Terms and Conditions
This part of our website (http://store.falkiners.com)
(the “Website”, the “Site”) sets out for you our Terms and Conditions for the
Site (“T&Cs”) and our Privacy Policy.
Shepherds Bookbinders Limited (“Shepherds Falkiners”,
“we”, “us” or “our”) provides the services available on the Website and applies
to sales made both on and off line.
All transactions with us and your use of this Website
are governed by the T&Cs and our Privacy Policy set out below and by any
other rules and T&Cs we post on our Website.
By using any part of this Website, and/or completing
your customer registration with us, and/or placing an order with us either on
or off line, you agree to be bound by these T&Cs and the Privacy Policy.
We may modify these T&Cs and/or the Privacy Policy
at anytime and your continued use of this Site and/ or the continued placing of
orders with us following a change signifies your agreement to be bound by the
modified T&Cs and/or Privacy Policy.
Please take time to read our T&Cs and our Privacy
Policy and please watch out for updates.
The Website
About Shepherds Falkiners
Shepherds Falkiners is the supplier of artist
materials & related goods chosen by you. We were formerly known as Falkiner
Fine Paper.
Our registered address is
Shepherds Bookbinders Ltd, 76 Rochester Row,
London, SW1P 1JU, UK.
Company Number – 2191108
VAT - GB468 6298 88
Eligibility
To be eligible to purchase goods on this Website, and
to lawfully enter into and form contracts on this Website under English law,
you must:
o Be
the holder of a valid debit or credit card or the registered user of the Paypal
account that you may use to make purchases through this Site.
o Warrant
that the personal information you provide is true, accurate, current, and
complete in all respects.
o Not
impersonate any other person or entity or use a false name or a name that you
are not authorised to use, or attempt to mislead in any way.
Use of the website
Privacy
Please review our Privacy Policy set out at the end of
these T&Cs, so that you may understand our privacy practices. It explains
the uses we will make of any information you provide via the Website or
otherwise.
Language
This contract shall be concluded in English.
Placing an order and order acceptance
You place your order request for specified item/s on
the Website when you click on the CHECKOUT button at the end of the on-line
order process. You will be guided through the process of placing an order by a
series of simple instructions on the Website.
Any subsequent order placed by you and accepted by us
by email, telephone or any other electronic means will be subject to these
T&Cs mutatis mutandis.
Once you have placed your order, you will be sent an
email acknowledgement providing you with a payment reference and summary of
your order showing the amount, which has been debited to your credit/debit card
or Paypal account.
Unless we notify you that we do not accept your order,
our acceptance of your order will constitute the contract between you and us.
Orders placed off line will be subject to completion
of an order form to be accepted in accordance with the provisions of these
T&Cs mutatis mutandis.
If you require a VAT invoice and/or you require any
information regarding your order(s) please contact us by email at shop@falkiners.com.
If we are unable to fulfill your order or part of the
order following the issue of our order acknowledgment, we will contact you by
email or telephone as soon as possible advising you of this. We will offer a
suitable replacement, place your product on back order (sent at our expense) or
refund the due amount paid by you using the same method of payment used by you
for the order.
We may not accept your order if a particular item is
not obtainable, if we are unable to obtain authorisation for your payment or if
we identify a product or pricing error. In addition we reserve the right in our
absolute discretion to reject any offer to purchase by you at any time without
having to provide an explanation.
Product details
We take all reasonable care to ensure all details,
descriptions and prices of products and services shown on the Website are
correct at the time the relevant information is entered onto our system.
Although we aim to keep the Website as up to date as
possible, the information appearing on this Website at a particular time,
including product descriptions and stock levels and foreign currency rates may
not always reflect the position exactly at the moment you place an order. We cannot
therefore confirm the price of a product until your order is accepted in
accordance with our order acceptance policy. (See above)
Payments
Unless in respect of any particular product or
products prices are stated to be exclusive of VAT, all prices shown for
products made available via the Website are inclusive of VAT (where applicable)
at the current rates and are exclusive of postage, packing and delivery
charges.
The total cost of your order is the price of the
products ordered plus VAT (where applicable) and postage, packing and delivery
charges (as set out in the Website). Payment can be made by any of the methods
specified in the Payment section of this Website and payment will be debited
and cleared from your account as set out in the Website.
Deliveries of products to countries outside of the UK
& EU may be liable to local taxes, import & handling charges. You are
liable to meet these costs where appropriate. Shepherds accept no responsibility for these payments being
made.
