1. Introduction

1.1 These terms and conditions shall govern the sale and purchase of products through our website.

1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.

1.3 This document does not affect any statutory rights you may have as a consumer such as rights under the Consumer Contracts Information, Cancellation and Additional Charges, Regulations 2013 or the Consumer Rights Act 2015.

2. Interpretation

2.1 In these terms and conditions:

(a) "we" means “you”; and
(b) "you" means our customer or prospective customer,
and “us", "our" and "your" should be construed accordingly.

3. Order Process

3.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.

3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in Section 3.

3.3 To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you may then create an account with us and log in; if you are an existing customer, you may enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an initial acknowledgment; and once we have checked whether we are able to meet your order, we will either send you an order confirmation at which point your order will become a binding contract or we will confirm by email that we are unable to meet your order.

3.4 You will have the opportunity to identify and correct input errors prior to making your order. 

 

4. Products

4.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

 

5. Prices

5.1 Our prices are quoted on our website.

5.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

5.3 All amounts stated in these terms and conditions or on our website are stated inclusive of corporation tax estimates.

5.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.

5.5 In addition to the price of the products, you will “not” pay a delivery charge, which will be notified to you before the contract of sale comes into force.

 

6. Payments

6.1 You must, during the checkout process, pay the prices of the products you order.

6.2 Payments may be made by any of the permitted methods specified on our website from time to time.

6.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

6.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back including charges made by our or your bank or payment processor or card issuer;
(c) an administration fee of GBP 25.00 including VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 including without limitation legal fees and debt collection fees, and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or another financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.

 

7. Deliveries

7.1 Our policies and procedures relating to the delivery of products are set out in Section 7  in our delivery policy document.

7.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.

7.3 We will use reasonable endeavors to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 7 days following the date of the order confirmation; however, we do not guarantee delivery by this date.

7.4 We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days following the later of receipt of payment and the date of the order confirmation.

7.5 We will only deliver products to addresses on the UK mainland. 

 

8. Distance Contracts: Cancellation Right

8.1 This Section 8 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

8.2 You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:
(a) beginning upon the submission of your offer; 
(b) ending at the end of 30 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them or, if the contract is for delivery of multiple products, lots or pieces of something, 30 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a period identified by you to take possession of them).

8.3 In order to withdraw an offer to contract or cancel a contract on the basis described in Section 8, you must inform us of your decision to withdraw or cancel as the case may be. You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform by emailing us at hello@joshfano.couk. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

8.4 If you cancel a contract on the basis described in Section 8, you must send the products back to us at Josh Fano, Studio 410, The Greenhouse, The Custard Factory, Gibb Street, Birmingham, B9 4DJ (we will send you a free return label bag ) or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in Section 8 without undue delay and in any event not later than 30 days after the day on which you inform us of your decision to cancel the contract. 

8.5 If you cancel an order in accordance with this Section 8, you will receive a full refund of the amount you paid to us in respect of the order.

8.6 If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics, and functioning of the products, we may recover that amount from you up to the product price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics, and functioning of the products" for these purposes.

8.7 We will refund money using the same method used to make the payment unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

8.8 Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 8 within the period of 30 days after the day on which we receive the returned products or if earlier after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 30 days after the day on which we are informed of the withdrawal or cancellation.

 

9. Warranties and Representations

9.1 You warrant and represent to us that:
(a) You are legally capable of entering into binding contracts;
(b) You have full authority, power, and capacity to agree to these terms and conditions;
(c) All the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(d) You will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.

9.2 We warrant to you that:
(a) We have the right to sell the products that you buy;
(b) The products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
(c) You shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
(d) The products you buy will correspond to any description published on our website;
(e) The products you buy will be of satisfactory quality.

9.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 10.1, all other warranties and representations are expressly excluded.

 

10. Limitations and Exclusions of Liability

10.1 Nothing in these terms and conditions will:
(a) Limit or exclude any liability for death or personal injury resulting from negligence;
(b) Limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) Limit any liabilities in any way that is not permitted under applicable law;
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

10.2 The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:
(a) Are subject to Section 10.1;
(b) Govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort including negligence and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

10.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

10.4 We will not be liable to you in respect of any business losses, including ( without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

10.5 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

10.6 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the greater of the total amount paid and payable to us under the contract. 

