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.
Updated 29th May 2018
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.
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
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;
4.3 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.
5.1 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;
8. Enquiries or complaints 8.1 If you have any enquiries or complaints about the Site then please address them to:
Frank and Faith
c/o Spark Etail Ltd
Unit 1 Follingsby Business Park
Tyne & Wear
Email: [email protected].
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
10.2 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
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 £4.95 to any UK mainland address (excluding highlands, islands, Northern Ireland and offshore territories). Orders over £15 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 [email protected]. We do not offer 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. 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. We can only accept returns for underwear if the original packaging is clearly unopened or the item is faulty. We reserve the right to refuse return of these items if this is not the case.
If the product is damaged in any way, please contact customer services by email at [email protected].
3.7 Cancellation Policy - Please note that you have a legal right to cancel your order within 14 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. If you are under 18, you may use Spark Etail only with the involvement of a parent or guardian.
3.9 Vouchers - From time to time, vouchers may be issued for free delivery or for discounts on orders or products. Some vouchers may only be used once per customer. Please contact [email protected] 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.