation:
5. If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
6. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
7. We will make the reimbursement without undue delay, and, except for the situation mentioned in clause 8 below, within 14 days from the date on which we are informed by you of your decision to cancel the contract concluded with us.
8. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you paid via the Cash on Delivery payment method or, you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
9. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
10. You will bear the direct cost of returning the goods.
11. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
MODEL CANCELLATION FORM
Complete and return this form (by post or by e-mail to [email protected]) only if you wish to cancel the contract:
— To Fabify Ltd, 47 Lamb’s Conduit Street, London, WC1N 3NG:
— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],
— Ordered on [*]/received on [*],
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate