I. TERMS OF SALE
Last updated: 8 October 2020
These terms of sale (“Terms of Sale”) set out the terms and conditions on which we supply any of the products (“Product” or “Products”) listed on our website www.4thandfolk.com (“our site”) to you.
Please read these Terms of Sale carefully before ordering any Products from our site. These Terms of Sale tell you who we are, how we will provide Products to you, how you and we may end the contract, what to do if there is a problem and other important information. If you do not agree to these Terms of Sale you must not order any Product through our site.
Section A of these Terms of Sale details any particular sales promotions that we are currently running. Any purchase made in relation to such sales promotions is governed by both Section A and the general terms of sale set out in Section B so you should carefully review both Sections before ordering Products that are part of a sales promotion. If the Products that you wish to order are not part of a sales promotion, you can ignore Section A.
SECTION A – CURRENT SALES PROMOTIONS
TBC
SECTION B – GENERAL TERMS OF SALE
Last updated: 8th October 2020
1. INFORMATION ABOUT US
1.1 www.4thandfolk.com is a website operated by 4th and Folk Ltd (“we”, “our”, “us”). We are registered in the U.K. under company number 12917524. Our registered office is at Unit 16, Douglas Road Industrial Estate.
2. ORDERING PRODUCTS
2.1 You can place orders for Products with us by following the process outlined on our site. You acknowledge that by placing an order with us you will be under an obligation to pay for the Products in that order if we accept your order.
2.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
2.3 All orders are subject to acceptance by us. We will send you a confirmation e-mail after receiving your order and this will constitute acceptance by us. The contract between you and us will only be made when we send you this email. We will charge your chosen payment method after we accept your order. We will send a further email when your order has been dispatched.
2.4 Unfortunately we can’t stop an order once it has been dispatched by us. If you change your mind about your order after this point you can reject delivery or return the Products to us in accordance with the returns policy below at clause 9.
2.5 Before ordering from us, it is your responsibility to check and determine your full ability to receive the Products ordered. This includes ensuring that the Products ordered will pass freely into your room of choice, they fit in that room, can be transported through the door of your flat or room, stairs and doorways, and there are no other issues that could make delivery more complicated or impossible.
2.6 You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order or the delivery of the Products.
3. AVAILABILITY
3.1 All orders for Products are subject to the availability of those Products and the materials for making the Products. We will inform you as soon as possible after receiving your order if, for any reason, the Products you have ordered are not available or are subject to any delay.
3.2 If we are unable to supply you with a Product, for example, because the manufacturer is out of stock or because of an error in the price (see clauses 5.4 and 5.5 below) we will inform you of this by email and we will not process your order. If you have already paid for the Product we will refund you the full amount as soon as possible.
4. IMAGES AND SIZING OF PRODUCTS
4.1 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 will display the colours accurately or reflect the colour of the Products. The Products that are delivered to you may vary slightly from those images.
4.2 Although we have made every effort to be as accurate as possible, the measurements indicated including weights, dimensions and capacities shown on our site are approximate only.
5. PRICES OF PRODUCTS
5.1 The price of any Product will be as quoted on our site, except in cases of obvious error.
5.2 The price of any Product may change from time to time, but changes will not affect any order we have accepted.
5.3 The price of a Product includes VAT (where it applies) but excludes any delivery costs, which where applicable will be added to the price of the Products and set out as part of the total amount due during the order process. To see the relevant delivery charges for a product, please refer to our delivery page.
5.4 Due to the large number of Products on our site, it is always possible that some of the Products listed on our site may be incorrectly priced, despite our reasonable efforts. We will normally verify prices as part of our order-handling procedure so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If the Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of the rejection.
5.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an order acceptance, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
6. HOW TO PAY
6.1 We accept payment with the payment methods listed on our site. You must pay for the Products and any applicable delivery charges in advance of delivery of the Products.
