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TERMS & CONDITIONS

1. INTRODUCTION    

Welcome to the Fern & Grey Terms & Conditions.  By accessing or using this Website you  confirm that you are aged 18 years and over and that you agree to these Terms & Conditions as well as agreeing to use the Website in accordance with all applicable laws. If you do not agree to these Terms & Conditions please do not continue to use the Website. We'll keep these Terms & Conditions up to date at www.fernandgrey.com (“the Website”). We may at any time change these Terms & Conditions and all changes will be effective immediately.  We hope that you enjoy using our Website and if you have any questions relating to these Terms & Conditions or the Website itself then please contact us at shop@fernandgrey.com

Please note that when we say "we", "us" and "our" in these Terms & Conditions we mean Fern & Grey Limited (Company number: 9326499) with a registered office at 71-75 Shelton Street, London, WC2H 9JQ (“Fern & Grey”) a “you"/"your”/”user”/”Customer”) means the users of the Website.

By checking the "Terms & Conditions" box on our Order Form, you agree that you have read, understand, and accept the Terms & Conditions described below and you agree to be bound by these Terms & Conditions and all terms, policies and guidelines incorporated in the Terms of Conditions by reference, including, but not limited to, the Privacy Policy located at fernandgrey.com/privacy ("Privacy Policy") may be provided from time to time). If you do not agree to these Terms & Conditions, you will not be able to Order any Products from our Website. The Products are offered to you conditioned on your acceptance without modification of these Terms & Conditions, including without limitation, our right to use all data collected and analysed by the ordering of the Products.

 

2. FERN & GREY PRODUCTS

For every Product on sale on the Website, Fern & Grey undertakes to give a description of all the essential information. All images on the Website are strictly for illustrative purposes only. Images and descriptions are not contractual and Fern & Grey cannot be held responsible for any mistakes that might occur. In particular, the images and the colours of the Products shown on the Website may not correspond to the real Product, depending on the Internet browser and the resolution of the screen used by the client. It is also normal for there to be some differences between the photographed Products and the delivered Products. Although not always mentioned, it may be the case that some self-assembly will be required on certain Products.

3. YOUR PRODUCTS ORDER

3.1 Our acceptance of your Order takes place once you have submitted your Order, at which point the contract for the purchase of goods will be made and you will be charged. When you place an Order on our Website we shall email you an Order confirmation email.

3.2 Once you have checked out and you have received your Order confirmation email you will not be able to make any changes to your Order so please make sure that everything is correct before submitting your Order.

3.3 Any discounts triggered by the entry of a promotional code will not be applied until the Order is accepted but will be detailed on the invoice.

3.4 We reserve the right to refuse an Order. Non-acceptance of an Order may, for example, result from one of the following:

  • The Product Ordered being unavailable from stock
  • Our inability to obtain authorisation of payment
  • The identification of an error within the Product information, excluding price
  • If we suspect any fraudulent activity
  • Your chosen delivery address is not in an area that we delivery to.  

 

If there are any problems with your Order we shall contact you. We reserve the right to reject any offer to purchase by you at any time. We will take all necessary measures to keep the details of your Order and payment secure.

3.5 All Prices are in GBP and subject to change without notice. These changes will not affect Orders that have already been placed. Prices are inclusive of VAT (where applicable).

3.6 Goods are subject to availability. If an item you have ordered becomes out of stock once you have submitted your Order we shall notify you as soon as possible and you will be refunded the price paid for the item and any delivery charges.

3.7 We continually update our Website. From time to time our stores may run special local promotions (which may not be available on our Website) or we may offer special discounts online that are not available in stores. Additionally, some Website promotions may not be available to Customers in particular jurisdictions.

4. DAMAGED PRODUCTS

4.1 Fern & Grey will not be responsible for any alleged damage to goods where the alleged damage is not reported to Fern & Grey within 1 day of delivery.
4.2 Where possible, goods being returned should be returned in their original packaging and in any case packaged in such a manner as to ensure that they are returned to Fern & Grey without loss or further damage.  

