Terms & Conditions
1. This document outlines the terms on which you may use this website and the services that Forages Retail LLP (company number OC338539) of Primroses, Chandlers Hill, Meopham, Gravesend, Kent provide to you.
Within this document Forages Retail LLP may be sometimes referred to as (“Forages”) or (“US or WE”) Likewise, you are sometimes referred to in this document as (“you”) or as a (“User”) Distributors of products and/or services are referred to as “Sellers” within this document.
Please take care to read these terms and conditions carefully.
This user agreement governs your access to and use of the services and the Site including any content, information, personal information, products or services therein. This is a legal agreement between you and Forages. If you have any queries regarding these terms and conditions please email us at email@example.com
If you wish to use the Site, whether as a registered user or as a guest you are agreeing to and accepting these terms and conditions and warrant to us that you will abide by these terms and conditions and that you agree to and will at all times abide by these terms and conditions whilst using the Site.
These terms and conditions take effect from your first use of the Site and will continue to apply at all times while you use the Site or while you remain a Registered User (if applicable).
You must not use the services of the Site if we have terminated these terms and conditions with you, or if your registration has been terminated.
These terms and conditions are valid from 28/09/12
Please note that when we advertise any product for sale on the site we are not making an offer to sell that product. Instead of this we are inviting you to make an offer to purchase the product from any party who is advertising that product for sale on our site as a seller.
We may make changes to our User Agreement from time to time and will publish those changes on the site; we may do so without informing you of any changes made. It is your responsibility to remain informed.
3. Using the Site
Firstly you will need to register with us in order to purchase goods and/or services from our Sellers through this Site.
If you do not register with us we will allow you to use the Site (subject to these Terms and Conditions) but you will not be permitted to buy goods through it.
If you do choose to register with us we will allow you to use the Site and to buy goods through it but we reserve the right to withdraw, restrict, or change the service we provide through the site without notice.
4. Registered Users
In order to be able to use the following services you must create an account and become a "Registered User". As a Registered User you will be entitled to:
(a) Receive general email updates;
(b) Receive personalised email(s);
(c) View your purchase history and current order status;
(d) Update and amend any personal details;
(e) Enter into competitions, take advantage of special offers, which may be offered from time to time at the sole discretion of Forages and our Sellers.
If you choose, or you are provided with, a user password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party except your authorised representatives. You will be responsible and liable for any activity carried out on the Site under the use of your user password. We have the right to disable any user 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 these terms and conditions or if the Site becomes unavailable for any reason.
Likewise you may choose to terminate your Registered User account at any time by sending a written notice to us at the address at the bottom of the Site. Account closure cannot be made retrospectively.
Even after your Registered User account is terminated, certain provisions of these terms and conditions remain in effect.
4.1 Services provided by Forages and what we do not provide or promise.
We do not make any of the products on the Site. We quite simply act as agents for the Sellers and are in effect a market place through which Sellers, sell their work. The contract you make through the Site is therefore with the Seller from whom you are buying and not with Forages Retail LLP. (Though we are the ‘Merchant of Record’ for the purpose of your credit card transaction).
Though we select the Sellers who sell on the Site we never have ownership of the goods you buy from them. We cannot and do not examine, inspect or test the products that you may choose to buy from any such Sellers. Likewise we do not examine, test or inspect any services provided by Sellers through the Site.
We do not know whether the claims about any goods and/or services made by Sellers who sell through the Site are correct.
Likewise, we do not affirm that:
The Sellers from whom you purchase any goods and/or services from has the title to or the right to sell them;
That the claims, which the Sellers make on the Site, are true;
Any goods and/or services you purchase are of satisfactory quality or fit for the purpose for which you may be buying them.
Neither the Seller nor We take any responsibility regarding any allergic reactions to any products and/or services that may occur as a result of using such. Likewise neither the Seller or We will take any responsibility should you misuse any product and/or service and as a result cause harm to yourself or anyone else. Only if the product and/or service is proven to be faulty shall any issues be investigated as the Seller see fit to do so.