6.2 By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct.
7. DELIVERY
7.1 We offer a delivery service in accordance with the timescales shown against each Product on our site. Please note that delivery timescales are estimates. You can find out more about our Product delivery by reading the information on the page of our site.
7.2 Although we will make every reasonable effort to ensure your Products are dispatched and delivered within the estimated timescales, unfortunately we cannot guarantee that they will not be affected by unforeseen issues affecting our suppliers or our delivery partners. If we are unable to meet the estimated dispatch or delivery date, we will contact you with a revised estimated date.
7.3 Your delivery will be completed when we deliver the Products to the address you gave us. If no one is available at your address to take delivery, we will leave you a note with information about how to rearrange delivery. If you have not accepted delivery after three attempts by us, we may treat the contract as having been cancelled by you in accordance with the terms of clause 9 below.
8. RISK AND OWNERSHIP
8.1 Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8.2 The Products will be your responsibility from the time that you (or a third party other than the carrier and indicated by you) take physical possession of the Products.
9. CANCELLATION, RETURNS AND REFUND POLICY
9.1 We hope you will be pleased with everything you have bought from us but if you are unhappy with your Products, you can return them to us either in accordance with the terms set out below or as otherwise in accordance with your legal rights.
10. SALES PROMOTIONS
10.1 From time to time, we may run sales promotions or offer other incentives (“Promotions”) to purchase particular Products from us.
10.2 The length of time any Promotion runs for, the conditions for qualifying for such Promotion and the Products which will be subject to such Promotion will be set out in Section A of these Terms of Sale.
10.3 If you place an order for Products in relation to any Promotion, the Promotion-specific terms and conditions set out in Section A above and the general terms set out in this Section B will apply. To the extent of any inconsistency, the Promotion-specific terms set out in Section A shall prevail.
11. YOUR INFORMATION
11.1 We process information about you in accordance with our Privacy Policy.
12. OUR LIABILITY TO YOU
12.1 We are under a legal duty to supply Products that are in conformity with our contract with you.
12.2 Our Products are designed for residential use and we do not make any guarantees or warranties about their performance in a commercial environment. We will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
12.3 If we fail to comply with a contract between you and us, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if the loss or damage was contemplated by you and us at the time we entered into the contract.
12.4 The maximum loss or damage we will be responsible for is limited to the price you have paid us for the Product to which the loss or damage you suffer relates.
12.5 We do not in any way exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any liability imposed under the Consumer Rights Act 2015 that is not permitted to be excluded or restricted under section 31 of the Consumer Rights Act 2015; and (d) defective products under the Consumer Protection Act 1987.
12.6 This does not affect your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards office.
13. EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control including acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism or acts of local or central Government or of any other competent authorities provided that: (a) we will take reasonable steps to prevent or minimise the failure or delay; (b) in the event of failure to perform, we will refund you all amounts paid under the affected contract; and (c) in the event of substantial delay, you may cancel your order by notifying us and we will refund you all amounts paid under the affected contract.
14. RESOLVING DISPUTES
14.1 If you have a dispute with us relating to our contract with you, in the first instance please contact us at info@4thandfolk.com and attempt to resolve the dispute with us informally. You can also write to us at: 4th and Folk, Unit 16, Douglas Trading Estate, BS15 8PD
14.2 In the unlikely event that we are not able to resolve the dispute informally, please note that the EU operates an online dispute resolution platform for EU consumers to submit disputes arising from online purchases, which can be accessed at //ec.europa.eu/odr . You will also always have the option of resolving the dispute using court action.
15. EACH OF THESE TERMS OPERATES INDEPENDENTLY
15.1 Each of the provisions of these Terms of Sale operates separately. If any court or any other relevant authority decides that any of these paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16. UPDATING THESE TERMS OF SALE
16.1 We may modify or update these Terms of Sale from time to time for reasons including: (a) changes in how our business operates; (b) changes in the legal or regulatory requirements that we must comply with; or (c) changes in how we accept payment from you. However, any order of Products by you will be governed by the terms and conditions available on our site at the time you place the order.