 

11. Order Cancellation

11.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
(a) You fail to pay, on time and in full, any amount due to us under that contract; or
(b) you commit any breach of that contract.

11.2 You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any breach of that contract.

11.3 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war. 

 

12. Consequences of Order Cancellation

12.1 If a contract under these terms and conditions is cancelled in accordance with Section 11:
(a) We will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b) You will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
(c) All the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 10, 15, 16, 17, 18, 19 and 20 will survive termination and continue in effect indefinitely.

 

13. Scope

13.1 These terms and conditions shall not constitute or effect any assignment or license of any intellectual property rights.

13.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.

13.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services). 

 

14. Variation

14.1 We may revise these terms and conditions from time to time by publishing a new version on our website.

14.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

 

15. Assignment

15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions. 

 

16. No Waivers

16.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

16.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract. 

 

17. Severability

17.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. 

17.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

 

18. Third-Party Rights

18.1 A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

18.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

 

19. Entire Agreement

19.1 Subject to Section 10.1, these terms and conditions, together with our delivery policy and our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

 

20. Law and Jurisdiction

20.1 These terms and conditions shall be governed by and construed in accordance with English law.

20.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

 

21. Statutory and Regulatory Disclosures

21.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

21.2 These terms and conditions are available in the English language only.

   

Terms and Conditions of Use.

1. Introduction

1.1 These terms and conditions govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website. 

1.3 If you register with our website or make a purchase on our website, we will ask you to expressly agree to these terms and conditions:

1.4 You must be over 16 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are over 16 years of age.

1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

 

2. Copyright Notice

2.1 Copyright (c) 2019, Josh Fano

2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

 

3. License to use website

3.1 You may, Subject to the other provisions of these terms and conditions:
(a) View pages from our website in a web browser;
(b) Download pages from our website for caching in a web browser;
(c) Print pages from our website;
(d) Stream audio and video files from our website; and
(e) Use our website services by means of a web browser,

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3 You may only use our website for your own personal purposes, and you must not use our website for any other purposes.

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5 Unless you own or control the relevant rights in the material, you must not:
(a) Republish material from our website (including republication on another website);
(b) Sell, rent or sub-license material from our website;
(c) Show any material from our website in public;
(d) Exploit material from our website for a commercial purpose; or
(e) Re-distribute material from our website.

3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.

3.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

 

4. Acceptable Use

4.1 You must not:
(a) Use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) Use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) Use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to our website without our express written consent;
(e) Access or otherwise interact with our website using any robot, spider or other automated means;
(f) Violate the directives set out in the robots.txt file for our website; or
(g) Use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct mailing).

4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

 

5. Products

5.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.

5.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

5.3 Prices stated on our website may be stated incorrectly.

5.4 The sale and purchase of products through our website will be subject to terms and conditions of sale, and we will ask you to agree to the terms of that document each time you make a purchase on our website.

5.5 Any product reviews that you submit for publication on our website shall be subject to the terms of Section 9 and Section 10.

 

6. Registration and Accounts

6.1 To be eligible for an individual account on our website under this Section 6, you must be at least 16 years of age and resident in the United Kingdom.

6.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

6.3 You must notify us in writing immediately if you become aware of any unauthorized use of your account.

6.4 You must not use any other person's account to access the website unless you have that person's express permission to do so.  

 

7. User IDs and Passwords

7.1 If you register for an account with our website, we will provide you with / you will be asked to choose a user ID and password.

7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person. 

7.3 You must keep your password confidential.

7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

 

8. Cancellation and Suspension of Account

8.1 We may, at any time in our sole discretion without notice or explanation:
(a) Suspend your account;
(b) Cancel your account; and/or
(c) Edit your account details,

8.2 You may cancel your account on our website using your account control panel on the website.

 

9. Your Content: License

9.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.

9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.

9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law, and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.6 You may edit your content to the extent permitted using the editing functionality made available on our website.

9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublished or edit any or all of your content.

