FADS Terms and Conditions
“FADS” means FADS.CO.UK (the trading name for EDPA Ltd, a company registered in England and Wales under company number 05685938) which operates the company’s website www.fads.co.uk (our website).
Customer means the person or company to whom this document is addressed.
International Customer shall mean, a customer from outside the United Kingdom.
Our registered office and trading premises address is Unit 24B, King Street Industrial Estate, King Street, Langtoft, Peterborough, PE6 9NF, United Kingdom. Tel: 01788 562804. VAT No: 887263772. Company Reg: 05685938.
These terms and conditions (terms) apply to any supply of products (products) made by the seller, hereafter referred to as FADS.CO.UK, to you, the buyer, hereafter referred to as the customer (contract). Please read these terms carefully and make sure that you understand them, before ordering any products from our website. Please note that by ordering any of our products, you agree to be bound by these terms and the other documents expressly referred to in it.
- Price and Payment:
1.1 All prices are quoted in Great British pounds sterling and are inclusive of VAT (if applicable as may be prescribed by law from time to time, unless otherwise specified.
1.2 The prices of the products will be as quoted on our website. FADS.CO.UK take all reasonable care to ensure that the prices of products are correct at the time when the relevant information was entered onto our system. All prices quoted are for domestic use only and are delivered flat pack unless otherwise stated. However, if we discover an error in the price of product(s) you ordered, please see clause 1.4 for what happens in this event.
1.3 Prices for our products may change from time to time, but changes will not affect any products which have been confirmed or dispatched.
1.4 Our website contains a large number of products. It is always possible that, despite our reasonable efforts, some of the products on our website may be incorrectly priced. If we discover an error in the price of the products you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. We will not continue to process your order until we have further instruction from you. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you of this in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.
1.5 Payment is taken when the order has been placed.
1.6 Dispatch takes place when the products are collected by the relevant 3rd party courier from the premises at which they are held in stock.
1.8 From time to time, FADS.CO.UK may request credit card information due to the lead time of the order. Note, duplicate payment will not occur.
1.9 Payments must be made in Great British Pounds Sterling only, unless otherwise specified, and by one of the following payment methods (except International Customers see clause 14):
1.9.1 Major credit cards are listed: Visa, MasterCard, Delta, Maestro, Switch, Solo and Visa Electron. Customers can also pay for their goods via our Pay on Finance option.
1.10 From time to time FADS.CO.UK may request evidence of a driving licence, utility bill, bank statement or proof of age card to confirm they are the registered person of their invoice or delivery address.
- How the Contract is Formed:
2.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
2.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 2.3.
2.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched.
2.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our website as referred to in clause 1.4, we will inform you of this by e-mail and we will not continue to process your order for that Product. If you have already paid for that Product, we will refund you the full amount as soon as possible.
3.1 Deliveries are normally free of charge to Mainland England and Wales. Additional delivery charges will occur for Scotland, Scottish Highlands, Northern Ireland and offshore locations (clause 3.3). FADS.CO.UK cannot deliver outside mainland UK unless a request is made to our customer services department and the delivery is agreed. Deliveries outside of Mainland UK will incur additional charges. Due to the volume of orders between Christmas and New Year, your order will be shipped from our Warehouse on 4th January 2016. Our operation and transport teams have taken all necessary measures to reduce any delays incurred.
3.2 Deliveries to 3rd party addresses must be passed to FADS.CO.UK at point of order. Failures to provide such details will result in a failed delivery and clause 3.11 will be actioned.
3.3 Deliveries to the Scotland, Scottish Highlands and remote mainland UK (being post codes with the following prefixes:TD – DG – EH – ML – KA – G – KW – IV – AB – PH – DD – PA – NR – SA – CT – TR – PL – TQ – EX – DT – LD) will take additional time and incur an additional delivery charge. Delivery charges may apply depending on weight and the type of product being delivered. Please contact our Customer Service Department for more information.
3.4 FADS.CO.UK source products from different suppliers. If the customer is purchasing items from one or more suppliers then we can offer to group the items for delivery on the same day. It is likely that this will incur an additional charge which will be calculated based on the items concerned. Alternatively if more than one delivery partner is carrying out the deliveries we can request that they deliver on the same day however we will not be able to co-ordinate delivery times and both day and time may be subject to change due to unforeseen circumstances such as weather or traffic conditions. Every reasonable attempt will be made to accommodate delivery requirements. Any date or period for delivery shall be considered as indicative only and delivery may occur from 2 separate couriers; all delivery lead times are stated within the product listing.
