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TERMS & CONDITIONS

 

FERIAN’s ("FERIAN" "we" "us") website(s) (our "Site" or "Sites") and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our Sites (collectively, the "TOS"). Please read the TOS carefully before placing any orders on ferian.co.uk We recommend you should keep a copy of the TOS for future reference.

FERIAN is a trading name of Ferian Limited, a company registered in England and Wales under registration number 7824265. Our registered address is 19 GREENBANK LONDON N128S UNITED KINGDOM. Our VAT number is 201 9672 23.

In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under 16 you must let your parent or guardian know about FERIAN's Privacy Policy before you register to use this Site or any of this Site's services. We reserve the right to only accept orders from those over 18 however.

We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

 

Registration

To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address info@ferian.co.uk We may also change registration requirements from time to time.

The account password you provide should be unique and kept secure, and you must notify FERIAN immediately of any breach of security or unauthorised use of your account.

Please refer to our Privacy Policy for information about how we use your data.

 

Eligibility to purchase

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the FERIAN terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to FERIAN, whose applications are acceptable to FERIAN and who have authorised FERIAN to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, FERIAN reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.

 

Orders

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.

FERIAN offers products for sale that are in stock and available for dispatch from our distribution centre. Occasionally however, we may be waiting for shipments from our suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once stock has been delivered to FERIAN. FERIAN will only take Advance Purchase orders for stock that has been scheduled for delivery by a supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at FERIAN. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.

Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.

If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.

FERIAN will store a record of your transactions for a minimum of one year.

 

Pricing Policy

Prices shown on the Site are in GBP and are inclusive of VAT at the applicable rate unless you have selected an alternative country where VAT is not chargeable.

All prices and offers remain valid as advertised from time to time. The GBP price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.

Product prices are set at the beginning of each season. These prices are subject to change.

Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.

If you are a customer whose credit/debit card is not denominated in Sterling, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

Sale Price Adjustment Policy FERIAN is happy to offer a Sale Price Adjustment on items purchased up to 7 days prior to the commencement date of a sale. Please be aware that the exact style of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to our FERIAN account in the form of a store credit which will be valid for 12 months.

We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.

 

Acceptance of your order

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order and completion of the contract between you and FERIAN will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in London, England and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of FERIAN.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.

 

Payment

You can pay with PayPal. When selecting this option at checkout, you will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now'. Once this transaction is complete, you will then return to FERIAN.CO.UK. Payment will be debited and cleared from your account upon dispatch of your order by FERIAN.

We take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.

 

Promotion Codes

Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.

 

Insurance and Delivery

FERIAN insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by FERIAN, and transfer of responsibility in the same way.

Please note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. FERIAN are not responsible for any delays caused by destination customs clearance processes.

 

Returns and Exchanges

CANCELLING YOUR ORDER UNDER THE CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013

If you are based in the EU under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (ICACRs), you have the right to cancel your order with us provided you give us written notice.

 

Right to Cancel under the ICACRs

You have the right to cancel your order within 14 days without giving any reason.

The cancellation period will expire 14 days from the day after the day on which you acquire ( or a third party other than a carrier and indicated by you acquires) physical possession of the last of the goods.

To exercise the right to cancel, you must inform us by letter to: Notice of Contract Cancellation, Customer Care Department Ferian PO BOX 61368 London, N19 9DW or by email to: info@ferian.co.uk

For orders cancelled under the ICACRs, we will issue you with a full refund including the shipping cost paid by you. 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.

We will make reimbursement without undue delay, and not later than:(i) 14 days after the day we receive back from you any of the goods supplied; or
(ii)(if earlier) 14 days after the day you provide us with evidence that the good have been returned; or
(iii) if no goods were supplied, 14 days after the day on which we are informed about your cancellation.

We will make reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

In the event that we have sent goods to you and you have cancelled your order, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is the earliest. If we do not receive the cancelled order back, we may arrange to have it collected from you at your cost.