17. RIGHTS OF THIRD PARTIES
17.1 Any Contract made between you and us is only made between you and us. No third party will have any rights to enforce any of its terms.
18. TRANSFER OF OUR RIGHTS
18.1 We may transfer our rights and obligations under our contract with you to another organisation, and we will do our best to notify you in writing if this happens, but this will not affect your rights or our obligations under the contract. We will use reasonable endeavours to tell you in writing in this happens.
19. LAW AND JURISDICTION
19.1 These Terms of Sale are governed by English law. This means that a contract for the purchase of Products made through our site and any dispute or claim arising out of or in connection with it will be governed by English law.
19.2 You can bring legal proceedings in respect of this contract in the English courts. However, if you are a resident of Scotland, you may also bring proceedings in Scotland and if you are a resident in Northern Ireland, you may also bring proceedings in Northern Ireland.
20. CONTACTING YOU
20.1 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
21. CONTACT US
21.1 If you have any queries about these Terms of Sale, please send an email to info@4thandfolk.com. We’ll be here to help.
II. TERMS OF USE
Last updated: 8th October 2020
These terms of use (“Terms of Use”) tell you about the terms and conditions on which you may use our website www.4thandfolk.com (“our site”).
Please read these Terms of Use carefully before you start to use our site. By using our site, you indicate that you accept these Terms of Use and that you agree to abide by them.
INFORMATION ABOUT US
1.1 www.4thandfolk.com is a website operated by 4th & Folk Ltd (we, our, us). We are registered in England under company number 12917524. Our registered office is at Unit 16 Douglas Road Industrial Estate, Kingswood, BS15 8PD United Kingdom.
2. PURCHASE OF PRODUCTS FROM 4thandfolk.com
2.1 The purchase of any products through our site is governed by our Terms of Sale.
3. YOUR PERSONAL INFORMATION
3.1 When contacting us through the site, you may provide certain personal information. We process information about you in accordance with our Privacy Policy.
4. YOUR ACCOUNT AND PASSWORD
4.1 If you set up an account on our site, you must treat your login details as confidential. You must not disclose them to any third party.
4.2 We have the right to disable any account at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
4.3 If you know or suspect that anyone other than you knows your login details, you must promptly notify us at info@4thandfolk.com
5. RULES OF ACCEPTABLE USE
5.1 In addition to the other requirements within these Terms of Use, this section describes specific rules that apply to your use of Shop Instagram and any other interactive feature of our site (the “Rules of Acceptable Use”).
5.2 When using our site you must not: (a) circumvent, disable or otherwise interfere with any security related features of the site or features that prevent or restrict use or copying of the content accessible via the site; (b) give any false information in your account details; (c) take another person’s identity without that person’s permission or misrepresent you are acting on behalf of a person, entity or organisation; (d) use the site if we have suspended or banned you from using it; (e) send junk, spam or repetitive messages; (f) engage in any illegal or unlawful conduct; (g) modify, interfere, intercept, disrupt or hack the site; (h) misuse the site by knowingly introducing viruses, Trojans, worms, logic bombs or other similar material or by undertaking any other action which would harm the site, any site user’s equipment or have a detrimental impact on any site user’s experience of using the site; (i) collect any data from the site other than in accordance with these Terms of Use; (j) submit or contribute any content that is abusive, threatening, obscene, untrue, shocking or offensive; (k) abuse, harm or bully another site user, member of our staff or person; (l) submit or contribute any User Content without the permission of the content owner or otherwise infringe the copyright, trademark or other rights of third parties; or (m) submit or contribute any information or commentary about another person which is untrue, private, confidential or defamatory (including personally accusing another person of unproven criminality or serious wrongdoing which could damage their reputation in the eyes of anyone reading your comment).
