Please click on the button marked “Complete Purchase and Pay” at the Order Confirmation section of the Website before placing your order with us (“Order”) to show that you accept these Terms of Sale. Please understand that if you refuse to accept these Terms of Sale, you will not be able to order any Product(s) from our Website.
You may have other rights granted by mandatory law, and these Terms of Sale do not affect these except if the two are inconsistent. If this is the case then these Terms of Sale will override any other rights which you may have, unless this is not permitted by mandatory law.
You can contact us through our website http://www.florianhelier.com
The Websites to which these Terms of Sale apply and for which we are responsible is http://www.florianhelier.com.
HOW YOUR CONTRACT WITH US IS FORMED
Orders are submitted via the Website in the following way:
-Once you are ready to make a purchase, click on ‘add to Shopping Bag’ to add the Product you wish to purchase to your Shopping Bag. Then proceed by clicking ‘proceed to purchase’ to log into our secure servers to complete your Order.
-If this is your first purchase on the Website you will have the option at the end of the payment process to create an account with us using your email address and you will also be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. We hold a secure password file to enable you to request a reminder, should it be forgotten on future transactions. You will then be asked to input your address. The address that you register with must be the address that the card statement is sent to, however you can use a different delivery address.
-If you have already registered with us you may enter your sign in details to access your account.
-You must select your preferred method of delivery (if any delivery charges are payable these will then be added to the amount you will be charged and you will be able to review these charges before you place your Order), confirm your address and input your payment details. You may check and correct any input errors in your Order up until the point at which you submit your Order by clicking on the ‘Complete Purchase and Pay’ button. By clicking on the ‘Complete Purchase and Pay’ button you accept our Terms of Sale.
– It is your responsibility to ensure that your Order is correct before submitting it to us. If you have any problems with your Order, please call us Toll Free on 00 800 2000 1122.
-We will then send you a confirmatory email to acknowledge that we have received your Order. This is sent out automatically by us to the email address you register with us. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer by you to buy the Product(s) at the price set out in the Order.
-All Orders are subject to acceptance by us. We are not obliged to accept your Order and may, at our discretion, decline to accept your Order. You do, however, acknowledge that by clicking on the ‘Confirm Purchase and Pay’ button, you enter into an obligation to pay for the Product(s) in the event your Order is accepted by us.
-After sending you the acknowledgment email we will check to make sure we are able to fulfil your Order. Where we accept your Order, we will confirm such Order by sending you a second email (“Dispatch Email”) confirming your Order, confirming dispatch of the Product(s) to the delivery address you have requested and giving you estimated timescales for delivery. This is sent out automatically by us to the email address you register with us. At this point we will process the payment details you have given to us to take payment for your Order. By sending you the Dispatch Email and thereby confirming and accepting your Order, the contract between us (“Contract”) is formed. After entering into the Contract, we will be under a legal duty to supply you with Products that are in conformity with the Contract.
-The Contract will relate only to those Product(s) whose dispatch has been confirmed in the Dispatch Email. We will not be obliged to supply any other Product(s) which may have formed part of your Order until the dispatch of such Products has been confirmed in a separate Dispatch Email.
-You should check both the confirmatory email and the Dispatch Email for accuracy and let us know immediately if there are any errors.
-If there are any problems with your Order, you will be contacted by a representative from Florian Helier & Co.
PRICE AND PAYMENT
Prices and delivery costs are liable to change at any time, but changes will not affect Orders which we have already confirmed in a Dispatch Email.
Prices are checked regularly. However, if we find the price has changed or that there has been a pricing error when we receive your Order we will contact you and ask if you wish to proceed at the correct price. If you confirm that you do wish to proceed, please remember that we will still not be under an obligation to supply the Product(s) until we have sent you the Dispatch Email confirming your Order.
The prices for the Products indicated on our Website at checkout include all taxes, including VAT (BTW), which may be payable in respect of the Product(s) but excludes the delivery costs which will be automatically added to the total amount due when you view your items in your Shopping Bag.
