Fusilier
London Terms & Conditions
1: INFORMATION ABOUT US
1: www.fusilier.co.uk is operated by
Shell & Core Limited (“We”). We are a company registered in England and
Wales under company number 07267902 and with our registered office at rear
of181 - 183 Summer Road Erdington, Birmingham B23
6DX United Kingdom, United Kingdom Our UK VAT number is 110888028. Our email
address is customerservices@fusilier.co.uk.
2: SERVICE AVAILABILITY
1: Some restrictions are placed on the
extent to which We accept orders from specific countries. These restrictions
can be found on our “Deliveries” page.
3: YOUR STATUS
1: You may only purchase Products from
us if:
2: you are legally capable of entering
into a binding contract with us (for example, in England and Wales you must be
at least 18 years old);
3: you are an authorised user of the
credit or debit card or payment account (ie Paypal or Stripe) used to pay for
your order; and,
4: are resident in a country that we
deliver to (please see our “Deliveries” page for further information).
4: HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
1:Once you have placed your order, you
should receive an e-mail from us acknowledging that We have received your order
(but please contact us if you do not receive this e-mail). Please note this
does not mean that your order has been accepted. All orders are subject
to availability and acceptance by us (which We may refuse for any reason).
2: After you submit your order, we
immediately contact your bank or card issuer for authorisation to take payment
from your account. We will not process your order until payment has been
received in full. If we accept your order We will confirm this to you by
sending you a further e-mail confirming the Product is being processed ready
for dispatch at which point the contract between us ("Contract") will
be formed.
3: As soon as you place your order, we
start to process your order which means you will not be able to change it
before delivery, but you may be able to return your Products under clause 8 of
these terms and conditions or under our Returns Policy.
4: From time to time We may make minor
changes to a Product to reflect changes in relevant laws and regulatory
requirements.
5: These terms and conditions, and any
Contract between us, are only in the English language. Please note that We may
not necessarily keep a copy of your Contract. You should keep a copy of these
terms and conditions and your order for future reference.
5: DELIVERY
1: Your order will be fulfilled by the
delivery date set out in the Dispatch Confirmation or, if no delivery date is
specified, then as soon as reasonably possible (depending on the delivery
service you have selected). In any event, delivery will take place no more than
30 days after the day your Contract is entered into.
2: If no one is available at your
address to take delivery and the Products cannot be posted through your
letterbox or left in a safe place, after three failed attempts, we may end the
Contract and clause 13 will apply.
3: Delivery of your order will be
complete when We deliver the Products to the address you gave us and the
Products will be your responsibility from that time.
4: You will own the Products once We
have received payment in full.
5: The images of the Products on our
site and in our other advertising materials are for illustrative purposes only.
Your Products may vary slightly from those images. Although We have made every
effort to display and print the colours of the Products accurately, We cannot
guarantee that your computer's display of the pictures, or the pictures in our
other advertising materials, accurately reflect the colours of the Products
that will be delivered to you.
6: Please note postcode restrictions
apply. Check your eligibility on the deliveries page.
7: Working Days excludes Sunday and
Bank Holidays
8: If you wish to dispute delivery of
your order, you have 14 days starting from the day that the tracking status for
you order is updated by the carrier as fulfilled (i.e. updated as delivered to
the address set out in the Dispatch Confirmation). We reserve the right to
request evidence, before issuing any refund of the price paid and/or any
associated delivery costs.
6: INTERNATIONAL DELIVERY
1: If you order Products from us for
delivery to a destination outside the UK:
your order may be
subject to import duties and taxes which are applied when it reaches the
delivery destination. Please note that We have no control over these charges
and We cannot predict their amount. You will be responsible for
payment of any such import duties and taxes. Please contact your local customs
office for further information before placing your order. We will not be liable
or responsible if you do not pay any such import duties or taxes;
2: you must comply with all applicable
laws and regulations of the country for which the Products are destined. We
will not be liable or responsible if you break any such law; and
3: if you return any Products to us
from a destination outside the UK, please ensure that the return parcel is
marked clearly with the wording “Return to supplier” or wording having similar
effect.
