Frank and Faith Terms of Use and Privacy Policy
Introduction
These terms and conditions relate to the Frank and Faith Online Retail Shop.
Terms and conditions
This site is run and operated by Spark Etail Ltd, who provide products and fulfillment for and on behalf of Frank and Faith. These terms and conditions govern the relationship between Spark Etail Ltd and yourself.
Spark Etail Terms of Use and Privacy Policy
Updated 11th January, 2012
Welcome to Frank and Faith’s Online Shop at www.frankandfaith.com (the 'Site'). This Site and its supporting operation is managed by Spark Etail Ltd (registered U.K. number 7551349). Please read the following policies carefully before using the Site. By using the Site, you signify your agreement to be bound by these conditions.
In these policies, the following definitions apply:
"Spark Etail" (also referred to as ‘we' and ‘us') means Spark Etail Ltd, whose registered office is at Unit 1, Follingsby Business Park, Follingsby Avenue, Gateshead, Tyne & Wear, NE10 8HQ, United Kingdom.
“Site” means Frank and Faith's online shopping website at www.frankandfaith.com."Shop" means Frank and Faith's Online Shop for online ordering of merchandise located at www.frankandfaith.com.
I. Terms of Use Top Λ
These are the general terms and conditions of Spark Etail governing your use of the Site.
1. What you are allowed to do
1.1 purchase goods from the Shop, provided you accept the Terms of Sale, which will apply to any contract made between you and Spark Etail for the purchase and sale of goods from the Shop. These terms are outlined in Section 2 below;
1.2 browse the Shop using a compatible web browser. Permission to browse the Shop includes permission to make transient or cached copies of parts of the Shop to the extent that this occurs in the normal course of using your browser and that these copies are used only to facilitate current or subsequent access to the Shop by you;
1.3 print a copy of any page of the Shop; for your own personal purposes, provided you do not do any of the things set out under "What you are not allowed to do".
2. What you are not allowed to do
2.1 you may not remove or change anything on the Shop;
2.2 you are not allowed to copy any material from the Site for any commercial purpose or use features of the site for commercial purposes.
2.3 you are not allowed to remove or change any copyright, trade mark or other intellectual property rights notices contained in the original material or from any material copied or printed off from the Shop.
3. Your personal information
3.1 Usage of your personal information is governed by Spark Etail's Privacy Policy, which forms part of these General Terms of Use.
4. Usernames and Passwords
4.1 If you want to purchase something from the Shop, we will ask you to register an account with us. During registration, you will be asked to provide your email address and password, which you can use to make a purchase;
4.2 You must keep your password(s) confidential at all times, and must not disclose the password(s) or permit anyone else to use your password(s). Any breach of any of these terms by anyone to whom you disclose the password(s) will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms of use;
4.3 In the event of any failure or error in the operation of a password(s), you shall cease using the password(s) and exit the Shop immediately, and notify Spark Etail of such failure or error.
5. Rights
5.1 All intellectual property rights in any material (including text, photographs and other images and sound, downloads, software, trade marks and logos) contained in these Site is either owned by Spark Etail or has been licensed to Spark Etail by the rights owner(s) so that Spark Etail can use this material as part of the Shop. These rights are protected by United Kingdom and international copyright and database right laws. You are only allowed to use this Shop and the material they contain as set out in these terms.
6. Third party web sites
6.1 Parties other than Spark Etail and its subsidiaries sell product lines on this website. In addition, we provide links to the websites of affiliated companies and certain other businesses which are not under the control of and are not maintained by Spark Etail. Any such third party sales and links do not constitute an endorsement by Spark Etail of any products or services. We accept no responsibility for the quality of third party products or content on external sites.
7. Suspension and termination of accounts
7.1 Spark Etail may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Shop from time to time. Access to or use of the Shop or pages linked to it will be not necessarily be uninterrupted or error free;
7.2 Spark Etail may terminate your account(s) immediately in the event you breach any of these terms of use or if you are late or do not pay any sums due to Spark Etail.
8. Enquiries or complaints 8.1 If you have any enquiries or complaints about the Site then please address them to:
Customer Services
Frank and Faith
c/o Spark Etail Ltd
Unit 1 Follingsby Business Park
Gateshead
Tyne & Wear
NE10 8HQ
United Kingdom
Email: enquiries@frankandfaith.com.