All payments must be made at the time of dispatch of the Product(s) to you. Payment for all Product(s) must be by credit or debit card . We accept payment with Visa, MasterCard and American Express. If we are unable to accept your Order for any reason then we will, at our option, either reject your debit or credit card or refund any money paid by you in respect of that Order. We will not dispatch the Product(s) until we receive payment in full. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
For payment by card, all credit and debit cardholders may be subject to authorisation and authentication. If the issuer of your payment card or our service provider refuses to, or does not for any reason authorise or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the Product(s) which you have ordered as a result.
By providing the relevant information to us, you specifically authorise us to transmit or to obtain information about you from third parties from time to time, including but not limited to your name, address, telephone number, debit or credit card details or credit reports, to authenticate your identity and delivery address for the Product(s), validate your payment card and obtain authorisations for your payments for Product(s).
DELIVERY, TITLE AND RISK
We aim to deliver Product(s) to you, to the delivery address you have requested in your Order within the time set out in our Dispatch Email but we cannot give an exact delivery date.
If we have not delivered the Product(s) within 30 days of the Contract or any other date that we have agreed with you then you may cancel the Contract and we will refund any money paid by you.
Ownership and risk of the Product(s) will pass to you on delivery.
DAMAGED OR DEFECTIVE PRODUCT(S)
Subject to any specific warranties we offer in relation to particular Product(s), or those which are implied by law, we do not offer any warranty or guarantee on our Product(s).
You should inspect the Product(s) when you receive them for defects or damage. If you find a defect or damage you must tell us as soon as possible and we will arrange for their return to our Customer Service Centre, at no cost to you. Retail entities in The Netherlands will not be able to accept any returns or exchanges, however they will provide shipping information for customers who would like to return damages or defective Products(s). If the Product(s) are found to be damaged prior to delivery to you, or defective (through no fault of your own wearing or use), we will repair or replace the Product(s) or refund the price paid by you, including any delivery charges you paid, provided that you have not worn or used and damaged the Product(s). If you would prefer repair or replacement of the Product(s) please contact us and we will replace the item at no extra charge to you where this is reasonably practicable. In addition we will either refund the cost of the return of the item to us by you or send you a prepaid parcel which you can use to return the damaged or defective item to us. Nothing in this section affects your legal rights.
Whilst we have taken reasonable steps to depict Product(s) as accurately as possible through the photographs and other images featured on the Website, some items may appear slightly larger or smaller than the actual size of the Product(s) due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item. Additionally the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.
LIMITATION OF LIABILITY
These Terms of Sale do not exclude or limit our liability (if any) to you for:
-personal injury or death resulting from our negligence;
-fraud or fraudulent misrepresentation;
-damage resulting from wilful intent or gross negligence on our side;
-under Part 3.1 (Product Liability) of Book 6 of the Dutch Civil Code; or
-for any matter which it would be illegal for us to exclude or limit or to attempt to exclude or limit our liability.
Subject to this, in no event shall we be liable to you for any indirect losses (including, but not limited to, loss of income, revenue or profits, loss of business or contracts, or loss of anticipated savings) and we shall only be liable to you for losses which you suffer as a direct result of a breach of these Terms of Sale by us. Our liability for losses you suffer as a direct result of us breaching these Terms of Sale is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaching these Terms of Sale. Losses are foreseeable where they could be contemplated by you and us at the time your Order is accepted by us.
We are not responsible for any delay in, or failure of, performance of our obligations under any Contract arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.
Please note that nothing contained in these Terms of Sale in any way affects your statutory rights.
YOUR RIGHT TO CANCEL
Subject to the terms and conditions detailed herein, if you are a consumer (i.e., you are not purchasing either wholly or in part for your business or you are not a business) you have the right, in addition to your other rights, to cancel the Contract and receive a refund from us including any associated shipping fees that you have paid (we will not refund you any shipping fees paid by Florian Helier).
Save for Products that are damaged or faulty upon delivery, or Products that are delivered incorrectly, Florian Helier will not accept for return personalised, engraved or customized Products, fragrances, or other merchandise that is specified as non-returnable at the time of purchase.
