GIFTSHOP TERMS

SAY FANKS GIFTSHOP TERMS AND CONDITIONS OF SALE

BY CONFIRMING AND PLACING YOUR ORDER VIA OUR WEBSITE, AND BY TICKING THE BOX TO ACCEPT THESE TERMS AT CHECKOUT, YOU AGREE TO BE BOUND BY THESE GIFT SHOP TERMS AND CONDITIONS OF SALE.

1. These terms

    1. What these terms cover. These are the terms and conditions on which we supply our physical and digital products to you via our website www.sayfanks.com.
    2. 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 our 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.
    3. Your promise to us. By placing an order to purchase a product from us, you promise to us that it is lawful for you to do so. If you breach this promise, we may end our contract with you and charge you reasonable compensation for the net costs which we incur as a result. We may deduct the compensation payment from the bank account which you used to pay for the product you purchased.
    4. Consumers only. These terms and conditions are intended for use by consumers only. By placing an order with us, you warrant and represent that you are purchasing the products as an individual for purposes wholly or mainly outside your trade, business, craft or profession.

2.Information about us and how to contact us

      1. Who we are. We are Fanks Limited, a company registered in England and Wales. Our company registration number is 16486448 and our registered office is at 20 Wenlock Road, London, England, N1 7GU. Our registered VAT number is GB 494624459.
      2. How to contact us. You can contact us by emailing our customer service team at crew@sayfanks.com or by writing to us at Fanks Ltd Department 126, 19 Lever St, Manchester M1 1AN.
      3. 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.
      4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. Our contract with you

    1. How we will accept your order. Our acceptance of your order will take place when we or Shopify email you to accept it, at which point a contract will come into existence between you and us.
    2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product or refund you (where applicable). 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.
    3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
    4. Completed contract. Our contract with you is completed when the product(s) you have ordered is delivered and paid for.

4. Our products

    1. 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.
    2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
    3. Digital products. Where we offer digital products, such as downloadable artwork files (for example, in JPG or PNG format), these will be made available to you for immediate download after purchase or confirmation of download (where such digital product is made available for free). All digital products are for your personal, non-commercial use only and may not be reproduced, redistributed, or used for commercial purposes. Please note that the colour, resolution, and appearance of digital files may vary depending on your device and display settings. We do not provide any personalisation or customisation in respect of digital products.
    4. Changes to digital products. We can always change a digital product, provided that the digital product always matches the description of it that we provided to you before you bought it.

5. Your rights to make changes

If you wish to make a change to the product you have ordered, please contact us as soon as possible. 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 7 – Your rights to end the contract).

6. Providing the products

    1. Delivery costs. The costs of delivery will be as displayed to you prior to confirming your order.
    2. 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 ordinarily give you an estimated date range for delivery.
    3. 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.
    4. If you are not at the delivery location 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 or left in a suitable safe place, you will be left a note informing you of how to rearrange delivery or collect the products from a local depot.
    5. If you do not re-arrange delivery. If you do not collect the products from us as arranged or 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 9.2 will apply.
    6. When you become responsible for the goods. The products will be your responsibility from the time we deliver them to the address you gave us.
    7. When you own goods. You own the products you have ordered once we have received payment in full. However, you will not own the intellectual property rights in the digital products, these are licensed to you in accordance with clause 4.3 above.
    8. Reasons we may delay the supply to you of products you have ordered. We may have to delay the supply of products you have ordered to:
      1. deal with technical problems or make minor technical changes;
      2. update the product to reflect changes in relevant laws and regulatory requirements; and/or
      3. make changes to the products you have ordered as requested by you or notified by us to you (see clause 5).
    9. Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be delaying the supply of products you have ordered, unless the problem is urgent or an emergency. This does not affect your right to end the contract under clause 7.
    10. We may refuse to supply our products that you have ordered if you do not pay. You will be asked to make payment at the time of placing your order. If we are not able to take payment from you (see clause 11.4), we will not be able to accept your order, no contract will be formed between us, and we will not be able to supply the products to you.