 

10. Your content: Rules

10.1 You warrant and represent that your content will comply with these terms and conditions.

10.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3 Your content, and the use of your content by us in accordance with these terms and conditions must not:
(a) Be libelous or maliciously false;
(b) Be obscene or indecent;
(c) Infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or another intellectual property right;
(d) Infringe any right of confidence, right of privacy or right under data protection legislation;
(e) Constitute negligent advice or contain any negligent statement;
(f) Constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) Be in contempt of any court, or in breach of any court order;
(h) Be in breach of racial or religious hatred or discrimination legislation;
(i) Be blasphemous;
(j) Be in breach of official secrets legislation;
(k) Be in breach of any contractual obligation owed to any person;
(l) Depict violence, in an explicit, graphic or gratuitous manner;
(m) Be pornographic, lewd, suggestive or sexually explicit;
(n) Be untrue, false, inaccurate or misleading;
(o) Consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) Constitute spam;
(q) Be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; 
(r) Cause annoyance, inconvenience or needless anxiety to any person.

 

11. Report Abuse

11.1 If you learn of any unlawful material or activity on our website or any material or activity that breaches these terms and conditions, please let us know.

11.2 You can let us know by email at hello@joshfano.co.uk. 

 

12. Limited Warranties

12.1 We do not warrant or represent:
(a) The completeness or accuracy of the information published on our website;
(b) That the material on the website is up to date; or
(c) That the website or any service on the website will remain available.

12.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

12.3 To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.  

 

13. Limitations and exclusions of Liability

13.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.

13.2 The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions: 
(a) Are subject to Section 13.1; and
(b) Govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

13.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

13.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

13.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

13.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

13.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

13.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).  

 

14. Breaches of These Terms and Conditions

14.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: 
(a) Send you one or more formal warnings;
(b) Temporarily suspend your access to our website;
(c) Permanently prohibit you from accessing our website;
(d) Block computers using your IP address from accessing our website;
(e) Contact any or all your internet service providers and request that they block your access to our website;
(f) Commence legal action against you, whether for breach of contract or otherwise; and/or
(g) Suspend or delete your account on our website.

14.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account). 

 

15. Third-Party Websites

15.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

15.2 We have no control over third party websites and their contents, and subject to Section 13.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them. 

 

16. Variation

16.1 We may revise these terms and conditions from time to time.

16.2 The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions. We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

16.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website. 

 

17. Assignment

17.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. 

17.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.   

 

18. Severability

18.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

18.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

 

19. Third party rights

19.1 These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.

19.2 The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.  

 

20. Entire Agreement

20.1 Subject to Section 13.1, these terms and conditions, together with our privacy and cookies policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.

 

21. Law and Jurisdiction

21.1 These terms and conditions shall be governed by and construed in accordance with English law.

21.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England. 

 

22. Statutory and Regulatory Disclosures

22.1 We are registered in trade register; you can find the online version of the register at https://beta.companieshouse.gov.uk/company/09164354 and our registration number is 09164354.

22.2 We are registered as SEAL TRADE LINKS LTD with Companies House in the United Kingdom and are subject to rules, which can be found at https://www.gov.uk/government/collections/companies-house-guidance-for-limited-companies-partnerships-and-other-company-types.

 

23. Our Details

23.1 This website is owned and operated by Seal Trade Links LTD.

23.2 We are registered in England and Wales under registration number 09164354, and our registered office is at Josh Fano, Studio 410, The Greenhouse, The Custard Factory, Gibb Street, B9 4DJ.

23.3 Our principal place of business is same as our registered office address.

23.4 You can contact us by writing to the business address given above, by using our website contact form, by email to hello@joshfano.co.uk.

Privacy Policy.

We are committed to safeguarding the privacy of our website visitors and customers; in this updated privacy policy in compliance with the European General Data Protection Regulation (Regulation (EU) 2016/679), we explain how we will treat your personal information.

By using our website, you are agreeing to this policy.

Our Details

This website is owned and operated by Josh Fano, registered as Seal Trade Links LTD. We are registered in England and Wales under registration number 09164354, and our registered office is at Josh Fano, Studio 410, The Greenhouse, The Custard Factory, Gibb Street, B9 4DJ.

We are registered as a data controller with the UK Information Commissioner's Office.
Our data protection registration number is ZA197627.