Gift recipients are entitled to a non-refundable merchandise exchange or may request that a refund is made to the purchaser of the Product(s). To exchange your gift selection or request that a refund is made to the purchaser please follow the instructions included with your package.
Cooling Off Period
You may cancel a Contract and receive a refund at any time before your Order is delivered, and up to 30 days afterwards, beginning on the day you purchased your Order (“Cooling Off Period”).
Notice of Cancellation
To cancel the Contract, you must clearly inform us of your intention to do so by completing our cancellation form available on the Website.
Timing and Instructions for Returns
If you choose to cancel the Contract, then you must return the Product(s) to us in accordance with the instructions included in your package, which will contain instructions for the printing of a complimentary shipping label to return the Product(s).
You must return the Product(s) to us within 30 days of purchase or within 14 days after providing notice of cancellation, in the same saleable condition in which you receive them. If you do not return the Product(s) within 30 days of purchase or 14 days of cancellation (whichever occurs first), and in accordance with the return instructions included with the Product(s), we reserve the right to collect the Product(s) from you at your cost.
You must ensure that you take reasonable care of the Product(s) while they are in your possession. If you fail to comply with this obligation, we reserve the right to deduct the cost of any deterioration, up to the price(s) of the Product(s), from the refund to which you are otherwise entitled.
If you do not print the complimentary return shipping label, and instead choose to ship the Product(s) at your own cost, then we advise you to ensure the Product(s) are adequately insured during the return journey.
Product(s) may only be accepted for return at certain Florian Helier & Co. retail locations in the country in which the Product(s) were delivered, excluding concession and airport based locations. Returns will be subject to the applicable retail store’s Terms and Conditions. We encourage you to contact the retail store to inquire about their applicable policy.
So long as the Product(s) are returned in accordance with the terms hereof, we will refund the price of the Product(s) in full (subject to any deduction we are entitled to make due to your use or damage of the Product(s)) together with the cost of standard delivery, if paid at the time of purchase. All refunds will be issued to the original form of tender within 14 days when:
-Products have not been delivered to you at the delivery address you have requested within 30 days of your Contract;
-We send you confirmation by email that your Order has been cancelled; or
-We have received the Product(s) you have returned to us in a timely manner as detailed herein, or if earlier, from the day on which we receive evidence that you have returned the Products to us in a timely manner.
If you choose to return the Products to one of our retail locations that accepts such returns during the Cooling Off Period then you will may receive the refund while you are in the retail location. If such in-store refund is not possible, you shall receive the refund within 14 days of our receipt of the Product at our retail location. As outlined above, and subject to the applicable retail store’s Terms and Conditions, Product(s) may only be accepted for return at certain Florian Helier & Co. retail locations in the country in which the Product(s) were delivered, excluding concession and airport based locations.
OTHER INFORMATION OF WHICH YOU NEED TO BE AWARE
We may not necessarily keep a copy of these Terms of Sale and your Order. We advise you to print a copy of them for your information in the future. You can download a pdf version of these Terms of Sale by clicking here.
These Terms of Sale and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract. The Contract and all communications between us will be conducted in the English language.
The formation, existence, construction, performance, validity and all aspects whatsoever of these Terms of Sale or of any term of these Terms of Sale will be governed by the law of England and Wales.
The English and Welsh courts will have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms of Sale or use of the Website. However you should note that this does not prevent you from starting proceedings in your own local courts if you are a consumer (i.e. you are not purchasing either wholly or in part for your business and you are not a business).
If any provision of these Terms of Sale is found to be invalid or unenforceable by a court, it will be deleted from the rest of these Terms of Sale which shall remain unaffected.
No delay or failure by us to exercise any powers, rights or remedies under these Terms of Sale will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies prevent any other or further exercise of them.
A person who is not a party to a Contract governed by these Terms of Sale between you and us, is not entitled to enforce any of its terms, except where these Terms of Sale expressly provide for such rights.
All notices given by you to us must be given in writing to the postal or email address set out at the beginning of these Terms of Sale. We may give you notice at either the email or postal address you provide to us when placing an Order.