ABOUT THESE TERMS AND CONDITIONS (“TERMS”)
These are the terms of use for DonJuande (“us/we/our”) which apply to all use of our website at fabfestivals.co.uk (“Site”) whether as a guest, purchaser of products or registered user. Please read these Terms carefully before you start to use the Site. By registering to buy any of the products we offer (“Products”), you are entering into a legally binding agreement with us based on these Terms and our Privacy Policy (collectively referred to as the “Agreement”). If you do not agree to these Terms, please refrain from using our Site.
We reserve the right to amend these Terms from time to time and will post a message on our homepage along with the new version of the Terms if that happens or email to alert you to our new terms. Your continued use of the Site will be deemed to be acceptance of any new terms.
Our website is for use by consumers only.
WHO WE ARE
You can find more about donjuande. by clicking here.
PRODUCTS
All Products shown on our Site are subject to availability. The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
OUR CONTRACT WITH YOU
Once you have placed an order on our Site, you will receive an email from us acknowledging that we have received the order. This does not mean the order has been accepted. A contract between us will only be formed once we confirm our acceptance to you by sending you an email confirming the Product has been dispatched. If a Product is no longer available we will inform you of this by email and your order will not be processed, or if a payment was taken you will be refunded for the full amount.
The email confirming your order will contain our contact details, the Products ordered, the final cost (including VAT and delivery expenses) and delivery and invoice details.
Our order process allows you to check and amend any errors before submitting the order. Please take time to read and check your order at each page of the order process.
DELIVERY
Your order will be fulfilled by the estimated delivery date set out in the email confirming the Product has been dispatched. If we are unable to meet this estimated delivery date we will contact you with a revised estimated delivery date.
Delivery will be complete when we deliver the Product to the address you supplied to us in the order process. The Products will be your responsibility from completion of delivery.
YOUR OBLIGATIONS
You must comply with the terms of the Agreement as set out in these Terms.
- You warrant that you: are over 18 and have full authority to enter in this Agreement.
- You confirm you are not currently restricted from using our Site or from contracting with us; that you shall not infringe our rights; and that you shall only submit information on the Site that you are entitled to submit, which is accurate and not confidential.
- Where you have registered for an account (“Account”) on our Site, you shall keep your password secure and not permit others to use your Account. You are responsible for anything that happens through your Account until it is closed down unless the Account security has been compromised through no fault of your own. If you discover any unauthorised use of your Account you must promptly let us know. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement.
- You are responsible for complying with the laws of the country from where you use the Site and to ensure you have all necessary permission and consents in place in relation to your use of the Site.
- If you think that you are entitled or required to act contrary to the Agreement due to mandatory law which applies to you, you must notify us at least 28 days before you act contrary to this Agreement. We will let you know if we are able to provide a solution that prevents you having to act contrary to the Agreement.
- You must comply with our Acceptable Use policy as set out below.
- You agree to indemnify us against all damages, losses and costs which we incur due to your failure to comply with this Agreement.
ACCEPTABLE USE
- You must not store or transmit any material during the use of the Site that is unlawful, dishonest, threatening, defamatory, obscene, infringing, discriminatory or is racially offensive.
- You should not create more than one Account.
- You should not create a false identity or submit inaccurate, false or misleading information.
- You should not transmit or attempt to transmit any unsolicited advertising such as spam or junk mail.
- You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site.
PRODUCT GUARANTEES AND WARRANTIES
Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products. A manufacturer’s guarantee is in addition to your legal rights as a consumer in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
For Products which do not have a manufacturer’s guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. This warranty however does not apply in to any defect in the Products arising from:
- fair wear and tear;
- wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
- if you fail to operate or use the Products in accordance with the user instructions;
- any alteration or repair by you or by a third party who is not one of our authorised repairers; or
- any specification provided by you.
This warranty is in addition to your legal rights as a consumer in relation to Products that are faulty or not as described.
YOUR RIGHTS IN THE SITE
On condition that you comply with your obligations under the Agreement, we grant you a limited, non-exclusive, non-transferable licence to access the Site (whether through web browser, mobile device or other permitted application or medium) and use the Site in accordance with this Agreement.
