STANDARD TERMS & CONDITIONS FOR THE SALE OF GOODS
General
In these conditions references to "the Company" are to FRONT UP and references to "the Purchaser" are to any person, firm or company with whom the Company enters into any contract whether directly or indirectly. All orders received and accepted are executed on the basis that the Purchaser is bound by these conditions of sale. Where there is any inconsistency between these conditions of sale and any conditions or other terms which the Purchaser seeks to impose these conditions of sale shall prevail. These conditions supersede any other terms appearing elsewhere and exclude and override any other terms or representations stipulated or incorporated or referred to by the Company whether in the order or in any negotiations or course of dealings established between the Company and the Purchaser. No amendment or variation of these conditions will apply unless confirmed in writing by a director of the Company.
Prices
The Company reserves the right to alter prices.
Warranty and exclusion
The Company will use its reasonable endeavours to assign the benefit of any warranty it receives from its supplier to the Purchaser but shall not be liable for any claim or claims for any damages whether direct, indirect special or consequential or economic damage of loss (including loss of profit or goodwill) arising from any breach by its contract or any defect in the goods. Nothing in these conditions shall exclude liability of the Company for death or personal injury resulting from its negligence insofar as the same prohibited by United Kingdom statute.
Quality
The Company warrants that (subject to the other provisions of these conditions) upon delivery the Goods shall: (a) be of satisfactory quality within the meaning of the Sale of Goods Act 1979; (b) be reasonably fit for purpose. The Company shall not be liable for a breach of any of the warranties above unless the Purchaser gives notice [via email / telephone / in writing] of the defect to the Company, within seven days of the time when the Purchaser discovers or ought to have discovered the defect. The Company shall not be liable for a breach of the warranties above if: (a) the Purchaser makes any further use of such Goods after giving such notice; or (b) the defect arises because the Purchaser failed to follow the Company’s oral or written instructions as to the washing instructions; or (c) the Purchaser alters or repairs such Goods without the written consent of the Company.
If any of the Goods do not conform with any of the warranties above the Purchaser shall at its option ask the Company to replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if the Company so requests, the Purchaser shall, at the Company's expense, return the Goods or the part of such Goods which is defective to the Company, but the company shall have no further liability to the buyer.
Specification
Sizes, measurements and descriptions of goods are for guidance only and the company cannot guarantee absolute consistency of size, material, proportion, colour or shade. All products supplied should be washed or cleaned strictly in accordance with the washing instructions provided on the garment label. The Company will accept no responsibility if instructions are not followed precisely. The Company will make every effort to avoid variation in colours, sizes or shades but can accept no responsibility should such variation occur. Worn or processed goods cannot be returned
Descriptive matter
All descriptive and forwarding specifications, drawings and particulars of colours and sizes issued by the Company are approximate only and are intended only to present a general idea of the goods to which they refer and shall not form part of the contract.
Force majeure
The performance of all contracts is subject to variation or cancellation owing to Act of God, war, strike, fire, riot, civil commotion, restriction by the Government or other competent Authority or any other cause beyond the Company's control or owing to the Company's liability to procure materials or articles except at enhanced prices due to any of the foregoing clauses.
Legal constructions
These conditions and any contract following thereon shall be governed by and construed in accordance with English Law and the Purchaser submits to the jurisdiction of the High Court of England but the Company may enforce the contract in any court of competent jurisdiction
Limiting Liability of Use of Website
To the fullest extent permitted by applicable laws, the Company nor any of its respective directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with the use of, or inability to use, the materials in and/or facilities or services offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if the Company have been advised of the possibility of such loss or damages or such loss or damages were reasonably foreseeable. If this clause is unenforceable in whole or in part in any jurisdiction due to relevant laws, then in no event shall the Company's total liability to you for all damages, losses, and claims (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this website.”
Disclaimer
While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material.
The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.”