7. Your rights to end the contract

        1. 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:
          1. If you have just changed your mind about the product, see clause 7.2. 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 the products;
          2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.3;
          3. If what you have bought is defective or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 7.4; and
          4. In all other cases, see clause 7.5.
        2. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a right to change your mind and receive a refund from the time you place your order until 14 days after you receive the products or they are available for collection. You do not need to give us a reason for cancelling your order within this time. Please note that by purchasing digital content for immediate download, you agree to delivery commencing straight away and acknowledge that this waives your statutory right to cancel in this way once downloading has begun.
        3. 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 clause 7.3 (a) to (d) 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:
          1. we have told you about an upcoming change to the product or these terms which you do not agree to;
          2. 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;
          3. there is a risk that supply of the products may be significantly delayed because of events outside our control; or
          4. during the time between us accepting your order and dispatching your order for delivery, 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 3 weeks.
      2. Defective goods. If the product you receive is faulty, not as described, or otherwise defective, you have a legal right to certain remedies. Depending on the circumstances, you may be entitled to a repair or replacement, a price reduction, or a full or partial refund. These rights are provided by the Consumer Rights Act 2015 and apply in addition to any other rights you may have under our terms.
        1. Additional rights to cancel. In some circumstances, we may agree to let you cancel your order outside of your legal rights, as a gesture of goodwill or in accordance with our Returns Policy. Any such additional rights to cancel will be as set out in our Returns Policy from time to time or as otherwise agreed with you in writing. These rights are in addition to, and do not affect, your statutory rights.

8. How to end the contract with us (including if you have changed your mind)

  1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
    1. Email. Email us at giftshop@sayfanks.com. Please provide your name, home address, details of the order (including order number) and, where available, your phone number and email address.
    2. Cancellation Form. Complete and return to us the cancellation form as set out at the end of these terms.
  2. Returning products after ending the contract. If you end the contract for any reason after physical products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at the address we confirm to you. 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.
  3. When we will pay the costs of return. We will pay the costs of return:
    1. if the products are defective or misdescribed; or
    2. if you are ending the contract because we have told you of some change we have had to make 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,

in all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

4.How we will refund you. We will refund you the price you paid for the products including delivery costs (where applicable), by the method you used for payment. However, we may make deductions from the price, as described below.

5.Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

      1. We may reduce your refund of the price (excluding delivery 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.
      2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

6. When your refund will be made. We will make any refunds due to you as soon as reasonably possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which:

        1. you cancelled the order, in the case of digital products; and
        2. we receive the product(s) back from you, in the case of physical products, or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.

9. Our rights to end the contract

    1. 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, within a reasonable time, allow us to deliver the products to you.
    2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 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.

10. If there is a problem with the product

    1. 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 giftshop@sayfanks.com and Fanks Ltd, Department 126, 19 Lever St, Manchester M1 1AN.
    2. Your statutory legal rights. Nothing in these terms will affect your statutory legal rights as a consumer.

11. Price and payment

    1. 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 11.3 for what happens if we discover an error in the price of the product you order.
    2. 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.
    3. 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. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of the products we have provided to you.
    4. When you must pay and how you must pay. We accept payment with [ Visa, Mastercard, American Express, Maestro, Discover, Diners Club, UnionPay debit cards, UnionPay credit cards, Apple Pay, Shop Pay,  and Google Pay]. You must pay for the products at the time you place your order.

12. Our responsibility for loss or damage suffered by you

    1. 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.
    2. 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 statutory legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987.
    3. 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.

13. How we may use your personal information

How we may use your personal information. We will only use your personal information as set out in our privacy policy here.

14. Other important terms

    1. Our rights in digital content. All digital art purchased by you remains the intellectual property of Fanks Ltd. By purchasing or downloading digital art, you acquire a personal, non-transferable licence to use the files for your own private, non-commercial use only. You may not reproduce, redistribute, resell, alter, or use the files for any commercial purpose. You do not own the intellectual property rights in the digital art.
    2. 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 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
    3. 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.
    4. 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. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
    5. 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.
    6. 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.
    7. 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. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

 

MODEL CANCELLATION FORM

(Complete and return this form only if you wish to withdraw from the contract. For quicker order cancellations and correspondence from us you can cancel your contract by emailing us at giftshop@sayfanks.com)

To Fanks Ltd, Department 126, 19 Lever St, Manchester M1 1AN:

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

© Crown copyright 2013.