OWNERSHIP OF DATA
You are solely responsible for all data you enter using the Site (“Your Data”), and any intellectual property rights in Your Data will be owned by you. We will comply with our Privacy Policy in relation to use of Your Data.
In the event of any loss or damage to Your Data, your sole and exclusive remedy shall be for us to use reasonable commercial endeavours to restore the lost or damaged data from the latest back-up under our archiving procedure. We shall not be responsible for any loss, damage or disclosure of Your Data caused by any third party.
PRICE AND PAYMENT
Prices for Products are clearly stated on our Site in pounds sterling and include VAT. Prices include delivery and any returns. Prices for our Products may change from time to time, but price changes will not affect any order which we have confirmed has been dispatched by email. Payment for Products will only be taken once the Product has been dispatched.
While we do our very best to ensure that all prices on our Site are accurate, errors may occasionally occur. If we discover an error in the price of Products you have included in an order we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. We are under no obligation to provide any Products to you at an incorrect price, even after we have sent you an order confirmation and/ or delivered the Products to you, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the Products, you will receive a full refund.
Payment will be processed by credit card (or similar card) via a trusted third party payment provider. Where your payment is not successful we will contact you and where appropriate suspend access to your Account until payment has been made. We will not be liable for any delay or non delivery of orders if your payment is declined.
DISCOUNT CODES
Discount codes are not applicable in conjunction with any other Sale Price or discounted products. The discount code will only be available for use for the specified time or amount of use. These rules are no definitive and can be modified in accordance to our commercial operations.
AVAILABILITY OF THE SITE
We shall use commercially reasonable endeavours to make the Site available 24 hours a day, seven days a week, except for planned or unplanned maintenance. We will try and ensure all maintenance is not carried out during office hours and to give you as much advance notice of any maintenance as we can.
We will endeavour to respond to all customer support queries within two working days (based on UK time).
You are solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our data centres. We are not liable for any delays, delivery failures and any other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
From time to time, we may restrict access to some parts of our Site, or our entire Site, to users who have registered with us.
We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
OUR RIGHTS IN THE SITE
Other than in relation to data you upload using our Site, we are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
TERMINATION
We may restrict, suspend or terminate the Account of any user who breaches the terms of the Agreement.
The terms of this Agreement, other than the sections dealing with our respective rights and obligations, shall survive termination.
LIABILITY
The Site is provided on an ‘as is’ basis and we do not guarantee that the Site or Products will be suitable for your intended use. Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed and no warranties are given that any Product will be fit for a particular purpose. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to or registered user of our Site, or by anyone who may be informed of any of its contents.
We attempt to be as accurate as possible with the Product information listed on the Site. However, we do not warrant that Product descriptions are, or other content of the Site is accurate, complete, reliable, current, or error-free. If a Product offered by us is not as described, your sole remedy is to return it in unused condition. All Products shown on our Site are subject to availability.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Agreement.
We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Nothing in these Terms seeks to exclude our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation. However beyond that we exclude all other liability to the extent permitted at law. We will not be liable if for any reason our Site is unavailable at any time or for any period.
LINKS TO OTHER WEBSITES
From time to time we may place links on our Site to other websites we think you may want to visit. We are not responsible for these websites and do not have any control over their contents. Except where required by applicable law, we cannot accept any liability in respect of the use of these websites.
GENERAL LEGAL PROVISIONS
If we choose to waive any particular right we have under the Agreement on any particular occasion this does not prevent us from exercising that right on another occasion.
If any part of the Agreement is held by a court of law (or similar forum) to be invalid or unenforceable, this shall not affect the validity or enforceability of the rest of the Agreement.
You are not entitled to transfer or assign your rights and obligations under the Agreement to anyone else without our prior written permission.
If there are any disputes arising out of your use of the Site or relating to the Agreement then these will be governed by the laws of Scotland. If either party requires to raise court proceedings against us in relation to any such dispute then these proceedings must be raised in Scotland.
YOUR CONCERNS
If you have any concerns about material which appears on our Site, or have any further questions regarding our Products, please contact us.
Thank you for visiting our Site.