9. Electronic communications
When you visit the Site or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
10. General and governing law
10.1 Spark Etail may change these terms of use from time to time and will endeavour to notify you of any major changes by posting a message on the Site. By browsing the Site you are accepting that you are bound by the current terms of use. Please review this policy each time you use the Site as it is subject to change at any time by Spark Etail without notice to you;
10.2 This Agreement constitutes the entire agreement between Spark Etail and you and supersedes all prior agreements, representations, statements and understandings between Spark Etail and you regarding the use of the Site. You agree that you have not relied upon any representation or statement not recorded in these Conditions in entering into this Agreement.
10.3 The failure of Spark Etail to exercise or enforce any right or provision of this Agreement or the delay by Spark Etail in so doing shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
10.4 These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts in respect of any dispute arising therefrom.
II. Terms of Sale: Shop Top Λ
This Terms Of Sale Policy forms part of the General Terms of Use, which governs your use of the Site, and encompasses purchasing activities on the Shop.
1. The Sales Terms
Should you purchase any goods from the Shop, you will be contracting with Spark Etail on the terms outlined below. Please read these terms and conditions carefully.
1.1 These Terms of Sale ("Sales Terms") govern the supply of any goods you order via this Shop. Please read through the Sales Terms carefully. If you do not agree with the Sales Terms, do not order any goods from this Shop. If Spark Etail accepts any order for goods from you, then its agreement with you will be made on these Sales Terms.
1.2 Please note that Spark Etail reserves the right to amend the Sales Terms from time to time. Spark Etail will publish the amended Sales Terms on the Shop and any new versions of the Sales Terms will come into effect as soon as Spark Etail publish them on the Shop (with the exception that any orders that Spark Etail have already accepted from you prior to any such change will be subject to the Sales Terms in force at that point). If you use the Shop after Spark Etail has published the new Terms, your continued use of the Shop indicates that you agree to be bound by the new Sales Terms.
2. Availability of the goods supplied by the Shop
2.1 Spark Etail may terminate or suspend the supply of any goods displayed on the Shop in the event of out of stocks, for support or maintenance work, in order to update content or for any other reason. Spark Etail may do this at any time and without notice. Products on the Shop are normally available for despatch within 24 hours and for products with slower availability, an estimated shipment preparation time is provided in the associated product listings on the Shop.
3. Buying goods from this Shop
3.1 Pricing policy - Spark Etail may change the prices of the goods displayed on the Shop at any time. The prices for all the goods available on the Shop are clearly marked in their description and all items are subject to VAT at the prevailing rate (which at the time that these terms and conditions are written is 20%). The VAT inclusive is included in the total price published on the site. We reserve the right to raise our prices in line with any increase in the prevailing rate of VAT. This will be shown clearly on your order. All applicable delivery charges are also displayed on the Shop. All prices are in Pounds Sterling. Spark Etail may make available offers and discounts using promotion codes. Only one promotion code is valid per order.
3.2 Conclusion of Contract of Sale -The information relating to Spark Etail's goods and relevant prices are displayed on the Shop for your information and to enable you decide whether you would like to make us an offer to purchase any such goods. When you place an order to purchase a product from www.frankandfaith.com, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we've dispatched that product to you. That acceptance will be complete at the time we send the dispatch confirmation e-mail to you. Any products on the same order which we have not confirmed in a dispatch confirmation e-mail to have been dispatched do not form part of that contract.
3.3 Method of payment - For orders placed via the Shop, Spark Etail accepts Visa, Mastercard and bank Maestro cards. Spark Etail does not accept Visa Electron, American Express, Diner's Club, Solo. When making your payment, it is imperative that you provide the information that Spark Etail specify is required, for example, cardholder's name as it is shown on the card and address exactly as it appears on the card statement. Your card will be debited when Spark Etail confirms that it has accepted your order. Ownership or title to the product shall not pass to you, the buyer, until Spark Etail has received payment in full.
3.4 Delivery - Standard service delivery is charged at £3.95 to any UK mainland address (excluding highlands, islands, Northern Ireland and offshore territories). Orders over £40 to mainland UK addresses are currently delivered for free. Express delivery to UK addresses costs £5.95. These charges cover packing, handling and delivery. Orders are usually responded to within 24 hours, and are normally delivered within 5 working days. Please allow up to 14 days for delivery. If you have not received your goods within the above timeframe, please contact our customer services department by email at enquiries@frankandfaith.com. We can ship most items worldwide. Additional charges will apply for all international shipping. Gift wrapping is charged at the rate of £3.95 per item. For more information on our delivery services click here.