7: PRICE AND PAYMENT
1: The price payable for
the Products shall be as shown on our site in pounds sterling (GBP), although
please see clauses 7.5 and 7.6 for what happens if We discover an error in the
price of any Product you order. Prices advertised on our site include UK VAT at
the relevant rate chargeable for the time being, but exclude delivery charges
which are payable in addition and shown separately during the checkout process.
2: We can change the
prices on our site at any time without notice, but changes will not affect
orders which We have already accepted. However, if the rate of VAT changes
after the date of your order, We will adjust the rate of VAT you pay unless you
have already paid for the Products in full before the change in VAT takes
effect.
3: We accept payment by
debit card, credit card, Apple Pay (iOS only), PayPal, and Stripe. We accept
the following cards: Visa, VISA Electron, Mastercard, Maestro, American
Express.
4: If We accept and
process your order where there is a pricing error that is obvious and
unmistakable and which could reasonably have been recognised by you as a
mispricing, We may end the Contract, refund to you any sums you have paid under
the Contract and require the return of any Products provided to you.
5: If you wish to apply
a voucher code to your order, you must enter the relevant code during the
online checkout process. Only one voucher code can be used per order and
additional terms and conditions may apply in respect of each voucher code. We
reserve the right to decline to accept any voucher code that is invalid for
your order or that has expired.
8: YOUR RIGHT TO CANCEL THE CONTRACT (EEA CUSTOMERS
ONLY)
1: If you are a consumer in the
European Economic Area (“EEA”), you have a legal right to cancel a Contract if
you change your mind until 14 days after you receive (or someone you nominate
receives) the Products, unless the Products are split into several deliveries
over different days in which case you will have until 14 days after the day you
receive (or someone you nominate receives) the last delivery.
2: If you wish to cancel a Contract
under clause 8.1, you just need to communicate this to us within the timescale
set out in clause 8.1. The easiest way to do this is to contact us by email at
customerservices@fusilier.co.uk.
3: The right to cancel a Contract
under clause 8.1 does not apply to swimwear and underwear.
4: If you cancel a Contract under
clause 8.1 after the Products have been dispatched to you, you must return them
to us. You must send off the Products within 14 days of telling us that you
wish to cancel the Contract. We will pay the costs of your returns if you use
our free returns service in accordance with the Returns Policy, but if you do
not use this service in accordance with our instructions then you will be
responsible for the cost of returning Products to us. Please see our Returns
Policy for further information about how to return Products to us.
9: RETURNS
1: As an alternative to
using your rights under clause 8.1, you may wish to return an item using our UK
returns service. For further information on returns please see our Returns
Policy
2: Where we suspect
fraudulent activity, including but not limited to circumstances where there are
suspicious claims relating to orders having been placed, but not received, or
if we suspect that you are returning items after they have been used or worn,
or items returned do not match what you ordered, we reserve the right to
withhold refunds and block your account (and any associated accounts) from
placing orders in future. If this happens to you and you think we’ve made a
mistake, you can Contact Us and we will discuss the matter with you further
10: YOUR RIGHT FOR A REFUND (EEA
CUSTOMERS ONLY)
1: If you are a consumer
in the EEA and you cancel your Contract under clause 8.1, We will:
refund you the price you paid for the
Products. However, please note that We may reduce your refund to reflect any
reduction in the value of the Products, if this has been caused by your
handling them in a way which would not be permitted in a shop. If We refund you
the price paid before We are able to inspect the Products and later discover
you have handled them in an unacceptable way, you must pay us an appropriate
amount; and
2: refund any charges
you have paid for delivery of the Products to you, although the maximum refund
for delivery costs will be the least expensive delivery method We offer to your
delivery destination; and
3: make any refunds due
to you by the method you used for payment:
4: 14 days after the day
on which We receive the Products back from you or, if earlier, the day on which
you provide us with evidence that you have sent the Products back to us; or
5: 14 days after you
inform us of your decision to cancel the Contract
6: Please see our
Returns Policy for more information about returns and refunds.