You confirm that the credit card, debit card or Paypal
account you use for any transaction with us is yours. All credit and debit
cardholders are subject to validation checks and authorisation by their card
issuer. If the issuer of your payment card refuses to, or subsequently refuses
to, or does not, for any reason, authorise payment to us, we will not be liable
for any delay or non-delivery of any items you have ordered.
Ownership
We will retain the legal ownership of the goods until
you have made full payment and such payment has been received by us. Legal
ownership of the goods will immediately revert to us if we refund any such
payment to you or if any card provider charges back the amount previously
credited to us. In the event of a charge back you will be liable to us for
payment for the products sold to you and this sum shall thereupon become
immediately due and payable to us.
Risks
Risk in the goods will pass to you on delivery to you.
Delivery
We will deliver the goods in accordance with the
delivery option selected by you during the order process. Deliveries via FedEx are sent on a next buisness day service and full tracking details are available if required. Parcels sent via Royal Mail containing goods under the value of £5 will be sent as normal post, parcels containing goods over the value of £5 will require a signature on delivery. If this service is not required, please specify in the Comments box on checkout.
Any delivery timescales quoted to you are indicative
only. Orders may be delivered in one or more deliveries.
Shepherds Falkiners does not accept any liability
whatsoever for delayed delivery caused by any third party. As soon as you have
received the goods, you will assume all risk in the goods. If goods are returned to us due to non-delivery and the parcel needs to be resent, you are liable for the cost of redelivery.
We aim to process all orders within 2 days of payment
clearing. You will usually receive an email notification that the process is
underway.
Delivery charges are calculated by volumetric weight
and according to the destination of the parcel. Royal Mail parcels are subject
to a maximum weight of 2kg and/or 90cm in length. Parcels exceeding these
dimensions are sent by FedEx.
Deliveries to certain countries in the Middle East
require a Certificate of Origin administered through the British Chambers of
Commerce. There is an administration charge of £30 and you are liable to meet
the cost prior to your parcel/s being dispatched.
Acceptance and Returns
You must inspect the goods we send you immediately
upon receipt and you will be deemed to have accepted the goods unless you
notify us that you want to return the goods in the circumstances provided for
and in accordance with the procedure set out in this section. If no such action
is taken, we shall not be obliged to accept any rejection of the goods at a
later date. Your statutory rights are not affected.
If you do not receive the entire order as set out in
the order confirmation email sent to you when that order is received (and in
this regard please note that the order may be despatched in one or more parcels
which may not all be delivered at the same time) please contact us by e-mail or
telephone.
Whilst every effort will be made to supply your goods
in accordance with your order if for any reason the goods are not in accordance
with that order or is defective in any way please notify us immediately but in
any event within 7 days of receipt by contacting us by e-mail or telephone.
Please note that exceptions to this policy include orders made to your
specification or goods that cannot by their nature be returned. You will then
be asked to return the goods to us at your expense and if we agree with your
complaint we will either replace the goods or refund you the amount paid by you
for the product/s onto the card or Paypal account used for the original order.
We shall not be obliged to replace or refund an order unless you notify us and
return the goods strictly in accordance with this section.
In store Returns Policy
We do not offer refunds on purchases made in store
unless the goods are faulty. Exchanges can sometimes be made but under no
circumstances do we exchange sheets of paper. Your statutory rights are not
affected.
Accuracy
We attempt to be as accurate as possible when
describing products and services on the Website; however, to the extent
permitted by applicable law, we do not warrant that product descriptions, colours
or other content available on the Website are accurate, complete, reliable,
current, or error-free.
Intellectual Property
All content available on the Website, including, but
not limited to, text, graphics, logos, button icons, images, photographs,
sounds, music, audio clips, video, data compilations, software, HTML and all
other code and the compilation thereof (the “Content”) is at all times the
property of, or vested in, Shepherds Bookbinders, our affiliates, our partners
or our licensors, and is protected by UK and international copyright laws. The
trade marks, logos, and service marks displayed on the Website (collectively,
the “Trade Marks”) are the registered and unregistered marks of Shepherds
Bookbinders, our affiliates, our licensors or our partners in the UK and other
countries and are protected by UK and international trade mark laws.
Third party links
We are not responsible for the content of any
off-Website pages or any other websites linked to or from the Website. Links
appearing on the Website are for convenience only and are not an endorsement by
us, our affiliates, or our partners of the referenced content, product,
service, or supplier.
Linking by you to or from any off-Website pages or
other websites is at your own risk. We are in no way responsible for examining
or evaluating, and we do not warrant the offerings of, off-Website pages or any
other websites linked to or from the Website, nor do we assume any
responsibility or liability for the actions, content, products, or services of
such pages and websites, including, without limitation, their privacy
statements and terms and conditions. You should carefully review the terms and
conditions and privacy policies of all off-Website pages and other websites
that you visit.