This does not affect your statutory rights.
4.2 How the contract ought to work
(a) When you place an order for a product(s) and/or service(s) you are making an offer to purchase the chosen product(s) and/or service(s) subject to these Terms & Conditions.
(b) When you place your order and before acceptance of it has occurred you will be required to make full payment of the product and/or service via Forages secure online checkout process.
(c) No order shall be deemed to be accepted by the Seller until said Seller issues an email confirmation to Us that they accept the order has been placed.
Please note that we may refuse to process a transaction or to provide a service at any time. We will not be liable to you or anyone else if we do this or through us unwinding or suspending any transaction after processing has begun.
(d) The contract will relate only to those goods and/or services notified in the email confirmation of acceptance of an order being placed.
(e) You may pay for the products and/or services you buy through us by using a debit or credit card, which will be processed through PayPal, our online payment facility.
(f) All prices are shown in pounds sterling (£) and are payable in that currency. Some prices include VAT and others do not. We inform you in the product and/or service description if such product and/or service include or exclude VAT
(g) Your shopping basket on the Site displays the goods and/or services you have chosen to purchase. The basket reserves the chosen item(s) for a period of up to 1 hour until you choose to purchase the item(s) by making a payment.
(h) The delivery costs vary according to the delivery methods used by the individual Seller. Any delivery times quoted are in working days.
5. If you want us to send goods to a country outside the UK
Certain Sellers are able and willing to ship their product(s) to another country outside of the UK and some are unable to do so. Sellers that are willing and able to ship overseas will have this information stated in their delivery and returns text on the Site which is next to their product description.
The products and services We and the Sellers offer are directed solely at UK residents. Accordingly, neither We nor the Sellers who offer goods and services on this Site represent that any products or services sold through this Site are appropriate or available for use outside of the UK. It is your responsibility to comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
If you order goods from our Site for delivery outside the UK, they may be subject to import duties and taxes, which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount. Please contact the relevant customs and excise authorities for further information before placing your order.
5.1 Specific terms relating to product orders and purchases
If you are redirected to any website via links from Forages and you choose to make a purchase from those websites any transaction that you enter into shall not be deemed to have any connection with Forages. Any descriptions used or statements made in any content on Forages site cannot be considered to be an endorsement of such. Forages do not take any responsibility for the validity of any descriptions within the site supplied by third parties.
9.4 All orders placed through our Site will be subject to:
(a) No issues with payment occurring that prevents the transaction from being processed successfully.
(b) The Sellers acceptance of the order.
(c) All goods are sold subject to availability.
When you place an order to purchase a product and/or service from the Site, you will be sent an e-mail confirming the receipt of your order and containing the details of your order.
Your order represents an offer to the Sellers(s) to purchase your chosen products and/or services from them and the email that we send to you confirming receipt of your order simply confirms that your order has been received by us and will be communicated to the Seller. The email that we send to you confirming the receipt of your order is not an acceptance of the order by either Forages or the Seller.
If a Seller wishes to accept your order you will be sent an email confirming that your order has been dispatched. Known as the ("Dispatch E-mail"). Acceptance of the order will then be complete at the time of the Dispatch E-mail being sent to you.
If you purchase multiple items from multiple Sellers in one transaction you will only be sent a Dispatch E-Mail when we have received notification of acceptance of the orders from all of the Sellers whose products and/or services you have chosen to purchase. We will inform you if the Seller has any issues with acceptance of any items on your order.
To be eligible to purchase products on the Site and lawfully enter into and form contracts on the Site under English law you must warrant to us that:
• You are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these Terms & Conditions;
• The information provided in your order is accurate and complete; including your name, e-mail address, telephone number, delivery and billing address plus any other requested information;
• You will be able to accept delivery of the products at a delivery address in the United Kingdom, which must not be a PO Box.
• You are making payment using a valid credit or debit card issued to you and not fraudulently obtained;
• You are at least 18 years old.
