Fabryx may amend these terms and conditions at any time by posting notice to the Website. User's continued use of this Website constitutes acceptance of the terms and conditions stated at the time of use.
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products available on the Website to you, whether these are goods, services or digital content.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Fabryx providing online merchandise services through this Website, on behalf of United Rugby Championship.
2.2 How to contact us. You can contact us at email@example.com.
Please note customer services working hours are from 9am to 5pm GMT Monday to Friday only.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the 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 not take place until we email you confirmation of acceptance, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will notify you and will not charge you for any product order not accepted. This may be due to, without limitation: the product not being in stock; unexpected limits on resources; a credit reference we have obtained for you does not meet our minimum requirements; us having identified an error in the price or description of the product; or us being unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and inform you what it is if we accept your order. Please keep such order number for your records, as it will assist us in locating your order if you contact us about your order.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on the Website are for illustrative purposes only. Although we have made every effort to display the colours and other aspects accurately, we cannot guarantee that the display of such products accurately reflects each detail of the products. Your product may vary slightly from such images.
4.2 Product packaging may vary. The packaging of products may vary from that shown in images on the Website.
5. YOUR RIGHTS TO MAKE CHANGES TO YOUR ORDER
If you wish to make a change to your order please contact us so we can inform you if such request is consistent with our return policy set forth herein. If it is, we will inform you of any associated changes to the price of the product, the timing of supplying such product, other relevant details regarding your requested change, and confirm whether you wish to proceed with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products. We may change any product to, without limitation:
(a) reflect changes in relevant laws and regulatory requirements; and
(b) implement minor technical adjustments and improvements, for example to address a security or safety issue. These changes will not affect your use of the product.
6.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our Website, we may make changes to these terms and conditions or the product, but if we do so we will notify you and we will refund you for any goods that have not been sent to you should you choose to cancel your order.
7. PROVIDING THE PRODUCTS
7.1 Delivery costs. The delivery costs you are responsible for will be as displayed on our Website at the time of checkout. Entire order must be shipped to a single address and you are responsible for all shipping costs for returned merchandise.
7.2 When we will provide the products. During the order process or shortly thereafter we will let you know when we will provide the products to you by providing you tracking information.
Products. We will deliver the Products to you as soon as reasonably possible.
7.3 Promotional discount. Any applicable promotional discount is automatically applied to your order when at checkout, subject to your provision of the correct discount code or similar indication. Products included on the Website are only available until such product supply lasts. Any promotional discount does not apply to VAT, import duties or excise tax, gift wrapping, delivery or similar charges. Any applicable discount is not applicable with returned merchandise; and total discount will be deducted from the value of any returned item to which the discount is applied. Any discount or promotional offer is not applicable on previously purchased items. A discount or promotional offer may be terminated by Fabryx at any time.
7.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you within a reasonable amount of time after discovery to inform you of the status of your order. We shall not be liable for delays caused by such event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received on a case by case basis.
7.5 If you are not at home when the products (goods) are delivered. If no one is available at your address to take delivery and the products (goods) cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products (goods) from a local depot, if that is available.
7.6 If you do not re-arrange delivery. If you do not collect the products (goods) from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract on a case by case basis.
7.7 When you become responsible for the products (goods). The goods purchased will be your responsibility from the time we deliver the goods to the address provided by you.
7.9 When you own products (goods). You own a product once we have received payment in full.
7.10 What will happen if you do not give required information to us. We may need certain information from you in order to deliver the products to you. If so, such information will have been stated in the description of the products on our Website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.11 Reasons we may suspend the supply of products (goods) to you. We may have to suspend the supply of a product to, without limitation:
(a) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you.
8. CHANGES TO YOUR ORDER
8.1 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then 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.
8.3 How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
(a) Goods: you have 14 days after the day you (or someone you nominate e.g. gift recipient) receives the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate e.g. gift recipient) receives the last delivery.