5. HOW THE CONTRACT IS FORMED

5.1. After placing an Order, you will receive an e-mail from us acknowledging that we have received your Order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to us to buy a Product. All Orders are subject to availability and acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been Payment (the "Payment Confirmation"). The contract between us ("Contract") will only be formed when we send you the Payment Confirmation.

5.2. We will not process your Order until payment has been received in full in accordance with the provisions of clause 7.

5.3. If you make a mistake with your Order, you may be able to correct any mistakes made by email prior to your Order being processed. If your Order has already been processed you will be unable to amend your Order. If your Order has already been Payment, please return the Products to us in accordance with our Returns Policy.

5.4. The Contract will relate only to those Products whose Payment We have confirmed in the Payment Confirmation. We will not be obliged to supply any other Products which may have been part of your Order until the Payment of such Products has been confirmed in a separate Payment Confirmation.

5.5. We are entitled to refuse any Order made by you for any reason.

5.6. When making a request you undertake that all details you provide to us requesting goods or services are true and accurate, that you are an authorised user of the credit or debit card used to make your request and that there are sufficient funds to cover the cost of the goods and services. It is your responsibility to inform us of any changes to these details as soon as possible.

6. TITLE TO PRODUCTS

6.1 The Customer acknowledges that before entering into any Contract with Fern & Grey, he has represented and warranted that he is not insolvent and has not committed any act of bankruptcy, or, being a company with limited or unlimited liability, knows of no circumstances which would entitle any debenture holder or creditor to appoint a receiver, to petition for winding up of the Customer or exercise any other rights over or against the Customer's assets.

6.2 Title in the goods shall pass upon payment of the whole of the price of those goods (as varied under these Terms & Conditions and including any Interest accrued on the price) and until then the goods shall be and remain the sole and absolute property of Fern & Grey as legal and beneficial owner.

6.3 Until title passes in accordance with Condition 6.2 the Customer will be in possession of the goods solely as the bailee of Fern & Grey.

6.4 The Customer's right to possession of the goods shall cease if the Customer commits an act of bankruptcy or goes into liquidation (other than for the purpose of amalgamation or reconstruction whilst solvent) or suffers the appointment of an administrative receiver or an administrator or enters into a composition or arrangement with its creditors.

6.5 Until title in the goods has passed in accordance with Condition 6.2 the Customer will not remove alter or deface any identification sign mark label or serial number of Fern & Grey.

6.6 If the Customer sells on Fern & Grey's goods before title in them has passed from Fern & Grey, the entire proceeds of sale of the goods shall be held by the Customer on trust for Fern & Grey and placed in a separate account identified as Fern & Grey's monies and until it receives such sale proceeds the Customer shall hold on trust for Fern & Grey its rights against the person to whom the goods were sold and will assign those rights to Fern & Grey on request.

7. DELIVERY

7.1 We will endeavour to adhere to stipulated delivery deadlines. However, delivery deadlines will not be binding unless expressly agreed otherwise. Our contractual obligations are subject to our supplier delivering the correct products to us on time.

 

7.2 The Customer shall be responsible for the payment of the full delivery charge which will be communicated to the Customer at the time of purchase. Fern & Grey shall arrange delivery of an Order to the Customer provided that the Customer pays the applicable delivery charge in full to Fern & Grey at the time of purchase.

 

7.3 Under no circumstances will Fern & Grey be held responsible in any way for the delays on the part of the delivery company or the non-availability of the item requested.

7.4 In cases where the Customer has arranged delivery of an item or items of furniture and no person is available to accept delivery, the Customer will be responsible for the extra costs incurred by Fern & Grey and the details of such costs will be notified to the Customer prior to departure of the delivery.

7.5 Fern & Grey shall arrange delivery of the items purchased to the front entrance of the property where the Customer requests delivery to be made. Fern & Grey will not accept any responsibility for damage to any item of furniture arriving from the movement of the said item of furniture to the various passages, hallways and doorways of the property.

 

 

8. PAYMENT METHODS

8.1 There are easy and flexible ways for you to pay for your Order. We accept:

- Mastercard and Visa credit cards

- Maestro, Delta, Solo or Electron debit cards

-PayPal

Simply complete the details when prompted to do so in the checkout section of this Website.