Information We Collect

To fulfill your order, you must provide us with certain information such as your name, email address, postal address, payment information, medical data (prescription eye-test information) and the details of the product that you are ordering.

You may also choose to provide us with additional personal information (for a custom order such as reglazing) if you contact us directly on hello@joshfano.co.uk.

Collecting Personal Information

We may collect, store, and use the following kinds of personal information: 

(a) Information about your computer and about your visits to and use of this website including your IP address, geographical location, browser type, and version, operating system, referral source, length of visit, page views and website navigation paths;
(b) Information that you provide to us when registering with our website including your email address;
(c) Information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters including your name and email address;
(d) Information relating to any purchases you make of our goods including your name, delivery address, payment address, telephone numbers, email address and card details;
(e) Information that you post on our website for publication on the internet including your username, profile pictures, and reviews;
(f) The information contained in or relating to any communication that you send to us including the communication content and metadata associated with the communication;
(g) Any other personal information that you choose to send to us

Before you disclose to us the personal information of another person, you must obtain that person's consent to both the disclosure and the processing of that personal information in accordance with this policy

How We Use Your Information

We rely on a number of legal bases to collect, use, and share your information, including:

  • As needed to provide our services, such as when we use your information to fulfill your order, to settle disputes, or to provide customer support;

  • When you have provided your affirmative consent, which you may revoke at any time, such as by signing up for our mailing list;

  • If necessary, to comply with a legal obligation or court order or in connection with a legal claim, such as retaining information about your purchases if required by tax law; 

  • As necessary for the purpose of our legitimate interests, if those legitimate interests are not overridden by your rights or interests, such as providing and improving our services.

We use your information to provide the services you requested and in our legitimate interest to improve our services, and in compliance with our Terms of Use. We use your information as necessary to comply with our obligations under our Terms of Use

Using Personal Information

Personal information submitted to us through our website will be used for the purposes specified in this policy or on the relevant pages of the website.

We may use your personal information to: 

(a) Administer our website and business;
(b) Personalise our website for you;
(c) Enable your use of the services available on our website;
(d) Send you goods purchased through our website;
(e) Send statements, invoices and payment reminders to you, and collect payments from you;
(f) Send you non-marketing commercial communications;
(g) Send you email notifications that you have specifically requested;
(h) Send you our email newsletter, if you have requested it (you can inform us at any time if you no longer require the newsletter);
(i) Send you marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology you can inform us at any time if you no longer require marketing communications;
(j) Provide third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information;
(k) Deal with enquiries and complaints made by or about you relating to our website;
(l) Keep our website secure and prevent fraud;
(m) Verify compliance with the terms and conditions governing the use of our website

If you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the license you grant to us.

We will not, without your express consent, supply your personal information to any third party for the purpose of their or any other third party's direct marketing.

All our website financial transactions are handled through our payment services provider, Stripe. You can review the provider's privacy policy at https://stripe.com/gb/privacy.

We will share information with our payment services provider only to the extent necessary for the purposes of processing payments you make via our website, refunding such payments and dealing with complaints and queries relating to such payments and refunds.

Information Sharing and Disclosure

Information about our customers is important to us. We may disclose your personal information to any of our employees, officers, professional advisers, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy.

We share your personal information for very limited reasons and in limited circumstances, example as follows:

  • Lens suppliers: We share information with trusted lenses suppliers as necessary to provide you with our services to fulfill prescription orders.

  • Service providers: We engage certain trusted third parties to perform functions and provide services to our shop, such as delivery companies Eg. royal mail. We will share your personal information with these third parties, but only to the extent necessary to perform these services.

  • Business transfers: If we sell or merge our business, we may disclose your information as part of that transaction, only to the extent permitted by law. 

  • Compliance with laws: We may collect, use, retain, and share your information if we have a good faith belief that it is reasonably necessary to (a) respond to legal process or to government requests; (b) enforce our agreements, terms and policies; (c) prevent, investigate, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of our customers, or others.

Data Retention

We retain your personal information only for as long as necessary to provide you with our services and as described in our Privacy Policy. However, we may also be required to retain this information to comply with our legal and regulatory obligations, to resolve disputes, and to enforce our agreements. We generally keep your data for the following time period: 4 years.