3.5 Out of stocks - If any item you have chosen is unavailable, Spark Etail will contact you via phone or your email address and set out the options that are available to you.
3.6 Return of goods policy - We want you to be completely satisfied with your purchases. Please let us know if you are not entirely satisfied with our products or our service, so that we can rectify the situation. We try to ensure that the products are the same as our original samples, although sometimes differences do occur. Items are described and photographed as accurately as possible, but please note that sizes, colours and designs may vary. If you are not completely satisfied with any item you ordered, just return it, if possible in the original packaging (with your customer advice note) within 14 days of the date of receipt and we will refund your money or send you a replacement - no questions asked. Items returned under Spark Etail's 14 days returns policy must be unopened with any seals and shrink-wrap intact (e.g., for CDs and DVDs, electronics, food). Please note: we can only accept the return of opened items if they are faulty. We are only able to replace identical products (requests for different sizes acceptable), so if you wish to order additional items it will be treated as a new order. The Spark Etail guarantee is in addition to your statutory rights.
When you send your item back to us, we'll process the returned item then notify you via e-mail of your refund. You can expect a refund in the same form of payment originally used for purchase within three weeks of our receiving your return. Please note that the costs for returning the item to us are unrefundable.
If you are returning an item because of an error on our part or because it is damaged or defective, we will be happy to refund the delivery charges incurred in sending the item to you and we'll reimburse your costs in returning it to us.
Underwear returns - please note that returns on such products are excluded from our general returns policy for obvious hygiene reasons. Please ensure that underwear is tried on over your own underwear. We reserve the right to refuse returns of underwear items where it is apparent that this has not been the case.
If the product is damaged in any way or has become broken in transit, please contact customer services by email at enquiries@frankandfaith.com.
3.7 Cancellation Policy - Please note that you have a legal right to cancel your order within 7 days of the date of receipt of the goods (provided the goods are returned to us new and in an unused condition in the original packaging together with a copy of the receipt. By returning, packing securely and enclosing the advice note and sending it back to Frank and Faith c/o Spark Etail Ltd, Unit 1, Follingsby Business Park, Follingsby Avenue, Gateshead, Tyne & Wear, NE10 8HQ, United Kingdom, a refund will be provided within 30 days of the date of cancellation.
3.8 Legal age - Spark Etail does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use Spark Etail only with the involvement of a parent or guardian.
In accordance with UK law when you place an order for alcoholic beverages with Spark Etail from the Shop you warrant that you are at least 18 years of age and that you are legally capable of entering into binding contracts.
3.9 Vouchers - From time to time, vouchers may be issued for free delivery or for discounts on orders or products. You may only use one voucher per order. Some vouchers may only be used once per customer. Please contact enquiries@frankandfaith.com if you have any questions about redeeming a voucher code.
3.10 Free gifts -From time to time, free products may be offered with a product or order. These free products are included as part of your order and if any part of the order is returned for a refund we reserve the right to deduct the value of the free gift from your refund if they are not returned too.
III. Privacy Policy Top Λ
Spark Etail is committed to protecting your privacy. This Privacy Policy forms part of the General Terms of Use, which governs your use of the Site. This means that you agree to our use of any personal information that we may collect from you on the terms set out in this Privacy Policy.
From time to time, we may add or change functions, features or products to the Site. This, and our commitment to protecting the privacy of your personal information, may result in periodic changes to this Privacy Policy. As a result, please remember to refer back to this Privacy Policy regularly to review any amendments.
Please contact Spark Etail with questions regarding this Privacy Policy.
1. Collection of Information
In order to buy products from the Shop, you must provide certain personal details in order to complete your transaction. During registration you are required to give information including your e-mail address. We may also receive information about you from other sources and add it to our account information to help us in personalising our service to you.
Based on what you tell us about yourself and where we think it is relevant, we may contact you to provide information about Frank and Faith and our products, but you may tell us at any time not to do this by following the unsubscribe instructions in any email we send you. Where you request information from us, Spark Etail or one of our approved partners will contact you to provide you with the requested information.