3.5 Depending on the product(s) ordered, FADS.CO.UK will use a 1 or 2 person delivery team as necessary.
3.6 It is the responsibility of the Customer to ensure there is room for a 2 person team to unload and deliver the products. Depending on the location and type of delivery address access to lifts and ramps may be required. If Products are assembled or flat packed it is the responsibility of the customer to ensure products can be delivered as per the delivery method used which is stated in the product listing. For what happens if you fail to adhere to this, please follow our returns clause 8 stated below.
3.7 FADS.CO.UK will deliver the customer’s products via a 3rd party courier employed on behalf of FADS.CO.UK or its supplier.
3.8 If the Customer is purchasing installation services from FADS or a 3rd party, installation may not occur at the same time as delivery; you should check the terms of installation for details. It is the responsibility of the Customer to ensure all Products, parts and instructions are available for assembly. The customer must inspect the product prior to assembly. Subject to clause 10, FADS.CO.UK is not liable for installation costs for missing parts, or instructions, or for late or non-delivery.
3.9 Any delivery dates which are missed or aborted due to the customer not being at the address at the agreed date and time or due to unsuitable access to the property a £65 + VAT failed delivery charge will be levied. This will need to be settled by the customer prior to a re-delivery being booked. Additional charges may apply depending on the customer’s delivery address, type of product and delivery service.
3.10 Someone must be present and available to sign for the products at the selected delivery address at which point delivery is completed. If the products are delivered to a neighbour or address other than the customer’s address, delivery will be completed at the point the products are signed for at the alternative address. We advise all our customers to inspect the products prior to signing for the products.
3.11 If the Products are faulty upon delivery, the customer must inform the driver and reject the products and contact our Customer Service team whilst the driver is present. The driver will then remove the products and the customer must not sign for the products. Subject to clause 9, FADS.CO.UK cannot accept any claim for damage where the product is not unwrapped and inspected at the time of delivery. If the customer is not happy with the products, please follow our acceptance & returns procedure.
3.12 Once the customer has signed for the products they have now accepted the products and are now solely responsible for the products. Subject to clause 10, FADS.CO.UK shall not be held responsible for consequential loss, costs, damages, charges or expenses caused directly or indirectly in the delivery and acceptance of the products.
3.13 Subject to clause 9, in the unlikely event that you need to return the item, FADS.CO.UK can only accept products in their original packaging and condition. Semi, unpacked or assembled furniture (including mattresses) cannot be returned. Note all returns are at the cost of the customer. Cost may vary depending on collection address, delivery service, type of products and the number of products. Please follow our returns procedure for returning products.
3.14 Once your goods are with the courier, FADS are liable for the cost of delivery and shipments. Therefore, if you wish to cancel your order once the goods are with the courier you will be refunded minus the delivery charges. This is typically a £60 charge, however, this may vary depending on product variations.
3.15 All goods will be delivered flat packed unless stated in the product description or delivery information.
4.1 FADS.CO.UK will deliver the customer’s products via a 3rd party courier employed on behalf of FADS.CO.UK
- Passing of Property:
5.1 FADS.CO.UK shall retain the property of the products until full payment, including any and all applicable delivery costs, has been made by the Customer and has been received by FADS.CO.UK.
- Passing of Risk:
6.1 The risk in the Products shall pass to the Customer on delivery.
6.2 Where products have been received damaged, please follow clauses 3.11, 3.12, 3.13, 8.4 and 8.5.
6.3 Depending on the products or issue, it may take a minimum of 7 working days for FADS.CO.UK to resolve an issue or arrange a refund or exchange. Please follow clause 3.14, 3.16, 8.4 and 8.5.
6.4 In the event of either of the above, FADS.CO.UK will forward a claim to our 3rd party courier and supplier. Before this can be processed, FADS.CO.UK will issue the customer with a ‘Product Issue Form’ which must be completed along with images of the affected areas and returned before any claim can be pursued.
- Acceptance of Products:
7.1 Any item that appear(s) in any photograph, representation, or illustration on our website or in our brochures other than the product that is described in the title description of the product, will not form a part of or be included in the contract. It is meant for illustration purposes only, and may not be included as a part of the products. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the products. Your products may vary slightly from those images and, subject to clause 10, FADS.CO.UK bears no liability for difference of colour.
7.2 Any advertisements or specifications issued by FADS.CO.UK and any descriptions or illustrations provided on our website or brochures will not be included in the contract. It is provided for guidance or illustration purposes only, and may not accurately reflect the products. The products are subject to change without notice.
7.3 Any typographical, clerical, or other error present on our website, in the confirmation on our invoice sent to you, in our price list, or in any brochures or documentation issued by us shall be subject to correction without any liability on the part of the company, subject always to clause 10. If we discover an error in the price of product(s) you ordered, please see clause 1.4 for what happens in this event.
