This website www.francesprescott.com (“the Website”) is owned by Franline Limited company number 08475183 whose registered office is situate at 5 Fleet Place, London EC4M 7RD and which trades as Frances Prescott (“we/us”) and any reference to "you"/"your" means you, the user of the Website. These terms and conditions (the "Terms") are the terms which apply when you access the Website or place orders to purchase any of the products made available to you on the Website. By accessing this Website or when you place orders to purchase any of the products on the Website you agree to be bound by these Terms. We recommend that you keep a copy of these Terms for future reference. These Terms are only available in the English language. If you disagree with any part of these Terms, do not use the Website.
2. Changes to Terms
We reserve the right to revise these Terms at any time without individual notice to you. Whilst we will flag changes on the Website and/or send emails in relation to major changes, it is your responsibility to check regularly the Terms for changes and to ensure you are familiar with the current version. If you have any questions, concerns, or comments about our Terms please email us at firstname.lastname@example.org.
3. Personal Data
4. The ordering process of these Terms
Your order via our online purchase order form constitutes an offer to us to buy the products you select from the Website. All orders are subject to availability and to acceptance by us. We reserve the right to refuse to accept an order. We will send you an email acknowledging receipt of your order ("the Acknowledgement"). All communications will be addressed to the email address you supply when you register. Please note that the Acknowledgement does not constitute acceptance of the order. The contract for purchase of the product is formed when we send you the “Acceptance” as defined below.
You may select items from our range of products, details of which will be added to the "Shopping Basket" by clicking on the "Add to Basket" button. By clicking on the "Checkout" button in the "Shopping Basket", you submit an offer to buy the goods in the "Shopping Basket". As soon as this offer is accepted by us via the Acceptance (as defined below) your order forms a binding contract of sale between you and us.
Before placing an order you can view and amend your order details at any time by clicking on the "Shopping Basket".
You will automatically be sent an email confirming receipt of your order (the "Receipt") with a summary of the details of your order, which we would recommend that you print out and keep for your own records. The Receipt records the fact that we have received your order. Please check that all details in the Receipt are correct. If not, or if you do not receive a Receipt please contact us immediately on email@example.com
We will send a further email when we dispatch your goods which shall constitute our acceptance of your order (the "Acceptance") at which point a binding contract of sale will be concluded between you and us. We will file a copy of any orders that are accepted by us.
5. Personal Account
We offer you the opportunity to create a personal account. Any personal data that you provide us with during the registration process will be stored in our database; it will be entered into any subsequent order automatically.
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 firstname.lastname@example.org or by phone on 01233 225535 if you become aware or suspect any unauthorised use of your password or user name.
6. Your use of the Website
By accepting the Terms you confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects.
You agree that in using the Website you will not: (i) use the Website in any way that causes, or is likely to cause the site or access to the site to be interrupted, damaged, or impaired in any way; (ii) use the Website for any purpose that could damage the name of Franline Ltd or any goodwill attached to the Website; (iii) use the Website for criminal, fraudulent or illegal activity or in any manner which would cause harm or distress to any third party; (iv) access or attempt to access the accounts of other users or attempt to penetrate the Website security measures; nor (v) 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 that you have breached any of these restrictions or if we suspect fraudulent account activity or behaviour. This shall not limit our right to take any other action against you that we consider appropriate.
7. Prices, Delivery Charges 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 not be liable to supply that item to you at the stated price, at any time prior to Acceptance. In those circumstances, we will inform you of the correct price to 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 exclusive of UK Value Added Tax. Prices do not include delivery charges (unless a free postage promotion is being offered UK only,) or other taxes which may be applied in your jurisdiction. Our delivery charges are specified on the Delivery Information page.
Royal Mail will not deem a parcel to be lost until it has been in the postal system for a period of 14 days (UK) and 20 working days for International orders. Although it is highly unlikely deliveries will take this amount of time we are unable to dispatch a replacement or issue a refund until this period of time has elapsed. If you have placed an order, please check that your local post office is not holding it for collection.
We accept payment by PayPal and credit card. Payment will be debited from your account at the time of or shortly before dispatch of the product to you.