5.3 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Use and may result in our taking all or any of the following actions (with or without notice): (a) immediate, temporary or permanent withdrawal of your right to use the site; (b) immediate, temporary or permanent removal of any User Content; (c) issuing of a warning to you; (d) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and/or (e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
5.4 The responses described above are not limited and we may take any other action we reasonably deem appropriate.
6. NOTICE AND TAKE DOWN POLICY
6.1 If you believe that content available through the site:
(a) infringes your rights or any rights of a third party you represent; or
(b) otherwise breaches the Rules of Acceptable Use,
please tell us immediately by contacting us at info@4thandfolk.com.
6.2 When reporting content please provide the information described below in your notice to us: (a) your name and contact details; and (b) a statement explaining whether you believe that the content you are contacting us about: (i) infringes your rights; (ii) the rights of a third party who you represent; or (iii) you otherwise believe the content breaches the Rules of Acceptable Use.
6.3 We will take the action that we believe is appropriate depending on the nature of the content you report. This may include taking no action where we believe the reported content does not infringe any rights or the Rules of Acceptable Use. We are not obliged to discuss or inform you about our chosen course of action following a report from you.
7. LIMITED LICENCE
7.1 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. We grant you permission to access our site for your personal use only. Any other use of our site or our site's content is prohibited. This prohibition includes, but is not limited to:
(a) making commercial use of our site's content;
(b) reproduction of the 4th and Folk name, logo, trade marks or any other content available on our site; and
(c) downloading or copying any of our site content for yourself or for a third-party.
7.2 If you wish to make any use of material on our site other than that set out above, please contact: info@4thandfolk.com.
8. DISCLAIMER AND LIABILITY
8.1 Access to our site is permitted on a temporary basis and we may limit or terminate access to our site at any time without any . We will not be liable if our site is unavailable at any time or for any period.
8.2 We have taken care in the preparation of the content of our site. However, we will not be responsible for any errors or omissions or for any technical problems you may experience with our site. If we are informed of any inaccuracies in the content on our site we will attempt to correct this as soon as we reasonably can.
8.3 Whilst we make reasonable efforts to ensure that any information presented on our site is correct, the information on our site is presented without any guarantees, conditions or warranties or any kind and the site is made available to you on an “AS IS” basis. We are not responsible for anything that occurs from your reliance on the content of our site.
8.4 In any event, we will never take any responsibility for User Content and you use and rely on any User Content entirely at your own risk.
8.5 We exclude all warranties and conditions implied by statute, common law or the law of equity, to the extent permitted by applicable law.
8.6 Because our site is provided free of charge, we will not, in any way, be liable for any loss or damage (whether direct or indirect) in tort (including negligence), breach of contract, breach of statutory or otherwise (even if foreseeable) in connection with any use you make of our site or the information presented on it.
8.7 If you are browsing our site as a consumer, then nothing in these Terms of Use or any additional terms limits any consumer’s legal rights which cannot be changed by these Terms of Use.
8.8 Nothing in these Terms of Use shall exclude or limit our liability for death or personal injury due to our negligence or for any liability for our fraud or fraudulent misrepresentation.
9. LINKS AND LINKING
9.1 Links to third party websites from our site are provided solely for your convenience. If you use these links you leave our site. We do not control, and are not responsible for, these websites, their content or their availability. We, in no way endorse, or make representations about them, or any material found on them. Accessing third party websites from our site is done entirely at your own risk.
9.2 You may link to our home page www.4thandfolk.com, provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You agree to remove any link to our site on a website owned or controlled by you on receipt of a request from us.
10. VARIATIONS
10.1 We may revise these Terms of Use at any time by amending this page. You should check this page from time to time to take notice of any changes we make.
11. SEVERABILITY
11.1 If any of these Terms of Use is held to be invalid, the remaining terms and conditions shall continue to be valid to the fullest extent permitted by law.
12. JURISDICTION AND APPLICABLE LAW
12.1 The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country. These Terms of Use are governed by English law.
13. FEEDBACK
13.1 If you would like to provide feedback on our site, please contact us at info@4thandfolk.com.