1. INTRODUCTION

This Website is operated by Fanny and Frank Limited, a company incorporated in England and Wales under number 5250557 with its registered office at 6 Market Hill, Woodbridge IP12 4LU (“Fanny & Frank” or “Fanny and Frank Limited” or “we” or “us”).

Access to and use of this Website and the supply of the products and services available through this Website (“Services”) are subject to the following terms, conditions, notices and policies (the “Terms of Service”). When you use this Website or buy via this Website you are agreeing to all of the Terms of Service, as updated by us from time to time.

2. PRIVACY POLICY

Our policy with regard to the use of your information can be found on the page of this Website titled Privacy Policy. By using this Website, you consent to the processing of your information in the way described in that policy and warrant that all data provided by you is accurate.

3. ELIGIBILITY AND YOUR CONDUCT

In order to use the Services made available by the Website you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not Fanny & Frank, are responsible for all electronic communications and content sent from your computer (or other device) to us and you must use the Website for lawful purposes only.

4. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

All content, and compilation of content, included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software comprised within this Website, is the property of Fanny & Frank Limited, its affiliates or its content suppliers and is protected by UK, EU and international copyright, design right and equivalent laws of other countries.

The trade marks, logos, and service marks displayed on the Website (collectively, the ‘Trade Marks’) are the registered and unregistered marks of Fanny & Frank, our affiliates, our licensors or our partners, in the UK and other countries, and are protected by UK and international trademark laws. All or any other trade marks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.  We do not make any warranty or representation in respect of any other trade mark and the trade marks of the brands featured on this Website.

You may not systematically extract and/or re-utilise parts of the contents of this Website without Fanny and Frank Limited’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of this Website, without Fanny and Frank Limited’s express written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this Website without Fanny and Frank Limited’s express written consent.

5. TERMS OF SALE

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and there are no guarantees as to delivery times.

We remain the right to refuse any order placed by you. If your order is accepted we will inform you by e-mail. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

(a) Our Contract

When you place an order, you will receive an e-mail from us acknowledging receipt of your order: this e-mail will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract made between us.

(b) Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund. All prices are inclusive of VAT. 

(c) Payment

Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.

6. DISCLAIMER OF LIABILITY

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary, to the fullest extent permitted by law, Fanny and Frank Limited and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute or law and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Fanny and Frank Limited’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment (or other device), software programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website. Fanny & Frank accepts no responsibility for third party websites which may link to this Website from time to time.

7. LINKING TO THIS WEBSITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

8. DISCLAIMER AS TO OWNERSHIP OF TRADE MARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT

Except where expressly stated to the contrary, all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Fanny and Frank Limited and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Fanny and Frank Limited.

9. INDEMNITY

You agree to indemnify, defend and hold harmless Fanny and Frank Limited, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

10. VARIATION

Fanny and Frank Limited shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

11. INVALIDITY

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of the Terms of Service will not be affected, all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

12. COMPLAINTS

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

13. WAIVER

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. Accordingly, our lack of action in case of your breach of the present conditions, may not be construed in any case as a waiver of our right of action.

14. GOVERNING LAW AND JURISDICTION

These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.

15. ENTIRE AGREEMENT

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Fanny and Frank Limited. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Fanny and Frank Limited.

16. FORCE MAJEURE

If Fanny and Frank Limited is prevented or delayed (directly or indirectly) from delivering any products or from otherwise performing this or any part of this agreement by reason of act(s) of God, war, embargo, riot(s), strike(s), lock-out(s), trade dispute(s), fire(s), break-down, inclement weather, interruption of transport, Government action, delay in delivery to Fanny and Frank Limited of any goods or materials or by any cause whatsoever (whether or not of like nature to those specified above) in each case outside such Fanny and Frank Limited’s control, Fanny and Frank Limited shall not be under any liability whatsoever to you by reason of such event.