You confirm that the card or PayPal account being used is yours.

8.2 We may undertake searches with credit reference agencies for the purpose of verifying your identity and the Personal Information You submit as part of an Order To do so the agencies may check your Personal Information against any particulars on any database (public or otherwise) to which they have access. They may also use your details in the future to assist other companies for verification purposes. By submitting your Order you agree to this. For details of the credit reference agencies we receive information from and share information with, write to Fern & Grey Limited, 71-75 Shelton Street, London, WC2H 9JQ

9. CANCELLATION/RETURNS

9.1 Products Ordered from our Website can only be returned in accordance with your statutory rights as a consumer. You can return a Product if, for example,  You also have the right to cancel your contract with us and return your items at any time between the date you placed your Order until the expiry of 14 calendar days from the day after the date you received your Order. Please note this does not apply to certain Products.

 

9.2 You must take good care of the Order whilst they are in your possession. If you are returning the goods because you have exercised your right to cancel your contract, you are responsible for the cost of the initial delivery charges AND the Return delivery charges.

9.3 Please call us once the item has been collected by courier and allow 28 days from the day the item is collected for your refund to be processed.

9.4 The refund will be processed once you have called Fern & Grey to notify us that the item has been collected and after we have confirmation that the item has been received into our distribution centre. Please note that it may take 7-10 working days for the refund to show in your account. Your refund will show on your statement as a refund / credit from Fern & Grey. Refunds will be credited to your original method of payment.

 

9.5 If you are not a Consumer as defined by the Consumer Protection Act 2007 then you have no right to cancel the contract and no refund will be provided.  

 

10. RIGHT TO VARY THE TERMS

We reserve the right to change these Terms & Conditions at any time, and you agree to abide by the most recent version of this Terms & Conditions each time you view and use the Website. You are accordingly advised to consult the Terms & Conditions Agreement each time you view and use the Website. Do not use the Website if you do not agree to all of the Terms & Conditions.

11. ACCURACY OF INFORMATION AND USAGE

11.1 This Website may include unintentional inaccuracies or typographical errors, for which we apologise. Fern & Grey reserve the right to make changes in the Products, prices and content described in this Website at any time and without notice.

11.2 You may not copy, reproduce, republish, download, make available to the public, or otherwise use our Website content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any our Website content except for your own personal, non-commercial use. Any other use of our Website content requires the prior written permission of us.

11.3 Where applicable, Fern & Grey may provide you with a user ID and password to enable you to access the relevant restricted areas of the Website.  You must ensure that the user ID and password is kept confidential.  You accept responsibility for all activities that occur as a result of your receiving your user ID or password.   You agree to immediately notify Fern & Grey of any unauthorised use of your user ID and password or breach of security that You are or that you become aware of and you hereby agree to indemnify and keep indemnified Fern & Grey against any loss or damage whatsoever arising out of or in connection with the unauthorised use of your User ID or password by any of your employers or agents, past or present. Kindly alert us straight away regarding any suspected misuse of your details so that we can assist you right away.    Advertisers may place unlimited free adverts on the Website; all fees relate to sending and receiving messages and obtaining telephone numbers.

12. DATA PROTECTION

Please see out Privacy Policy fernandgrey.com/privacy to see how we deal with our Data

13. LIMITATION OF LIABILITY

(a)        Whilst Fern & Grey endeavours to ensure that the Data on this Website and we will do our best to keep everything up to date, there may be occasions that Data is not completely accurate. In such circumstances, Fern & Grey shall not be held liable.  

(b)        Any content, materials, information or software downloaded or otherwise obtained through the use of the Website is so obtained at your risk. Fern & Grey will do everything possible to make sure that your use of the Website is trouble free but sometimes issues may occur beyond the control of Fern & Grey.  If any issues occur, Fern & Grey will do everything possible to assist you in resolving these difficulties.

(c)      Fern & Grey will bear no responsibility for any personal injury, damage or loss to property or valuables, loss of profit or for any other direct or indirect damage that may be suffered by you or any third person as a result of and/or in relation your use of the Website.