Amending the Terms & Conditions of Use
The Company may add to, change or remove any part of these Terms and Conditions at any time, without notice. Any changes to these Terms and Conditions or any terms shown on this website or any sub site hereof, apply as soon as they are shown. By continuing to use this website after any changes are posted, you are indicating your acceptance of those changes. The Company may add, change, discontinue, remove or suspend any other content displayed on this website, including features and specifications of products and services described or depicted on the website, temporarily or permanently, at any time, without notice and without liability.”
Use of Site
You agree that you will only use our web site in a way which is consistent with our terms and conditions and which complies with applicable laws and regulations. In particular you agree that you will not use our web site to upload or send any material which contains software viruses or other codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt our web site. You acknowledge that our web site and any goods that you obtain from our web site are provided for your personal use only and may not be used for any commercial purposes or distributed commercially without our permission.”
Copyright
All content included on this site including but not limited to website design, text, graphics, audio clips, visual clips, logos, button icons and the selection and arrangement thereof are either the property of the Company or its contents suppliers and are protected by UK and international copyright laws. All software used on this site is the property of the Company and is protected by UK and international copyright laws ALL RIGHTS ARE RESERVED. Permission is granted to electronically copy and to print in hard copy portions of this Web site for the purposes of placing an order with the Company and using this website as a shopping resource only. Any other use of materials on this Website including reproduction for purposes other than those noted above, modification, distribution, transmission, broadcasting republication, downloading or uploading without the prior written permission of the Company is strictly prohibited
Links
The Company may choose to provide links to sites owned by the Company and associated companies from time to time and may also choose to provide links to sites that are owned by third parties that are not connected with the Company. All links are provided for your convenience only. Access to sites that are owned by third parties is at your own risk and the Company has no responsibility or liability for these third-party sites.”
Terms of Payment
Where the Buyer has ordered the goods directly via the Sellers web-site, payment shall be due in full (by credit or charge card), at the time of ordering, and the Seller reserves the right not to dispatch the goods until such time as the validity of such credit/charge card transaction has been confirmed by the appropriate credit card service provider.
Privacy Statement
FRONT UP takes the privacy of its users seriously. We are committed to safeguarding the privacy of our users and clients in accordance with worldwide practices for customer privacy and data protection. FRONT UP will not release your personal data to any third parties without your consent or as required by law, operating under UK legislation.
Information Collected
We collect personal information from you through the use of enquiry and registration forms and every time you e-mail us your details. We also collect information automatically about your visit to our site. The information obtained in this way, which includes demographic data and browsing patterns, is only used in aggregate form. We use your IP address to help diagnose problems with our server, and to administer our web site. We use the contact information from the registration form you submit to contact you when necessary and to provide regular information on FRONT UP. Users may opt-out of receiving mailings.
Use of Personal Information
We may process personal information collected via the FRONT UP site for the purposes of: • providing a personalised service • conducting market research surveys
We also use information in aggregate form (so that no individual user is identified): • to build up marketing profiles • to aid strategic development • to audit usage of the site
Internet-based Transfers
Given that the Internet is a global environment, using the Internet to collect and process personal data necessarily involves the transmission of data on an international basis. Therefore, by browsing the frontup.co.uk site and communicating electronically with us you acknowledge and agree to our processing of personal data in this way. The Privacy Statement does not apply to Third Party sites.
Changes to These Terms
FRONT UP reserves the right, at its discretion, to make changes to any part of the site. Due to our policy of updating and improving the site, we may wish to change these Terms (including those relating to your use of the Content). When terms are changed, we will notify you by e-mail or by publishing details of those changes by including them at the end of these Terms (see "Changes to these Terms"). If you use the site after we have published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the site any further after they are published at the end of these Terms or after you receive notice of them.
General
You may not assign, sub-license or otherwise transfer any of your rights under these terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. Headings in these Terms are for convenience only and will have no legal meaning or effect.
Contacting FRONT UP
If you have any questions about any of our T&C’s, privacy policies or practices of the site or company please contact us directly – details can be found on the Contact Us page.
