TERMS & CONDITIONS
Welcome to the Forge and Fig Website terms and conditions for use (“Conditions”). These apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by them. If you do not agree to be bound by them you may not use or access this Website.
Before you place an order, if you have any questions relating to these Conditions please contact our customer services department using hello@forgeandfig.com.
We reserve the right to make changes to our Website, policies, and these Conditions at any time.
You will be subject to the policies and Conditions in force at the time that you use the Website and/or place you order for goods from us (as applicable), unless any change to those policies or these Conditions is strictly required to be made by law or government authority (in which case you will be notified as soon as possible and such changes will apply to orders previously placed by you and which are pending acceptance/delivery).
DATA PRIVACY
For more information about how we use and store your data please refer to our Privacy Policy
WAYS TO PAY
We accept the following methods of payment:
VISA, Mastercard, Visa Electron, American Express, Stripe, and Apple Pay.
At present we only ship within the UK.
SECURE PAYMENTS
Authentic Sites use SSL certificates to offer secure communications by encrypting all data to and from the site. Once you’ve logged into your account and/or started the checkout procedure, to protect your personal data you’ll notice the URL change to start with HTTPS signifying that you are now using a secure connection.
Your online payment will be handled by Stripe.
DEFINITIONS
"Product" means a product displayed for sale on the Website;
"Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided;
"Users" means the users of the Website collectively;
"Personal Information" means the details provided by you on registration;
"We/us" means Forge and Fig, Stuart Whitehead, Scorton Road, Brompton on Swale, Richmond, DL10 7EQ ;
"Website" means the website located at www.forgeandfig.com or any subsequent URL which may replace it;
"Cookies" means small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer;
"United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands and "you" means a user of this Website.
USE OF THE WEBSITE
ACCESS
You are provided with access to this Website in accordance with these Conditions and any orders placed by you are subject to your agreement to these Conditions.
REGISTRATION
You confirm that:
The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and you will notify us immediately of any changes to the Personal Information by contacting our customer services team using hello@forgeandfig.com . You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
YOUR LIABILITY
You will be required to fully compensate us for all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, we incur arising out of any breach of the Conditions by you or any improper use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information (unless such use by such other person is as a result of our act or omission).
OUR RIGHTS
We reserve the right to:
Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change to any policies or the Conditions in place from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions or policies have been changed. If you do not agree to any change to the Conditions or policies then you must immediately stop using the Website.
3RD PARTY LINKS
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
PURCHASE OF PRODUCTS
Contract Creation and Electronic Contracting
The technical steps required to create the contract between you and us are as follows:
You place the order for your products on the Website by pressing the confirm order button at the end of the check-out process.
You will be guided through the process of placing an order by a series of simple instructions on the Website.
We will send to you an order acknowledgement email detailing the products you have ordered within 1-2 hours of the order being placed.
This is not an order acceptance from Forge & Fig. Order acceptance will take place when we email you to confirm that your order has been dispatched (and at this point, our contract with you will become legally binding).
Non-acceptance of an order may arise for a number of reasons. By way of example, this could be a result of one of the following:
The product you ordered being unavailable from stock.
Our inability to obtain authorisation for your payment.
The identification of a pricing or product description error.
You are not meeting the eligibility to order criteria set out in these Conditions.
The contract will be concluded in English. The details of your specific contract will not be filed by Forge & Fig.
Contract Cancellation
You will have 14* days after the day you (or someone you nominate) receives the Products (unless the Products are split into several deliveries over different days, in which case you have until 14* days after the day you (or someone you nominate) receives the last delivery) to cancel your contract with us without giving any reason.
Please note that your right to cancel your contract does NOT apply to Products which fall into the following categories:
Goods made to your specification or are clearly personalised
Sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery
If you wish to exercise your right to cancel you must inform us of your decision to cancel by making a clear statement (e.g. email).
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
If you cancel your contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and no later than: (i) 14 days after the day we receive back from you any Products supplied; or (ii) (if earlier) 14 days after the day on which you provide evidence that you have returned the Products. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in any event, you will not incur any fees as a result of the reimbursement.
You shall send back any Products without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of your contract to us. The deadline is met if you send back the Products before the period of 14 days has expired. You will have to bear the cost of returning the Products in circumstances where you cancel your contract.
You are only liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products.
PROMOTIONAL DISCOUNTS
From time to time we may advertise promotional offers including, but not limited to, discounts and free gifts. The conditions of use for any promotion will be specific to each offer. We reserve the right to withdraw any promotion without notice, prior to the advertised expiry date.
COMPLAINTS
Should you wish to lodge a complaint about any of the products and services provided by Forge and Fig, you can do so in writing, to hello@forgeandfig.com
DESCRIPTION OF PRODUCTS
Each Product purchased is sold subject to its Product Description which sets out additional information relating to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, after-sales service and guarantees. We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. In some limited circumstances, after you have placed an order, we may identify an error in the price and/or Product Description. In these circumstances, we would not be able to accept your order.
If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
PAYMENT
All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. The total cost of your order is the price of the Products ordered plus delivery charges as set out in the Delivery Information of this Website. Payment can be made by any of the methods specified in the Checkout Section of this Website and payment will be debited and cleared from your account as set out in the Payment section of this Website. You confirm that the credit, debit or store card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
REFUSAL OF TRANSACTION
We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website.
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion.
We will not be liable to you or any third party by reason of our withdrawing any Product from this Website whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending of any pending transaction after processing has begun.
Nothing in these Conditions affects your legal rights in circumstances where we process an order and enter into a legally binding contract with you.
To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website under English law you must:
Register by providing your real name, phone number, e-mail address, payment details and other requested information Stipulate a delivery address in the United Kingdom. Please note that PO box numbers, hotels and accommodation addresses are not acceptable. By making an offer to buy a Product, 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.
GENERAL
Intellectual Property and Right to Use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. Save as expressly permitted in these Conditions, you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Compliance with Laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Our responsibility to you
General
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 employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products; and for defective products under the Consumer Protection Act 1987.
Please note that we only provide our Website and supply Products for domestic and private use. You agree not to use our Website or purchase Products for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Our liability when you use our Website
The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date. However, nothing in this clause will restrict or limit our legal obligations regarding the provision of information for any Products you purchase from us.
Our Website is made available free of charge. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Conditions, and that they comply with them.
We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit 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 our Website will cease immediately.
Our liability in relation to Products you purchase from us
If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Survival
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
Governing Law
This Agreement, and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to this agreement or its formation (including any non-contractual disputes or claims), shall be governed by and construed in accordance with English law and you submit to the non-exclusive jurisdiction of the courts of England.
Contact - hello@forgeandfig.com
The registered company address of Forge & Fig is:
Forge and Fig,
Stuart Whitehead,
Scorton Road,
Richmond,
DL10 7EQ