Terms & Conditions Of Sale
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply community products.
1.2 Why you should read them. Please read these terms carefully before you submit your order. These terms tell you who we are, how we will provide a face covering and wristband storage pouch (which we call our ‘product’, below) to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Face-It Designs (UK) (a trading name of QAEC LIMITED, a limited company no. 10250823 with registered office at 3 Tuffley Park, Lower Tuffley Lane, Gloucester GL2 5DE).
2.2 How to contact us. You can contact us by writing to us at sales@face-it.uk or at QAEC Ltd, Kestrel Court, Waterwells Business Park, Quedgeley GL2 2AT.
2.3 How we may contact you. If we have to contact you about your order we will do so by telephone or by writing to you at any email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when it is accepted via our website, at which point a contract will come into existence between us.
3.2 If we cannot fulfill your order. If we are unable to fulfill your order, we will inform you of this and will not charge you or will refund any payment made. This might be because the product you have ordered is out of stock, because of unexpected limits on our time or other resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, or because we are unable to meet a deadline you have specified.
3.3 We only sell our products to the UK. We do not accept orders from or deliver to addresses outside the territories of England, Scotland, Wales and Northern Ireland, and our website is solely for the promotion of our products in England, Scotland, Wales and Northern Ireland.
4. OUR PRODUCTS
Products may vary slightly from the images on our website. The images of products on our website are for the guidance purpose only. Although we have made every effort to ensure the products are accurately represented, there may be minor variations. Your product may vary slightly from those images.
5. YOUR RIGHT TO MAKE CHANGES TO YOUR ORDER
If you wish to make a change to your order please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the order, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to cancel your order (see Clause 7, Your right to cancel your order).
6. DELIVERY OF THE PRODUCT
6.1 When we will deliver the product. After you have paid for the product (see Clause 10, Price and payment), we will aim to deliver it within a few days of the order.
6.2 We are not responsible for delays outside our control. If delivery of the product is delayed by an event outside our control, then we will contact you as soon as possible to let you know, and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event. If there is a risk of substantial delay you may contact us to end the contract and receive a refund for a product you have paid for but not received.
6.3 When you become responsible for the product. A product will be your responsibility from the time
it is delivered to the address you gave us.
6.4 When you own the product. You own the product once we have received payment in full. However, see Clause 11, Rights in the product.
7. YOUR RIGHT TO CANCEL YOUR ORDER
7.1 You can always cancel your order. Your rights when you cancel your order will depend on what you have ordered and whether there is anything wrong with it, and when you decide to cancel the order:
(a) If the product is faulty or misdescribed you may have a legal right to cancel your order (or to get the product repaired or replaced or get some or all of your money back), see Clause 9;
(b) If you want to cancel your order because of something we have done or have told you we are going to do, see Clause 7.2; and
(c) If you have just changed your mind about the product, see Clause 7.3. You may be able to get a refund if you are within the cooling-off period, except if the product packaging has been opened.
7.2 Cancelling your order because of something we have done or are going to do. If you are cancelling your order for a reason set out at (a) to (d) below, we will refund you in full for any product which has not been supplied. The reasons are:
(a) We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) There is a risk that supply of the product may be significantly delayed because of events outside our control;
(c) We have suspended supply of the product for technical reasons, or notify you we are going to do so, for a period of more than 3 months; or
(d) You have a legal right to cancel your order because of something we have done wrong.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 How long do you have to change your mind? You have 14 days after your order to change your mind. For example, if you submit your order on the 3rd of the month, you can change your mind up to and including the 17th of the month.
8. HOW TO CANCEL YOUR ORDER (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
8.1 Tell us you want to cancel your order. To cancel your order, please let us know by writing to us at sales@face-it.uk. Please provide your name, address, details of the order and, where available, your phone number and email address.
8.2 Returning a product after cancelling your order. If you cancel your order for any reason after the product has been dispatched to you or you have received it, you must return it to us. You must post it back to us at QAEC Ltd, Kestrel Court, Waterwells Business Park, Quedgeley GL2 2AT. If you are exercising your right to change your mind you must send the product within 14 days of telling us you wish to cancel your order. A product you return will remain your responsibility until we receive it, and we strongly advise that you use a tracked and insured postal service when returning it, including proof of postage.
8.3 When we will pay the costs of return. We will pay the costs of return:
(a) If the product is faulty or misdescribed; or
(b) If you are cancelling the order because of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.4 How we will refund you. We will refund you the price you paid for the product, by the method you used for payment. However, we may make deductions from the price, as described below.
8.5 If you are exercising your right to change your mind. If you are exercising your right to change your mind, we may refuse to refund your purchase price if the product packaging has been opened. This is because – in the interests of hygiene and for the protection of customers – we will not then be able to sell the product to another customer.
8.6 Changing your mind about the colour of the product. We do not offer free exchanges for a different colour product. If you change your mind about the colour of the product, you should return the product for a refund, and then make a new order.
8.7 When your refund will be made. We will make any refunds due to you as soon as possible, usually within 14 days from the day on which we receive the product back from you.
9. IF THERE IS A PROBLEM WITH THE PRODUCT
9.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at sales@face-it.uk.
9.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract.
10. PRICE AND PAYMENT
10.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the website order pages when you placed your order.
10.2 When you must pay and how you must pay. We accept payment by credit card or debit card. You must pay for the product in full before we supply it.
11. RIGHTS IN THE PRODUCT
11.1 Ownership of the product. As per Clause 6.4, you own the product once we have received payment in full for it. However you must not re-sell the product on Amazon, eBay or any other third party websites.
11.2 Ownership of trade marks. We own the trade marks in the name “FACE IT” and the Face-It logo.
11.3 Design of the product. The design of the product is protected by UK Patent Application no.2019696.0 and PCT Application no. PCT/EP2021/083878 and UK Design Registration nos. 6110311 (wristband) and 6110310 (face covering).
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence (or the negligence of our agents or subcontractors); for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the product including the right to receive a product which is: as described and matches information we provided to you and of satisfactory quality. Please note that the product is not personal protective equipment or for use for medical purposes.
12.3 We are not liable for business losses. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, which arise out of this contract.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
How we will use your personal information. We will only use your personal information as set out in our privacy policy.
14. OTHER IMPORTANT TERMS
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the product, we can still require you to make the payment at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the law of England and Wales and you can bring legal proceedings in respect of the products in the English and Welsh courts.