7.4 The Customer shall inspect the products upon delivery, as stated in clause 3.
7.5 Subject to clause 10, FADS.CO.UK shall not be responsible for consequential loss, costs, damages, charges or expenses caused directly or indirectly in the delivery and acceptance of the products.
7.6 The customer shall be deemed to have accepted the products unless within 14 working days after delivery the customer notifies FADS.CO.UK that the products are rejected in accordance with our returns procedure in clause 8 or our cancellation procedure in clause 9. If no such action has been taken, FADS.CO.UK shall consider the products being as described, of satisfactory quality and fit for their purposes, and may not accept any rejection at a later date.
7.7 If, having notified FADS.CO.UK in accordance with clause 7.6, the customer does not follow our returns procedure in clause 8 or our cancellation procedure in clause 9 (as applicable) within 14 working days after delivery of such notification, FADS.CO.UK shall consider the customer to have accepted the Products and the Products being as described, of satisfactory quality and fit for their purposes, and may not accept any reject at a later date.
- Returns Procedure:
8.1 If the Products are to be rejected and returned in accordance with the time limit set in clause 7 above for any reason other than cancellation in accordance with clause 9 below, the Customer shall comply with the return procedure detailed in this clause 8.
8.2 FADS.CO.UK will not accept any returned Products should the return not follow the return procedure.
8.3 The Customer is required to email FADS.CO.UK returns department at [email protected] to notify their intention to return any Products, following which collection will be arranged. Alternatively, the customer can log in to their FADS account and Raise a Query against their order. Please note depending on the products or issue; it may take a minimum of 7 working days for FADS.CO.UK to resolve an issue or exchange.
8.4 The customer will have to complete a
Product Issue Form or complete the details by raising a query from their FADS account.
8.5 FADS.CO.UK may request photographic evidence or other forms of evidence of any damage. The Customer must comply with FADS.CO.UK in order to process their intention to return their Products. Any delay in providing information to FADS.CO.UK returns department will delay a Customer issue.
8.6 In cases where the rejection of an individual Product is due to that individual Product being faulty (because it is not fit for its purpose or is defective so as to be unsafe), the Customer is entitled to a refund or replacement once the fault has been verified by FADS.CO.UK on inspection acting reasonably. The individual faulty, damaged or mis-described Product must be returned to FADS.CO.UK premises, 3rd party courier or supplier before the refund or replacement can be issued. The Customer must follow clause 8.3 and 8.4 above in order to comply with the returns procedure.
8.7 If the products were delivered to you:
8.7.1 You must arrange for us to collect the Products as soon as reasonably practicable. We will collect the products from the address to which they were delivered. We will contact you to arrange a suitable time for collection.
8.7.2 Unless the products are faulty or not as described (in this case we will be responsible for the costs), you will be responsible for the cost of us collecting the Products from you which will be a minimum of £50 but may vary depending on the individual Product, delivery service used and collection address.
8.7.3 You have a legal obligation to keep the products in your possession and to take reasonable care of the products while they are in your possession.
8.8 As a consumer, you will always have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or clause 9 or these terms. Advice about your legal rights is available from your local citizens’ advice bureau or Trading Standards office.
8.9 Note semi, unpacked or assembled items cannot be returned except in accordance with clause 9 below. Returned item(s) must be in its original packaging and condition and in a saleable condition, otherwise this may jeopardise a partial for full refund.
- Changed your Mind & Cancellations:
9.1 Clause 9 applies where you have changed your mind prior to your goods being dispatched from FADS warehouse or a 3rd party and wish to cancel the Contract for any reason other than for the products being faulty or not as described (in which case the provisions of clause 8 apply). You can cancel the Contract under this clause 9 at any time up to the date falling 14 working days of delivery of the Products to you. However, the right to cancel does not apply in the case of any made-to-measure or custom-made Products or Products made to your specification or clearly personalised.
9.2 To cancel a Contract or in cases where the rejection is due to an incorrect order from the Customer, dissatisfaction from the Customer or where the Customer has changed their mind once the goods have been dispatched, is entitled to a partial refund (full refund less cost of collection and return, where the collection rate will be charged at a minimum of £50, although this cost may vary depending on the individual Product, delivery service used and collection address) only. Products must be returned to FADS.CO.UK premises, 3rd parties or supplier before the partial refund can be issued. FADS.CO.UK do not supply commercial products & are deemed not to be used for commercial use. Due to their intimate nature, all mattresses will be delivered sealed in a plastic wrapping. Any mattresses that have been unsealed will be deemed as having been used and therefore cannot be returned other than they are not as described or not of satisfactory quality.