(d) Notwithstanding anything hereunder, except for death , personal injury or damage caused by the gross negligence or wilful misconduct of Fern & Grey, the total liability of Fern & Grey for all damages ( Whether in tort, contract or any other theories of law ) shall not exceed the amount paid by the Customer for the Order.

14. INDEMNITY

You agree to defend, indemnify and hold Fern & Grey and (as applicable) its officers, directors, employees, agents, subsidiaries, affiliates, suppliers and any of our third party information service providers or other representatives harmless against any and all claims demands, losses, expenses, damages and costs, including legal costs, however arising resulting from any violation or breach by you of these Terms & Conditions or any claims made by or liabilities to any third party resulting from any activities conducted under your account, your use or misuse of this Website, including but not limited to posting content on this Website, entering into transactions with other Website users, contacting others as a result of their postings on this Website, infringing any third party's intellectual property or other rights, or otherwise arising out of your breach of these Terms & Conditions.

15. PERSONAL INFORMATION

Please see our Privacy Policy to see how we use your personal information fernandgrey.com/privacy

16. INTELLECTUAL PROPERTY RIGHTS

The contents of this Website, such as articles, other text, trademarks, service names, business and trading names, logos, graphics, images, software and other material, are protected by copyright, trade mark and other intellectual property rights. If you wish to redistribute any content on this Website then you must obtain the prior written consent of. Fern & Grey

17. APPLICABLE LAW

These Terms & Conditions shall be governed by and construed in accordance with the laws of England.  You and Fern & Grey consent to the jurisdiction to the courts in London to settle any disputes in connection or arising out of the use of the Website. Fern & Grey shall be entitled to waive this jurisdictional clause and submit to the jurisdiction where you are located.

18. ASSIGNMENT

You may not assign your rights or obligations under these Terms & Conditions to any third party.

19. WAIVER

The failure of Fern & Grey to enforce any strict provision of any of these Terms & Conditions will not constitute a waiver of its right to subsequently enforce such a provision or any other term or conditions. 

20. THIRD PARTY CONTENT

The Website may provide links to other Websites and access to content, Products and services from third parties. Fern & Grey is not responsible for the availability of, or content provided on, such third party Websites.  You should refer to the policies posted by other Websites regarding privacy and other topics before you use them.  You acknowledge and agree that FERN & GREY is not responsible for third party content accessible from the Website and that you bear all risks associated with such content. 

21. SEVERABILITY

If any of the provisions of these Terms & Conditions is found by a court or other competent authority to be void or unenforceable such provision shall be deemed to be deleted from the Terms & Conditions and the remaining provisions of the Terms & Conditions shall remain in full force and effect. 

22. ENTIRE AGREEMENT

These Terms & Conditions constitute the entire agreement between you and Fern & Grey in relation to your use of the Website and supersede all previous agreements (if any) in respect of your use of the Website. 

23. SUSPENSION/TERMINATION

Fern & Grey may at any time, without notice to you, suspend or terminate your access to this Website or any service forming part of this Website, wholly or partially for any reason, including without limitation, where you are in breach of these Terms & Conditions.  Fern & Grey s not liable to you or any third party for any suspension or termination of access to this Website.

24. FORCE MAJEURE

If either You or Fern & Grey is affected by force majeure it must forthwith notify the other of the nature and extent thereof.  Neither You nor Fern & Grey will be deemed to be in breach of these Terms & Conditions or otherwise be liable to the other by reason of any delay and performance or non performance of any of its obligations to the extent that the delay or non performance is due to any force majeure of which it has notified the other party and the time for performance of that obligation will be extended accordingly.  If the force majeure in question prevails for a continuous period in excess of thirty days then you and Fern & Grey will enter into bona fide discussions with a view to alleviating its effects or to agree to such alternative arrangements as may be fair and reasonable.  If Fern & Grey and You cannot come to a resolution of the force majeure within three months the innocent party shall be entitled to terminate the provision of services under these Terms & Conditions on seven days written notice to the other. 

25. NOTICES

Any notice or other communication given or made under these terms and   conditions shall be in writing and may be delivered to the relevant party by email or direct message through the Website account. The relevant email for notices for Fern & Grey is shop@fernandgrey.com

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