means these terms and conditions;
means the contract incorporating these Conditions which is formed when You place an Order and We confirm acceptance of such Order;
means countries other than the United Kingdom
means an order placed by You via this Website for one or more Products;
means all and any information provided by You in an Order or when registering on any part of this Website to include without limit your name, address and card details;
means any product advertised on this Website;
means England, Scotland, Wales, Northern Ireland and Isle of Man
means Scarlet Fevver website
means Scarlet Fevver.com which is operated by Us;
means a user of this Website.
USE OF THIS WEBSITE
Application of these Conditions
These Conditions apply to use of this Website and are the terms and conditions on which We will supply any of the Products to You and by proceeding further and/or placing an Order You agree to be bound by the Conditions. ( If You do not agree to be bound by them, You should leave this Website now.
When using the Website, You accept that communication with Us will be mainly electronic. We will contact You by email or provide You with information by posting notices on the Website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
We may change these Conditions from time to time without notice to You. Changes will apply to any subsequent Orders received. It is your responsibility to check regularly to see if any changes have been made to these Conditions. We reserve the right to modify or withdraw this Website at any time without liability to You.
Contact Us if You have any questions relating to these Conditions or ordering the Products generally by using the contact us page
You are responsible for maintaining the confidentiality of the password chosen by You when You register on the Website and for restricting access to your computer and/or email address to prevent unauthorised access to your account.
Description and Availability
We take all reasonable measures to ensure that details, measurements and descriptions of Products given on this Website are as accurate and complete as possible but there may be variations between these and the Products themselves All Products are subject to availability.
Prices appearing on this Website are inclusive of sales tax (where applicable) at the current rates.
The cost of your Order will be the price of the Products ordered plus the appropriate delivery charge outlined in the “Delivery Services” section below.
Due to circumstances beyond our control prices may have to be altered, including any variations in the rate of sales tax. If this occurs You will be notified and requested to reconfirm your Order at the altered price.
By notifying You, We shall be entitled to cancel any Contract in whole or in part to the extent that it is for the purchase of a Product the price of which was stated incorrectly on the Website.
Placing an Order
You must not order Products via this Website if You are younger than 16 years of age.
All Orders are subject to acceptance by Us and are subject to availability. After placing an Order, You will receive an email from Us acknowledging that we have received Your Order. Please note that this does not mean that Your Order has been accepted. Your Order constitutes an offer to Us to buy a Product. All Orders are subject to acceptance by Us and We will confirm such acceptance by dispatching You an email that confirms that the Product has been dispatched (the “Dispatch Notice”). The Contract between Us will only be formed when We send You the Dispatch Notice.
You may cancel a Contract and obtain a refund any time within 14 days after receipt of Products by notifying Us in writing and returning the Products to Us (See “Returning Products” below.).
There are easy and flexible ways for You to pay for Your Order. We accept:
Simply complete the details when prompted to do so in the checkout section of this Website.
You confirm that the card or PayPal account being used is yours.
You agree to indemnify Us fully from and against all claims, liability, damages, losses, costs and expenses (including legal fees) arising out of any breach of these Conditions by You or any other liability arising out of your use of this Website or out of the use of this Website by any person using your account number and/or password.
We warrant to You that any Product purchased from Us through the Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Our liability for losses You suffer as a result of Us breaching this Contract is strictly limited to the purchase price of the Product You purchased.
To the fullest extent possible and except for the warranty set out above, We disclaim any and all warranties of any kind (whether expressed or implied) in relation to the Products.
We will not be liable to You in contract, tort, or otherwise for any loss of profits, loss of business, loss of anticipated savings, loss of opportunity, loss of data or any other indirect or economic losses whatsoever suffered or incurred by You arising out of the subject of these Conditions.
Nothing herein shall affect your statutory rights.
Nothing in these Conditions shall limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, under section 2(3) of the Consumer Protection Act 1987, for fraud or fraudulent misrepresentation or for any matter for which it would be illegal for Us to exclude, or attempt to exclude Our liability.