Transfers of Personal Information Outside the EU

We may store and process your information through third-party hosting services in the US and other jurisdictions. As a result, We may transfer your personal information to a jurisdiction with different data protection and government surveillance laws than your jurisdiction.

If we are deemed to transfer information about you outside of the EU, we rely on Privacy Shield as the legal basis for the transfer, as Google Cloud is Privacy Shield certified.

Your Rights

If you reside in certain territories, including the EU, you have a number of rights in relation to your personal information. While some of these rights apply generally, certain rights apply only in certain limited cases. We describe these rights below:

  • Access: You may have the right to access and receive a copy of the personal information we hold about you by contacting me using the contact information below.

  • Change, restrict, delete: You may also have rights to change, restrict our use of, or delete your personal information. Absent exceptional circumstances (like where we are required to store data for legal reasons), We will generally delete your personal information upon request.

  • Object: You can object to (i) our processing of some of your information based on my legitimate interests and (ii) receiving marketing messages from us after providing your express consent to receive them. In such cases, We will delete your personal information unless we have compelling and legitimate grounds to continue using that information or if it is needed for legal reasons.

  • Complain: If you reside in the EU and wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local data protection authority.

Security of Personal Information

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

We will store all the personal information you provide on our secure (password- and firewall-protected) servers.

All electronic financial transactions entered into through our website will be protected by encryption technology or third-party providers.

You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

You are responsible for keeping the password you use for accessing our website confidential; we will not ask you for your password (except when you log in to our website).

Third-Party Websites

Our website includes hyperlinks to, and details of, third party websites. We have no control over and are not responsible for, the privacy policies and practices of third parties.

Updating Information

Please let us know if the personal information that we hold about you needs to be corrected or updated.

About Cookies

We are currently not using any cookies on our website. But, we will notify you once we do intend to use it to improve our services.

Amendments

We may update this policy from time to time by publishing a new version on our website. You should check this page occasionally to ensure you are happy with any changes to this policy.

We may notify you of changes to this policy by email or through the private messaging system on our website. 

Contact Us

For purposes of EU data protection law, Josh Fano (registered as Seal Trade Links LTD) is the data controller of your personal information. If you have any questions or concerns, you may contact us at hello@joshfano.co.uk. 

You may also send a letter to us at Josh Fano, Studio 410, The Greenhouse, The Custard Factory, Gibb Street, Birmingham, B9 4DJ

 

Returns Policy.

We understand that from time to time you may wish to return a product to us.

We have created this policy to enable you to return products to us in appropriate circumstances. This policy shall apply to all of our customers, irrespective of their geographical location and apply to all orders submitted through our website.

This document does not affect any statutory rights you may have as a consumer such as rights under the Consumer Contracts Information, Cancellation and Additional Charges Regulations 2013 or the Consumer Rights Act 2015.

Returns

If you have no other legal right to return a product and receive a refund or exchange, then you will nonetheless be entitled to return a product to us and receive a refund in accordance with this policy if: 

(a) We receive the returned product within 30 days following the date of dispatch of the product to you;
(b) The returned product is unused, in its original unopened packaging with any seal or shrink-wrap intact, with any labels still attached, and otherwise in a condition enabling us to sell the product as new;
(c) You comply with the procedure set out in this policy in relation to the return of the product;
(d) None of the exclusions set out in this policy apply.

Free Returns Procedure

In order to take advantage of your rights under this policy, you must contact us to obtain a Royal Mail returns bag which we will post to you.

Products returned under this policy must be sent by Royal Mail Post Office in a returns bag provided by us. 

Refunds

We will give you a refund for the price you paid to us in respect of any product properly returned by you in accordance with this policy.

We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

We will process the refund due to you as soon as possible and, in any event, within 14 days following the day we receive your returned product. 

Improper Returns

If you return a product in contravention of this policy, and you do not have any other legal right to a refund or exchange in respect of that product: 

(a) We will not refund the purchase price or exchange the product;
(b) We may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product;
(c) If we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.

Our Details

Our principal place of business is at Josh Fano, Studio 410, The Greenhouse, The Custard Factory, Gibb Street, Birmingham, B9 4D.

You can contact us through the contact form of our website, or by sending an email to hello@joshfano.co.uk.

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