(ii) Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate e.g. gift recipient) receives the first delivery of the goods.
9. Return of Goods
9.1 When we will pay the costs of return.
We will pay the costs of return:
(a) if the products are faulty or not as described on our Website; or
(b) if we have offered to pay for return of goods
In all other circumstances you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our retail charges for standard delivery.
9.5 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products excluding delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 When your refund will be made. We will make any refunds due to you within a reasonable amount of time in compliance with law. If you are a consumer exercising your right to change your mind then:
(a) If the products are goods your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
(b) In all other cases, your refund will be made within 14 days of your notifying us you have changed your mind.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
How to tell us about problems. If you have any questions or complaints about the product, please contact us firstname.lastname@example.org. Please note customer services working hours are from 9am to 5pm GMT Monday to Friday only.
12. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
12.1 We are under a legal duty to supply consumer products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights under European and UK Law
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice Website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
- a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
- b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
- c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
12.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must return them to us.
13. PRICE AND PAYMENT
13.1 Where to find the price for the product. The price of the product (which includes VAT for UK customers) will be the price indicated on the order pages of our Website at the time you placed your order. We make commercially reasonable efforts to be sure that the price of the product advised to you is correct, but see clause 13.3 to understand what happens if we get the price wrong.
13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.3 What happens if we get the price wrong. It is always possible that, despite our commercially reasonable efforts, some of the products we sell may be incorrectly priced. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a incorrect pricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU AS A CONSUMER
14.1 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 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.
14.2 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 employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987
14.3 We are not liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any product purchased from us; and our total liability to you for all other losses arising under or in connection with any purchase or order between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the lesser of £50 or the total sums paid by you for the products for which you claim damages.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
16. OTHER IMPORTANT TERMS
16.1 We may transfer fulfilment of this agreement to another entity. We may transfer our rights and obligations (such as delivery or customer service) under these terms to another organisation.
16.2 Nobody else has any rights under this contract. This contract is between you and us. No other person or entity shall have any rights to enforce any of its terms or make any changes to them.
16.3 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.
16.4 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, such delays shall not prevent us from enforcing our rights.
16.5 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. If you live in the European Economic Area you can bring legal proceedings in respect of the products in England or in your own country, provided that you are able to serve notice of the proceedings at the following address:
For purposes of communicating with us our address is: Unit 9 Wheel Forge Way, Ashburton Road West, Trafford Park, Manchester. M17 1EH
16.6 User Conduct . User shall not engage in any conduct or action that is prohibited by law while using this Website, or related to the use thereof. Users of this Website also agree not to distribute, post, publish or otherwise communicate any content which defames, abuses or threatens others, which is hateful or racially offensive, or which contains vulgar, obscene or indecent language or images, or which contains unauthorised copyrighted material or infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. Our customer service is ready to assist you with your purchases or inquiries, but we will not tolerate abusive language or behaviour and we reserve the right to prohibit your use of our Website and communications.
16.7 Corporate Identification and Trademarks . All registered and/or unregistered trademarks and/or service marks of Fabryx and United Rugby Championship or any third party (collectively, "Marks") used or referred to on this Website are the property of such party. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify any Marks in any way for any purpose without prior written permission from the applicable owner of such property.
User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in this Website ("Content") is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User understands and agrees that User is permitted to make one (1) copy of such Content for personal use only. User may not copy, reproduce, distribute or create derivative works from this Content or use this Content other than as expressly authorized by this Agreement without prior, express authorization from the applicable Released Party
16.9 Links to Third Party Sites. Fabryx may provide Users with links to other websites. Such third party sites are typically not under the control of Fabryx and User acknowledges that neither Fabryx nor United Rugby Championship or any affiliates thereof is responsible or liable for any content, advertising, products or other materials available from such third party sites. User also agrees that no neither Fabryx nor United Rugby Championship or any affiliates thereof shall be liable to consumers for any loss or damage of any sort incurred as the result of using any third party's Website.