Limitations of our Liability
The Website is presented “as is” and “as available”.
We make no representations or warranties of any kind whatsoever, express or
implied, in connection with these terms or the Website, including, but not
limited to, warranties of satisfactory quality, merchantability,
non-infringement, fitness for a particular purpose, reasonable care or skill,
or duty of care, except to the extent such representations and warranties are
not legally excludable.
Other Considerations
You acknowledge and agree that these T&Cs,
together with our Privacy Policy, constitute the complete and exclusive
agreement between us concerning your use of the Website and any purchase by you
of any goods and services from Shepherds Falkiners, and
supersede and govern all prior proposals, agreements, or other communications.
If any provision of these T&Cs is held to be
illegal, invalid or unenforceable in whole or in part, then these T&Cs
shall continue to be valid as to the other provisions not so affected. Any
waiver of any of the provisions of these T&Cs by Shepherds Falkiners shall
not be deemed a waiver of any subsequent breach or default and shall in no way
affect the other provisions of these T&Cs.
No failure to exercise and no delay on the part of
either party in exercising any right, remedy, power or privilege of that party
under these T&Cs and no course of dealing between the parties shall be
construed or operate as a waiver thereof, nor shall any single or partial
exercise of any right, remedy, power or privilege preclude any other or further
exercise thereof or the exercise of any other right, remedy, power or
privilege.
The rights and remedies provided by these T&Cs are
cumulative and are not exclusive of any rights or remedies provided by law.
Time shall not be of the essence of these T&Cs as regards any of the times,
dates and/or periods mentioned herein.
Nothing contained in these T&Cs or created by your
use of the Site or other transactions between you and us shall be construed as
creating any agency, partnership, employment relationship, or other form of
joint enterprise between us. You acknowledge and agree that no such agency,
partnership, employment relationship, or other form of joint enterprise exists
between you and Shepherds Falkiners or between you and any of Shepherds
Falkiners officers, Directors, agents, affiliates, licensors, and suppliers.
You agree you will not hold yourself out as a representative, agent, or
employee of Shepherds Falkiners, and that we shall not be liable for any
representation, act, or omission on your part.
We reserve the right to change these T&Cs at any
time and we encourage you to revisit these T&Cs regularly to ensure that
you are at all times fully aware of our T&Cs. Any changes are effective
immediately upon posting to the Website. Your continued placing of orders with
us and/or use of the Website constitutes your agreement to all such T&Cs.
We may, with or without prior notice, terminate any of
the rights granted by these T&Cs. You shall comply immediately with any
termination or other notice, including, as applicable, by ceasing all use of
the Website.
We reserve the right to refuse to supply goods to any
person for any reason whatsoever, to withdraw any goods from the Website at any
time and/or remove or edit any materials or content on the Website.
We will not be liable to you or any third party by
reason of our withdrawing of any goods from this Website whether or not such
goods have been sold; removing or editing content on the Website; refusing to
process a transaction or unwinding or suspending any transaction after
processing has begun.
Privacy Policy
Respect for your privacy, and the security of the
personal information you give us when you visit our website, is fundamental to
your willingness to use our services and to the success of our business.
This
Privacy Policy sets out how we respect your privacy and how we handle the
non-financial information you give us through this website that identifies you
personally (“Personal Information”). Financial Information about you is not
provided to us but to our independent payment partner, Paypal.
This policy tells you more about what Personal
Information we collect about you during your visits to this Website and what we
do with that information.
If you are under 18 years of age you must inform a
parent or your guardian about our Privacy Policy and our Terms and Conditions
before you use our website and you must obtain their consent to that Privacy
Policy and those Terms and Conditions before placing an order with us.
Collection of information and its use
We do not collect any Personal Information about you,
except when you provide it to us.
When you submit your Personal Information on this
Website, you will be asked to consent to the processing and transfers of your
Personal Information as set out in this Privacy Policy. If you do not want us
to collect any Personal Information from you, please do not provide us with
that information.
The Personal Information you provide us through this
Website will be used by us only for the purposes of processing your orders,
responding to any comments or questions you have, fulfilling and delivering
your orders and administering your account. The very few exceptions to this
rule we are required to make by law or otherwise are set out in this Privacy
Policy.
We seek appropriate levels of protection from third
party business parties with whom we exchange any data that could identify you
personally.
When you place an order with us we need to hold your
Personal Information, including your name, e-mail address, phone number(s),
home address and shipping address(es) so that we can process and deliver your
order.