2. Children's Information
To purchase products other than alcoholic beverages from the Shop, you must be 18 or over or if you are younger, you must have parental consent. Please note that all minors are encouraged to discuss this Privacy Policy and the Terms of Use Agreement with their parents or legal guardians before they attempt to register. In accordance with UK law when you place an order for alcoholic beverages with Spark Etail from the Shop you warrant that you are at least 18 years of age and that you are legally capable of entering into binding contracts.3. How We Use The Information That We Gather
Spark Etail use information obtained from Site users as stated in this Policy and to enhance users' experiences on the Site. Spark Etail and the subsidiaries it controls do not rent, sell, or share personal information about you with other people or non-affiliated companies except to provide products or services you have requested, when we have your permission, or under the following circumstances:
- We will share information necessary to fulfill 3rd party orders supplied by affiliated businesses we do not control. This normally includes your delivery information and excludes payment information.
- We will share select information to assist 3rd party service providers to perform their functions, including fulfilling orders, delivering packages, sending email, removing duplicate information from customer lists, analyzing data, providing marketing assistance, providing search results and links, processing credit card payments and providing customer service. Access to personal information is provided consistent with the requirements to deliver a specific service.
- We will share information if you have entered a contest or competition sponsored by a 3rd party.
- We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
- We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Spark Etail's General Terms of Use for the Site, or as otherwise required by law.
4. Links
The Site may contain links to other websites. Please be aware that Spark Etail is not responsible for the privacy practices of other web sites. We encourage our Shop Customers and Site Visitors to be aware when they leave our Site and to read the privacy statements of each and every web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by Spark Etail through your use of the Site.
5.Cookies
In our effort to provide you with services customised to your interests, we use "cookies" to assist in the collection of information. A cookie is a small data file containing information that is sent to your browser from a web server and stored on your computer's hard drive.Tracking information such as cookies is also used to create aggregate reports on user demographics and traffic patterns on the Site, and may be provided to our partners, advertisers and other third parties for any business purpose. We also collect IP (Internet Protocol) addresses to analyse trends, administer the Site, track a user's movement, and gather broad demographic information for aggregate use.
As part of Spark Etail's efforts to streamline your experience on the Site, we use cookies, IP address and browser data to: access your account information (stored on our computers) in order to deliver better and more personalised services; identify which areas of the Site you have visited; and control the display of ads.
If you don’t want cookies, you change your settings to disable cookies on most Web browsers. However, if you set your browser to refuse cookies, you will not be able to complete your transaction in our Shop. If you leave cookies turned on, please ensure you sign off when you finish using a shared computer.
6. Security
For orders through the Shop, we work to protect the security of your payment information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.The Site uses reasonable security methods to protect the personal data (e.g., contact details) that resides on our servers. However, no security system is impenetrable. Spark Etail cannot warrant or guarantee the security of its or its partners' servers, nor can it guarantee that information that Shop Users supply will not be intercepted while being transmitted to Spark Etail or its partners over the Internet.
When you register to purchase products on the Shop, you will be asked provide your email and password. You must keep your passwords confidential and must not disclose it to or share it with anyone. You are responsible for all activities that occur under your login details for the Shop. If you know or suspect that someone else knows your password, notify us immediately at
enquiries@frankandfaith.com.
7. Correction/Updating Personal Information
If you have registered to purchase from the Shop and would like to change your details, please email enquiries@frankandfaith.com. Keep in mind, however, that there will be residual information that will remain within Spark Etail's databases, access logs, and other records, which may or may not contain such personally identifiable information.
You may also opt out of receiving our newsletters and/or promotional information from Spark Etail and/or from third parties affiliated with Spark Etail at any time. If you receive unwanted emails from Spark Etail, you can opt-out by following the instructions and links on the bottom of emails from Spark Etail.
You can also update your contact preferences and information we share on the Site about your community activity on your account page.
8. General
Your personal information will be held and used by us in accordance with the Data Protection Act 1998 and related legislation and nothing in this Privacy Policy or the accompanying Terms of Use should be interpreted as affecting your rights thereunder. If you have any queries about this Privacy Policy, please email us at enquiries@frankandfaith.com.
9. E-mail page to a friend and E-card Facilities
The e-mail to a friend and e-card facilities allow a user to e-mail story and product links or e-cards to other online users. Users can include a personal message together with a name and e-mail address.
The details you provide will not be used for any purpose other than delivering the appropriate information to the intended recipient. Spark Etail will not use the details to send unsolicited e-mail, and will not sell details to any third party.