11: FAULTY PRODUCTS
1: If you are a consumer, We
are under a legal duty to supply Products that are in conformity with the
Contract. Nothing in these terms and conditions will affect your legal rights
in relation to Products that are faulty or defective.
2: If you consider that any
Product We have supplied is faulty or mis-described, please notify us using the
contact details set out in clause 8.2.
3: If you discover that your
Product is faulty after 14 days we reserve the right to request evidence, such
as images of the defect, before issuing any refund of the price paid and/or any
associated delivery costs.
12: OUR RIGHTS TO CANCEL THE CONTRACT
1:We may end the
Contract at any time by writing to you if:
a: you do not make any
payment to us when it is due;
b: you do not, within a
reasonable time of us asking for it, provide us with information that is
necessary for us to provide the Products; or
c: you do not, within a
reasonable time, allow us to deliver the Products to you.
2: We may also end the
Contract in the circumstances set out in clause 7.5 or clause 7.6.
3: If We end the
Contract in any of the situations set out in clause 13.1, We will refund any
money you have paid in advance for the Products We have not provided but We may
deduct or charge you reasonable compensation for the costs We will incur as a
result of your breaking the Contract.
13: OUR LIABILITY
1: If We fail to comply
with these terms and conditions, We are responsible for loss or damage you
suffer that is a foreseeable result of our breach 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.
We only supply the
Products for dome stic and private use. If you use the Products for any
commercial, business or resale purpose, We will have no liability to you for
any loss of profit, loss of business, loss of anticipated savings, business
interruption or loss of business opportunity.
2: We do not in any way
exclude or limit our liability for death or personal injury caused by our
negligence, fraud or fraudulent misrepresentation or any matter for which We
may not exclude or limit our liability under any applicable law.
14: EVENTS OUTSIDE OUR CONTROL
1: We will not be liable
or responsible for any failure to perform, or delay in performance of, any of
our obligations under a Contract that is caused by an Event Outside Our
Control. An Event Outside Our Control means any act, event, omission or
accident beyond our reasonable control.
2: If an Event Outside
Our Control takes place that affects the performance of our obligations under a
Contract, We will contact you as soon as reasonably possible to notify you and
our obligations under the Contract will be suspended and the time for
performance of our obligations will be extended for the duration of the Event
Outside Our Control. Where the Event Outside Our Control affects our delivery
of Products to you, We will arrange a new delivery date with you after
the Event Outside Our Control is over.
3:You may cancel a
Contract affected by an Event Outside Our Control if there is a risk of
substantial delay. To cancel a Contract under this clause 14 please contact us
using the details set out in clause 8.2.
15: INTELLECTUAL PROPERTY RIGHTS
1: All and any
Intellectual Property Rights in the Products shall be owned by us or our
licensors. All such rights are reserved.
16: OTHER IMPORTANT TERMS
1: Nothing in these
terms and conditions shall affect your rights as a consumer under the
applicable law in the jurisdiction in which you are resident.
2: If We have to contact
you, We will do so by in writing or telephone, using the contact details you
provided to us in your order, unless you have asked us to contact you by any
other means. When We refer in these terms and conditions to “in writing”, this
includes e-mail.
3: We may change these
terms and conditions from time to time. The terms and conditions that apply to
your Contract will be those that are displayed on our site when you place your
order.
4: We may transfer our
rights and obligations under the Contract to another organisation. We will tell
you in writing if this happens and We will ensure that the transfer will not
affect your rights under the Contract.
5: You may only transfer
your rights or your obligations under these Terms to another person if We agree
in writing.
6: The Contract is
between you and us. No other person shall have any rights to enforce any of its
terms.
7: Each of the
paragraphs of these terms and conditions operates separately. If any court or
relevant authority decides that any of them are unlawful or unenforceable, the
remaining paragraphs will remain in full force and effect.
8: If We fail to insist
that you perform any of your obligations under these terms and conditions, or
if We do not enforce our rights against you, or if We delay in doing so, that
will not mean that We have waived our rights against you and will not mean that
you do not have to comply with those obligations. If We do waive a default by
you, We will only do so in writing, and that will not mean that We will
automatically waive any later default by you.
