Terms & Conditions
- What these terms cover. These are the terms and conditions on which we supply products to you.
- Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
INFORMATION ABOUT US AND HOW TO CONTACT US
- Who we are. We are Charlotte Frances Lon LLP a partnership established in England and Wales. Our partnership registration number is OC403194 and our registered office is at 14 Batley Place, London N16 7NS. Our registered VAT number is 230508249.
- Ownership. The website is an official website of Charlotte Frances Lon LLP and the copyright and the database rights are owned by Charlotte Frances Lon LLP. The website and all intellectual property rights (including but not limited to rights in the website as a database) in its text, design, graphics, and the selection, organisation and arrangement thereof, together with all trademarks, logos and trade names depicted on the website belong to Charlotte Frances Lon LLP.
- How to contact us. You can contact us by writing to us at firstname.lastname@example.org or 14 Batley Place, London N16 7NS, UK.
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
OUR CONTRACT WITH YOU
- How we will accept your order. Our acceptance of your order will take place when we email you to confirm it, at which point a contract will come into existence between you and us. All orders are subject to availability. We reserve the right to refuse to supply any individual or company.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
- Your order number. We will assign an order number to your order and tell you what it is when we confirm your order. It will help us if you can tell us the order number whenever you contact us about your order.
- Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
- Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9 – Your rights to end the contract).
OUR RIGHTS TO MAKE CHANGES
Minor changes to the products. We may change the product:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
PROVIDING THE PRODUCTS
- Delivery costs. The costs of delivery will be as displayed to you on our website.
- When we will provide the products. During the order process we will let you know when we will provide the products to you. We will contact you with an estimated delivery date, which will be within 30 days after the day on which we accept your order (unless we advise you otherwise in writing).
- We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, a note will be left informing you of how to rearrange delivery or collect the products from a local depot.
- If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 11.2 will apply.
- When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us (or you collect it from us).
- When you own goods. You own the goods once we have received payment in full.
- Intellectual property rights. You recognise and agree that all copyright, database rights, trademarks and all other intellectual property rights in all product designs, material and/or content of our website is owned by Charlotte Frances Lon LLP (or our licensors) and shall remain at all times vested in us (or our licensors) as expressly authorized by us (or our licensors).
Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements;
- make changes to the product as requested by you or notified by us to you (see clause 6).
- Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
- We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 13.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 13.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 13.5).
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your shopping account and/or your personal information.
YOUR RIGHTS TO END THE CONTRACT
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 12;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;
- If you have just changed your mind about the product, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
- In all other cases (if we are not at fault and there is no right to change your mind), see clause 9.6.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6);
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
- you have a legal right to end the contract because of something we have done wrong.
- Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
- When you don't have the right to change your mind. You do not have a right to change your mind if the product has been used, damaged after delivery to you, the tags have been removed or the product is a bespoke product.
How long do I have to change my mind? If you have bought goods, you have 14 days after the day you (or someone you nominate) receives the goods, unless:
- Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
- Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
- Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 9.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
- You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
- Tell us you want to end the contract. To end the contract with us, please let us know by email: email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at 14 Batley Place, London N16 7NS or (if they are not suitable for posting) allow us to collect them from you. Please email us at firstname.lastname@example.org. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
How to return products. When returning products, please return them to us with proof of purchase (a receipt or dispatch note). We ask that you take reasonable care when handling the products and return the products unopened, unused and in their original packaging, where possible. You must observe the following guidance when returning products by post:
- We are not liable for any loss or damage to any returned products in transit and as such, we recommend that you return any products through a recorded delivery service. Returning products via post is at your own cost and risk.
- When returning products, please package the products properly and securely together with the dispatch note to ensure that the products are not damaged in transit.
- If returned products are lost or damaged in transit, we reserve the right to charge you (or be reimbursed any amounts attributable to) such loss or damage.
- If you are returning products by post, please return to: Returns, Charlotte Frances London, 14 Batley Place, London N16 7NS, UK. Please obtain a proof of postage from the post office or courier.
- Defective Products. On delivery, please check the products carefully for any possible defects. If you believe that any of our products may be defective or of unsatisfactory quality, please notify us by emailing email@example.com (indicating ‘Defective Product’ in the subject line) as soon as reasonably possible. If all products confirmed defective constitute the entire order or if all products were faulty or damaged, the original delivery charge will be reimbursed.
When we will pay the costs of return. We will pay the costs of return:
- if the products are faulty or mis-described; or
- if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
- What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
- How we will refund you. We will refund you the price you paid for the products by the method you used for payment. However, we may make deductions from the price, as described below. For the avoidance of doubt, we will not refund you the original shipping cost except in the circumstances set out in clause 10.5(a) or (b) above.
- Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may reduce your refund of the price (excluding original shipping costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
- If we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 10.3.
- In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
OUR RIGHTS TO END THE CONTRACT
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
- you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 14 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
- We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
IF THERE IS A PROBLEM WITH THE PRODUCT
- How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at firstname.lastname@example.org or 14 Batley Place, London N16 7NS, UK.
- Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
- Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please email us at email@example.com.
PRICE AND PAYMENT
- Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the product you order.
- We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
- When you must pay and how you must pay. We accept payment with most major credit and debit cards. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
- We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12.2; and, for defective products under the Consumer Protection Act 1987.
- We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
HOW WE MAY USE YOUR PERSONAL INFORMATION
How we will use your personal information. We will use the personal information you provide to us:
- to supply the products to you;
- to process your payment for the products; and
- if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
- We will only give your personal information to third parties where the law either requires or allows us to do so.
- How we will use your personal information. We will use the personal information you provide to us:
OTHER IMPORTANT TERMS
- We reserve the right to amend these terms and conditions at any time. Any such amendments will take effect when posted on the website and it is your responsibility to read the terms and conditions on each occasion you use the website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.