• By making an offer to buy a product and/or service, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to, your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
Forages use sophisticated technology for running its website. Very occasionally there may be times when obvious errors occur, for example when a price, product, service or other detail displayed or presented on the website is incorrect. If this happens we reserve the right to cancel (or agree an amendment with you in respect of) any contract if it has been entered into between you and the Seller and it contains any noticed mistake. This will be without any liability to you.
All products are sold subject to product descriptions. Sellers are careful to give products as true an accurate description as possible but cannot be held responsible for any errors, which may occur. Images of products on our website are for illustrative purposes; actual products may differ slightly. Products are sometimes shown alongside ‘prop products’ or with more than one of the same item for photography purposes.
Please note that it is only the item and quantity described in the product information that is for sale unless otherwise stated.
Although we aim to keep the Website as up to date as possible, the information, including product and/or service descriptions, and quantities appearing on this Website at a particular time may not always reflect the position at the exact moment you place an order.
Product images on the website may differ in colour to the colour of the product purchased. Due to different computer screens being calibrated differently and batches of products and handmade products neither we, nor the Seller are liable to these colour differences. However we try to ensure that all Sellers show products as realistically as possible. As some of our products are hand-made there may also be some differences in shape as well as colour. We see this as part of the charm of owning a hand-made product.
5.2 Returning Goods
If you wish to discuss or organise a return, exchange or refund that you have purchased from the Site you will firstly need to contact us at firstname.lastname@example.org stating your order number and what it is that you wish to return from such order. We will then give you the details in regards to sending your item(s) back.
You must return the product to the Seller unused, in it’s original packaging and wrapped as securely as possible. We, nor the Seller can be held responsible for packages that are lost or damaged in transit therefore we ask that you obtain proof of posting (using a recorded, special, or tracked delivery service) with sufficient insurance and return it to the Seller.
You may cancel your contract with Forages for the product(s) you order at any time up to the end of the 28th day from the date you receive the ordered products. You do not need to give Forages any reason for cancelling your contract nor will you have to pay any penalty. To cancel your contract you must notify us by email at email@example.com
If you have received the products before you cancel your contract then you must send the product(s) back to the address for returns given on the invoice supplied with the product(s) Please note that you will be required to inform Forages of your return.
If you cancel your contract but the Seller has already processed the product(s) for delivery, when you receive the product(s) you must send the product(s) straight back to the Seller unopened to the address for returns given on the invoice supplied with the product(s)
Please note that some items may be non-returnable such as limited edition, bespoke, personalised, made to order and personal accessories such as earrings and underwear. It will be clearly stated next to the product description in the “Delivery & Returns” if the product is returnable or not.
This returns policy does not affect your statutory rights (such as your rights under the Sale of Goods Act 1979 and the Consumer Protection (Distance Selling) Regulations 2000.
We, nor the Seller refund original or return postage costs unless the product being returned to either party is damaged or faulty. Products made to your specification or those that are made to order and gift vouchers and certain services issued by either party are not eligible for a refund.
We will refund any money received from you using the same method you used to pay for your purchase. Your refund will be processed as soon possible, in any event, within 30 days of receiving your returns PROVIDED THAT you have returned the product(s) in question to the address for returns given on the invoice supplied with the product(s), and receipt of which has been confirmed by the Seller who sells with Forages in the condition they were in when delivered to you.
If you do not return the product(s) delivered to you or do not pay the costs of delivery, Forages and the Seller shall be entitled to deduct the direct costs of recovering the product(s) from the amount to be returned to you.
If you do not return the product(s) delivered to you in the same condition that they were supplied then Forages and the Seller shall be entitled to deduct a cost related to the damage to the product(s) from the amount to be returned to you.
If a package arrives damaged please either sign for as damaged when you receive the package or contact us straight away in the case of severe damage to the package.
We may require photographic evidence as proof of severity of damage.
Please note that as Forages acts only as a facilitator in your contract with a Seller this will mean that we have no contractual liability to you in respect of the purchase of a product and/or service. If there is a problem with the product or if you require a refund then your contractual remedy will be against the Seller and not us.