9: Please note that
these terms and conditions are governed by English law. If you are a consumer,
this means a Contract for the purchase of Products and any dispute or claim
arising out of or in connection with it will be governed by English law, except
that if you are not resident in England then English law shall apply only to
the extent that it does not override any mandatory laws of the country in which
you have your usual place of residence.
10: In respect of any
dispute or claim relating to a Contract, if you are a consumer you and We both
submit to the non-exclusive jurisdiction of the courts of England and Wales,
but nothing in this clause shall limit your legal rights to bring actions
against us or to require proceedings to take place in the country in which you
have your usual place of residence. If you are not a consumer, you and We both
submit to the exclusive jurisdiction of the courts of England and Wales.
17: AFTER-SALES SERVICE
1: Questions, comments
or requests regarding these terms and conditions or our Products should be
addressed to customerservices@fusilier.co.uk.
2: If you have any
complaints these should be addressed to Fusilier London by email to
customerservices@fusilier.co.uk.
3: If you are not
satisfied with how We have handled any complaint, you may wish to request that
the complaint be referred for alternative dispute resolution (where an
independent body considers the facts of the dispute and seeks to resolve it
without you having to go to court). Disputes may be submitted for online
resolution to the European Commission Online Dispute Resolution platform.
18: PROMOTION TERMS AND CONDITIONS
1: Official Fusilier
London promotion codes entitle you to an offer on your online order from www.fusilier.co.uk.
To utilise your promotion code, click the "redeem a promotion code"
button on the order summary page and enter the specific code. Please note,
promotion codes can only be used once per transaction and cannot be used in
conjunction with any other promotion or offer. Promotion codes are territory
specific, remain our property, are not transferable and are not valid for the
purchase of gift cards or gift vouchers. There is no cash alternative.
Promotion codes and related offers are not open to employees of fusilier.co.uk
and we reserve the right to withdraw them and refuse or restrict any order at
any time. Promotion codes are only valid on fusilier.co.uk for payments made by
residents of the United Kingdom and Ireland in Sterling, where enabled, Euros,
US or Australian dollars. Payment by Euros, US or Australian dollars can be
enabled by selecting the appropriate flag in the dropdown currency selection
menu in the top right-hand corner on the homepage.
20: GENERAL
Gift Cards and their balance cannot
be returned or refunded, in whole or in part, except in accordance with your
statutory legal rights. Gift Cards and their balance cannot be resold,
exchanged for cash or transferred for any value by you or anyone else other
than for purchasing items from fusilier.co.uk in the UK only. No cash change
will be given on purchases made using a Gift Card.
We reserve the right to cancel any
order for your e-gift card and refund any monies you have paid to us if we
discover any pricing or other errors in relation to the order prior to the time
of dispatch. We will contact you in these circumstances and will give you the
opportunity to place a new order. Your refund will be processed within 5
working days.
We reserve the right to cancel any
order made using any balance on your Gift Card and will refund any monies
redeemed and paid to us from your Gift Card back to a new e-eift Card if we
discover any pricing or other errors in relation to the order prior to the time
of dispatch. We will contact you in these circumstances and will give you the
opportunity to place a new order using a new e-gift card. Your refund will be
processed within 5 working days.
We reserve the right to terminate
your order for your e-gift card, if we believe you have breached any of these
Terms and Conditions or if we suspect fraudulent activity. We also reserve the
right to terminate any order made using any balance on your Gift Card, if we
believe you (or the person placing the order) have breached any of these Terms
and Conditions or if we suspect fraudulent activity. If we terminate your order
we will refund the sums you have paid to us within 5 working days, less any
costs directly incurred by us as a consequence of your breach of these Terms
and Conditions.
We reserve the right to change or add
to these Terms and Conditions for security, legal or regulatory requirements.
We will give you at least one month’s notice of any such changes or additions.
If you require further information
about our Terms and Condition, or your use of your Gift Card, please contact a
member of our customer services team at: customerservices@fusilier.co.uk