We use encryption that protects your Personal
Information from unauthorised access by encrypting it before it is sent to us.
Credit card details are entered directly into our payment partner’s system. We
may sometimes ask for additional telephone numbers that we may need to give to
our couriers for delivery purposes. We only collect this information in order
to be able to process and deliver your order and to verify the status of your
orders.
We may use the information you provide in aggregate
(non-personally identifiable) form for internal business purposes, such as
generating statistics and developing and executing marketing plans.
We may collect, store or accumulate certain
non-personally identifiable information concerning your use of this Website,
such as information regarding which of our pages are most popular and general
website administration.
We may share or transfer non-personally identifiable
information with or to our affiliates, licensees and partners to:
a. enhance
this Website;
b. assist in the development and design of similar sites run by
our affiliates, licensees and partners; and
c. enable them to undertake
marketing activities on our behalf.
Such affiliates, licensees and partners may be located
in countries both inside and outside the European Economic Area (“EEA”).
Although countries outside the EEA may not require the same level of protection
of Personal Information as countries within the EEA, we always demand that our
affiliates, licensees and partners adhere to the same procedures that we follow
ourselves with respect to your Personal Information, including this Privacy
Policy; otherwise we will not share that information with them.
We will not sell or rent your Personal Information to
third parties.
From time to time we may employ third party business
partners to collect Personal Information on our behalf. In such cases, these
third parties will be subject to confidentiality agreements and will be
instructed by us to comply fully with the Privacy Policy we have at the time.
We do not pass to these third parties any information that can identify you
personally, or anyone registered on our website, or any of our customers.
We may also use your information to tell you, by
email, surface mail or by telephone, about our products, promotions and special
offers that may be of interest to you. In particular, we may look at what you have
previously ordered in an attempt to be able to tell you about promotions that
will be of particular interest to you. Our aim is to help you find the products
and services you want. We always attempt to limit our use of your information
in these circumstances to offers we think you will welcome. All customers are
given the opportunity of opting in to receive such information at the time they
give us their Personal Information. If you decide at anytime you no longer want
to receive such information from us you can tell us emailing us at shop@falkiners.com.
We may disclose any information, including Personal
Information, at our sole discretion, as we deem necessary in order to comply
with any applicable law, regulation, legal process or governmental request.
We do not seek any sensitive information through this
Website. Sensitive information includes data concerning race or ethnic origin,
political opinions, religious or other similar beliefs, physical or mental health.
If you provide us with sensitive information voluntarily, then by providing
that information you explicitly consent to us using it for the purposes for
which it has been provided.
Accuracy of Personal Information you send
us
We take great care to create an accurate record of
your Personal Information based on any Personal Information you send us through
the Website. However, we do not assume responsibility for confirming the
continuing accuracy of your Personal Information.
Cookies
We use cookies to administer our Website. We will not
use cookies in combination with your Personal Information without your prior
consent.
A cookie is a string of information made up
of text only that a website transfers to the cookie file of the browser on your
computers hard disk so that the website can remember who you are. A cookie will
typically contain the name of the domain from which the cookie has come, the
“lifetime” of the cookie, and a value.
Cookies help us to serve you better because they help
the website to arrange content to match your preferred interests more quickly.
They are used by most major websites.
Use of information by third parties
We may retain other companies and individuals to
perform functions on our behalf in relation to the purposes set forth in this
Privacy Policy. Examples include data analysis firms, customer support
specialists, web-hosting companies, and fulfilment companies (e.g., companies
that coordinate mailings). Such third parties may be provided with access to
your Personal Information if needed to perform their functions, but may not use
such information for any other purpose. Such third parties may be located in
countries both inside and outside the European Economic Area (“EEA”). Although
countries outside the EEA may not require the same level of protection of
Personal Information as countries within the EEA, we always demand that third
parties adhere to the same procedures that we follow ourselves with respect to
your Personal Information, including this Privacy Policy.
Links to other websites
This Website may contain links to or from other
websites. Please be aware that we are not responsible for the privacy practices
of other websites. This Privacy Policy applies only to the information we
collect on this Website. We encourage you to read the privacy policies of other
websites you link to or from our Website or otherwise visit.
Security of your Personal Information
We implement various security measures to protect the
security of your Personal Information, both on-line and off-line. Your Personal
Information could at sometimes be stored at facilities sited anywhere in the
world, not necessarily within the EEA. If you have any questions about security
at our Website, you can send an email to us.
Governing law
Your use of this Website and any purchase by you of
any goods or services from Shepherds Falkiners and our Privacy Policy shall be
governed by English law and the parties hereto submit to the exclusive
jurisdiction of the English courts.