5.3 Risk and ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon their delivery. If you wish to return a product to a Seller, you will be responsible for it until they receive it.
7. Intellectual property
We own the intellectual property rights of our website design, icons, graphics, text and material. Certain images and photography, product and company names used in our website are the property of their respective owners and have been reproduced with their permission.
You may view, download and print pages for your own personal use only. Reproducing, copying, selling or distributing material from our website for commercial purposes is strictly prohibited.
Copyright laws around the world protect the Site and material on it and we will reserve our rights under those laws.
We respect the intellectual property rights of others and we ask the Sellers who sell with us to do the same. If you believe that any of your intellectual property rights have been infringed on the Site, please email firstname.lastname@example.org to report the problem.
8. Uses and Abuses of the Site
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack or otherwise.
By breaching the above, you would be committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Establishing a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists is prohibited.
The Site provides links to other websites for your information. We have no control over such sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. Likewise we do not monitor other third party websites that may be linked to ours and you should be aware that our terms and conditions and other policies do not have effect in your use of those other sites.
You must not create a link to any part of our Site other than the home page and we reserve the right to withdraw linking permission without notice. Our site must also not be framed on any other website.
8.1 Site Information
We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may also be out of date at any given time, and we are under no obligation to update such material.
Nothing in these terms and conditions shall limit or exclude our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. This Disclaimer applies from your first use of the Site.
The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, our subsidiaries, affiliates, officers, agents, other partners and employees and any third parties connected to us hereby expressly exclude:
(a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
(b) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or our services or in connection with the use, inability to use, or results of the use of the Site or our services, any websites linked to it or them and any materials posted on it, including, without limitation any liability for:
1. Loss of income or revenue;
2. Loss of business;
3. Loss of profits or contracts;
4. Loss of anticipated savings;
5. Loss of data;
6. Loss of goodwill;
7. Wasted management or office time; and 8. Any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable)
12.3 You will not hold us responsible for other user, member or third party actions or inactions.
12.4 We have no control over, do not guarantee, and you will not hold us
responsible for: (a) The quality, safety or legality of items advertised or recommended;
(b) The truth or accuracy of recommendations or referrals;
(c) The truth or accuracy of any content posted on the site;
(d) The ability of Sellers to sell items;
12.5 You should not assume that the offer or sale of any item is valid and/or legal simply because it is listed or recommended on the Site.
12.6 You agree to indemnify and hold us harmless from any losses or costs (including all legal fees) we incur arising directly or indirectly from your use of the Site and / or our services, any breach or alleged breach by you of these terms and conditions or any representations or warranties made in these terms and conditions or that you have given during any application process to become a Registered User.
The provisions of this section 12 will remain in force after termination
10. Force Majeure
Where either we or one of the Sellers who sell on the site is prevented from or delayed in the carrying on of its business due to circumstances beyond its reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, war, lock-outs, strikes or other labour disputes, (whether or not relating to the workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, the date of delivery shall be postponed for the period that the circumstances continue.
11. Law and jurisdiction
Contracts for the purchase of goods through our Site will be governed by the law of England and Wales. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
12. General terms
The only language in which we provide these Terms & Conditions is English.
If a court of competent jurisdiction holds any provision of these Terms & Conditions invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provisions will be deemed omitted.
We are not liable for any losses, costs, damages or expenses incurred arising directly or indirectly from any failure to meet any estimated delivery date.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these Terms & Conditions. Any attempt by you to do so will be null and void.
We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these Terms & Conditions, at any time – providing such action does not serve to reduce the guarantees benefiting you under these Terms & Conditions.
Each contract under these Terms & Conditions is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, anyone else.
The right of the parties to terminate, cancel, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
These Terms & Conditons will be governed by and construed in accordance with English law, and the courts of England and Wales will have exclusive jurisdiction to adjudicate any dispute arising under or in relation to these Terms & Conditions.