8. Delivery and Ownership
We accept orders for worldwide delivery. Unless otherwise stated, delivery will be made from our warehouse to the address provided by you. We shall endeavour to dispatch the product to you within one working day of you placing your order and in any event within 30 days beginning on the day after you place your order. If we are unable to dispatch the product within that time we will email to let you know and to give you an estimated delivery date. In these circumstances you have the right to cancel the order and receive a full refund.
You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address, where you fail to collect the products from the delivery address which you specified, or where the delivery company or driver is given instructions to leave the products on a doorstep or non-secure location. Notwithstanding that risk of loss or damage to the products only passes to you once they have been delivered to the delivery address, ownership of the products shall pass to you on the later of: (a) the products being dispatched by us; and (b) us receiving payment in respect of the same.
We want you to be happy with your purchase from us. If you are unhappy with the product in any way (for example if there is obvious damage to the item from transport or the product is damaged during transport) please contact our Customer Service Team on email@example.com as soon as possible.
9. Cancellation, returns and refunds
You have certain 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 14 calendar 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).
- Nothing in these Terms is intended to affect these statutory rights.
10. Return of non-faulty goods
We hope you will be happy with your purchase from us. 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 14th calendar day after the day on which you received your product and the product is returned to us within 14 days of notice of cancellation;
- you have taken reasonable care of the product prior to return - in particular this means neither the product nor the packaging must not have been damaged in any way;
- Product has to be returned unused with seals intact on the component and box and in a re-saleable condition;
- you may give us notice of cancellation by any written means (including email or letter), but it will speed up the process for you and us if you contact us by email at firstname.lastname@example.org.
- you will be responsible for the cost of returning the product to us, unless it is faulty, incorrect or not described correctly;
- you supply proof of posting.
Please return the product in suitable packaging to ensure it reaches us in good condition.
We will refund the purchase price and original delivery charge of any goods returned no later than 14 days from the day when we receive the product following notice of cancellation provided it is received within 14 days of 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.
11. Our Legal obligations and our Limitation on Liability
We accept liability for death or personal injury caused by our negligence or that of our employees and agents, or for fraudulent misrepresentation by us or our employees or agents.
You have certain rights under the law. These include that any products supplied by us will be of satisfactory quality and fit for their intended purpose.
If we breach these Terms we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of the purchase price of your order.
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 this agreement, for example loss of profits or loss of opportunity;
- failure to provide the Website or to meet any of our obligations under this agreement where such failure is due to Events Beyond Our Control.
Information provided about the products is intended to be used for informational purposes. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. Please consult with your own doctor or health care practitioner regarding the suggestions and recommendations made on the Website.
12. Copyright and Other Intellectual Property Rights
Your use of the Website grants no rights to you in relation to copyright, design rights, trade marks or other of our intellectual property rights (or the intellectual property rights of third parties).
We provide the Website to you solely for your personal, non-commercial use. You may electronically copy and print only those areas of the Website which are required in the process of using the Website as a shopping resource. The content of the Website may not be used for any other purpose without our express written permission.
Frances Prescott values its customers and respects their privacy. Any information we collect about you is held with the utmost care and security and we will never pass on your details to any third party company.
You will be asked to register if you would like to use some of the services and features we offer on our website. In order to register you will have to provide details including your name, address, telephone number and email address. When you register with us your information is stored in "My Account". You can access "My Account" directly to amend any personal details, for example, if you change your address.
When you give us information, it may be used for:
• Administration of our site
The information you give us is necessary to enable us to fulfil your order, make sure it is delivered correctly and maintain your account.
• Customer service
We ask for your contact details, such as your email address and telephone number, to enable us to answer any questions you have about using our website and to notify you about the status of your order.
• Direct marketing
We want to keep you up to date on our latest products, promotional offers and events. If you have agreed when you registered, we can inform you about these and other services and events we offer by email, post or telephone.
• Data protection
We will do our best to resolve any disputes over these Terms.
The validity and interpretation of these Terms shall, in all respects, be determined in accordance with the laws of England.
If any of these Terms are found to be invalid by any court or regulator, the other Terms shall continue to apply.