9.3 If you wish to cancel the Contract under clause 9 please contact us in writing to tell us by sending an e-mail to us. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from when we confirm receipt of the cancellation notice. Please note depending on the Products or issue; it may take a minimum of 7 working days for FADS.CO.UK to resolve an issue or exchange. Please refer to clause 9 for further information of returning your goods.
9.4 Following cancelled orders in accordance with clause 9, we will refund to you any amounts already paid by you less collection charges as stated in clause 9.2, on the credit card or debit card used by you to pay. A refund will be made within 14 days of receipt of the cancelled Products goods (either by FADS.co.uk at our premises or at the premises of our 3rd party supplier).
9.5 FADS.CO.UK reserves the right to cancel an order without taking any payment from the Customer if:
9.5.1 We do not have stock to fulfil the order
9.5.2 If we are unable to deliver the product to your area
9.5.3 If your payment was not authorised
9.5.4 If an item was incorrectly priced or described on our website
- Our Liability to the Customer:
10.1 FADS.CO.UK are not responsible for anything beyond the value of the order placed by the Customer.
10.2 FADS.CO.UK supplies Products intended for domestic and private use. The Customer can use products in commerial or public environments, however, the Customer Warranty will not apply in such circumstances.
- Events Outside Our Control:
11.1 FADS.CO.UK will not be liable or responsible for any failure to perform, or delay in performance or, any of our obligations under a Contract that is caused by an Event that is outside of our control. An Event that is outside of our controls is defined below in clause 11.2.
11.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.1 Any information passed through to FADS.CO.UK is managed in accordance with the Data Protection Act 1998 (registration number PZ2133226) and is passed through a secure connection on the internet using Secure Socket Layer technology at 128bit encryption (where browsers will allow). If a customer wishes for their information to be removed from our database, this should be requested in writing.
12.2 Please note, credit card details are not retained online. The only information stored is a customer’s transaction history, name, address & e-mail address. These may be used for marketing purposes by FADS.CO.UK or any associated companies. Customers will not be sent ‘spam’ e-mail. Should any customer not want their details used for marketing purposes, please email a request to be removed.
- License Agreement:
13.1 All trademarks shown on WWW.FADS.CO.UK belong to their registered owners and must not be copied without prior permission. FADS.CO.UK cannot be held responsible or liable for any misuses conducted by the customer or any third party. Nothing in these terms grants the customer any rights in respect of any intellectual property owned by FADS.CO.UK or any third party.
- International Customers:
14.1 Customers from outside the UK can only pay by international credit card and must pay in Great British Pounds Sterling unless otherwise specified. FADS.CO.UK can only deliver to an address in mainland UK. All other terms and conditions apply.
15.1 These terms and conditions are governed by and shall be interpreted in accordance with English law. This means a contract for the purchase of products made through our website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Scotland, you may also bring proceedings in Scotland.
15.2 Any person attempting to make fraudulent credit card transactions will be prosecuted with no exception.
- Payment of Finance:
16.1 Customers are able to pay via finance through our checkout along with choosing the period and deposit value they wish to finance. FADS.co.uk has teamed up with Rematch Credit Ltd to provide finance to customers. If your application is successful, you will enter into a credit agreement with the lender.
16.2 The finance offered is available on 3, 6, 9 and 12 months Interest Free Credit.
All Finance is subject to the value of your basket and status.
16.3 Finance is available on all products over £100 or more placed on our website which includes additional services. Customers must meet the minimum net finance value of £100 after discounts and deposits. You will need to be:
- Aged 18 years or older
- A UK resident for 1 year or more/ Permanent UK resident
- Have a debit card or credit card in your name and registered to your address.
- Have a bank or building society current account
Other conditions may apply and we cannot guarantee that your application will be accepted. Your order will not be processed until the Lender has approved and agreed your application. We reserve the right to withdraw finance on any order or products at any time.
16.4 Finance is an online service only. Normal terms and conditions apply except for part refunds whilst further finance terms can be found here along with finance FAQs.
16.5 Should the customer encounter an issue with their order, FADS.co.uk cannot provide a part refund and therefore FADS may provide another form of settlement. It will be up to the customer to continue to pay full monthly repayments for the course of the credit agreement.
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- Pay in 3
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- Other Important Terms:
18.1 If you need to contact us you can do so in writing by sending an email to [email protected]. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
18.2 Each of the paragraphs of these terms 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.
Terms and Conditions were live from 4th July 2013 and updated on 31st August 2016.