We may assign or transfer any of our rights or obligations under a Contract.
You may not assign or transfer any of Your rights or obligations under this Contract.
If We fail, at any time of the Contract, to insist upon strict performance of any of Your obligations under the Contract, or if We fail to exercise any of the rights or remedies to which We are entitled under this Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
A waiver by Us of any default shall not constitute a waiver of any subsequent default.
No waiver by Us of any of the terms and conditions of the Contract shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.
If any part of these Conditions is held to be invalid or unenforceable in whole or in part the invalid or unenforceable wording shall be deemed to be omitted, and the rest of the Conditions shall continue to be valid to the fullest extent permitted by law.
Each Contract shall be governed by these Conditions which contain the entire agreement between You and Us in respect of its subject matter and supersedes any previous agreements relating to such matter.
These Conditions shall be governed by and construed in accordance with English law and You hereby submit to the exclusive jurisdiction of the English courts.
The Contracts (Rights of Third Parties) Act 1999 shall not apply.
We will treat all your Personal Information (which includes any User Information from which we can identify You) as confidential (although We reserve the right to disclose this Personal Information in the circumstances set out below). We will keep it on a secure server and We will fully comply with all applicable UK Data Protection and consumer legislation.
We confirm that your Personal Information is held in accordance with the registration We have with the Information Commissioner's Office We only use your personal Information for the following purposes:
1. a) Processing your Orders;
2. b) For statistical purposes to improve this Website and its services to You;
3. c) To administer this Website;
4. d) Other use by Us to which You agree when asked on this Website.
When You register on this Website You are given the option to receive news and updates from Us by email and post which We feel may be of interest to You.
If You indicate your agreement to being contacted by Us by these means You may subsequently unsubscribe from our contact list at any time by contacting Us or following the “unsubscribe” directions given in any email received. You can also amend your account profile at any time by signing-in and going to “your account”.
Your Personal Information may be disclosed to other businesses who provide technical services for our Websites. We require all such third parties to treat your Personal Information as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation.
You should be aware that if We are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and/or User Information We are entitled to do so.
Cookies are small pieces of information that are stored by your browser on your computer’s hard drive. Our cookies do not contain any personally identifying information, but they do enable Us to provide features such as personalisation and to store items in your Shopping Basket between visits. Most Web browsers automatically accept cookies, but You can usually change your browser to prevent that. Even without a cookie, You can still use most of the features on the Website, including placing Products in your shopping Basket and purchasing them.
It is important to Us that You are delighted with all our Products. If there is any reason why You are not completely satisfied with any Product You order from Us, You can simply return it to Us within 14 days from receipt and you can supply the despatch note as your proof of purchase. If after purchase, any Product fails to give reasonable wear - due to either defective workmanship or materials We will credit the purchase price to your account This guarantee is in addition to and does not affect your statutory rights.
Our carriers are unable to deliver to the following locations: Airports, Hospitals and Prisons. We will also at our discretion exclude delivery to any addresses which are considered to be insecure.
Scarlet fevver cannot be held liable for any parcels that are lost or stolen as a result of any specific delivery instructions left for the carrier.
For reasons of health and hygiene, grooming products, products for piercings and intimate wear (including underwear, swimwear and loungewear) are non returnable. This does not affect your statutory rights.
All Orders are subject to stock availability. We will inform you as soon as possible if any products in your Order are not available and will cancel these items from your Order. it will take 7-10 days to process a refund.
You may cancel your Order and obtain a refund any time within 14 days after receipt of Products by notifying Us in writing and returning the Products to Us.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content appearing on this Website shall remain at all times vested in Us or our licensors. Scarlet Fevver is a registered trademark owned by Us.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under this Contract that is caused by events outside Our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes, in particular (without limitation) the following:-
Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance during that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the Contract may be performed despite the Force Majeure Event.