You shall return cancelled orders to: FERIAN Limited PO BOX 61368, London, N19 9DW without undue delay and in any event not later than 14 days from day on which you communicate your cancellation of the contract to us. The deadline is met if you send the goods before the period of 14 days has expired.

You will have to bear the cost of returning the goods.

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.

Please note you may only use your right to cancel the order under the ICACRs if you give us formal written notice of cancellation any time after your order has been placed, up until 14 calendar days from the day after you receive your order, by email or post as described above, i.e. before requesting your RMA through your FERIAN account.

 

RETURNS AND EXCHANGES USING OUR FREE COLLECTION SERVICE

As an alternative to using your rights under the ICACRs, you may prefer to return or exchange items using our free returns and exchanges collection service. You must request your Returns Merchandise Authorisation (RMA) number within 14 days of order receipt, and return your unwanted items within 14 days of receiving your RMA number, for a refund of the value of the item only, or an exchange for the same item in a different size, based on stock availability. If you wish to exchange your item for an alternative product, we suggest that you return it for a store credit and purchase the new item separately.

Please refer to our Returns and Exchanges Policy for further information.

Shipping is complementary on the replacement item, but exchanges made to destinations outside of the UK will be processed for customs clearance and therefore any relevant import duty and tax charges will apply. See costs for Shipping and Returns.

Please note our free collection service is not available for orders cancelled under the ICACRs.

 

Our policy

Items should be returned unused and with all FERIAN care cards still attached. Returns that are damaged or soiled will not be accepted and will be sent back to the customer and/or a refund refused.

Please email info@ferian.com if any of your purchases have been delivered without FERIAN tags.

All items returned should have a Return Merchandise Authorisation (RMA) number to allow easy identification and prompt processing. Unidentified returns will be returned to the customer.

 

Faulty goods

Goods are faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty.

If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.

 

Colours

We have made every effort to display as accurately as possible the colours of our products that appear on FERIAN. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.

 

REPEATED RETURNS

We offer a flexible returns policy to make your online shopping experience even easier. However, we do monitor the number of returns made and may refuse to accept orders at our discretion if goods are returned repeatedly.

 

Intellectual Property Rights

Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including FERIAN Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by FERIAN and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

 

Content

In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. FERIAN tries to ensure that the information on this site is accurate and complete. FERIAN does not promise that FERIAN's Content is accurate or error-free. FERIAN does not promise that the functional aspects of the Site or FERIAN's Content will be error free or that this Site, FERIAN Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

 

No Commercial Use

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

 

Your Activity

You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, or violated the TOS, we may deny you access to this Site on a temporary or permanent basis.

 

Third Party Sites

We may include hyperlinks on this Site to other websites or resources operated by parties other than FERIAN, including advertisers. FERIAN has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

 

Your Rights

You have certain rights under the law. In England these include:

  • That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
  • Certain remedies if a product is defective; and
  • A right to cancel any order for a product within 14 days after the date of receipt of the product and receive a full refund even if it is not defective (see Cancelling your order above).

Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.

 

Limits on our Liability

We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.

Nothing in the TOS is intended to affect your rights under the law (see "Your Rights" above).

If FERIAN breaches the TOS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and FERIAN at the time of you placing your order, and FERIAN dispatching your order. We shall only be liable for losses up to 100% of the total value of goods purchased.

We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).

We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.

 

Compensation

At our request, you agree to compensate us fully, defend us, and hold us FERIAN harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction

 

Our Relationship

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and FERIAN as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of FERIAN, and we shall not be liable for any representation, act, or omission on your part.

 

No Waiver

If you breach the TOS 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 the TOS.

 

Complaints and Governing Law

If you have a complaint about us email info@ferian.co.uk giving full details including date of purchase and order reference number where applicable and your full name and address and contact details. The TOS together with all our policies and procedures will be governed by and construed in accordance to the English law and the relevant courts of England and Wales will have exclusive jurisdiction.