Terms

Hello and welcome to the Vernon François platform. We make this platform available through our website as well as other channels, such as mobile. For details about us, please see the Contact section below.

When you use this platform or buy products from us, you are agreeing to the terms below. For that reason, please read them to understand your rights as well as your responsibilities.

Before you place an order, if you have any questions, please contact us by e-mailing info@vernonfrancois.com.

Do I need to create an account?

Only if you want to leave a review. Its also easier to buy from us, if you create an account, but you don’t have to.


What are my responsibilities if I create an account?

You must provide accurate, true and complete information. If you change any of your details after you’ve opened your account, let us know by contacting us at info@vernonfrancois.com. 

You must also keep your password confidential. You will be held responsible for any activity on your account, so if you have concerns about use of your password, tell us straight away by contacting us at info@vernonfrancois.com.

Reviews

Please see our Reviews Policy for more details about reviews.

In particular, there are a few things to be aware of, including:

•    you must not post any content that is illegal, obscene, offensive, threatening, defamatory or otherwise infringes the rights of any other person and

•    when you submit a review, you give us and others we authorise, the irrevocable, free, right to use, modify and display your review in whole or in part, publicly, worldwide, on any media and in any format, including on our platform, on any third party platform and in our marketing materials.


Privacy Policy
 
Please read our Privacy Policy to see how we handle the personal information that you give to us. 


Your promise to us

You promise to reimburse us for any losses we, our agents or suppliers incur (including reasonable legal fees) that arise out of any breach of these Terms by you or any other loss we may incur that arises out of your use of the platform, or the use by any other person accessing the platform using your personal information or through your account. 


Our rights

We may change these Terms by posted revised Terms on our platform and/or by sending an e-mail to the last e-mail address you gave us. Any such change will become effective 3 days after it has been posted or the e-mail sent. You should check regularly to see if there are any changes. You will be considered to have accepted any change, if you continue to use the platform, after the change has been made. 

We may also change the functionality or features of our platform, as well as any products we make available through it. We won’t responsible to you if we make any such changes.

Links

We might include links on the platform to third party sites which we think may be of interest to you.  We are not responsible for the content on those sites or their availability.

If you use a linked site, any personal information you give them will be dealt with in line with their privacy policy, not ours, so please read their privacy policy before you provide any personal information to them.

You may link to this platform, provided:
•    you link to our homepage only
•    our platform is not loaded into frames on your site and
•    your site or service does not misrepresent its relationship with us or present false information about us.

We reserve the right to withdraw this linking permission at any time.

Are you eligible to buy from us?

To be eligible to buy products from us you must: 
•    be over 18
•    create an account with us and
•    possess a valid credit or debit card issued by a bank acceptable to us. 

We only supply our products and services for domestic and private use.  You agree not to use any of the product or services we sell for any commercial or business purposes, including for re-sale.


Products/services

We describe each of our products and services in our shop and each product or service is sold subject to that description and its availability. 
The colour of the products and their packaging may vary slightly from the images of the products.   


When is a contract made? 

The following steps have to take place before a contract is made between us for any product and/or service that you wish to buy:

•    after following a set of simple instructions on the platform, you place your order for your product by pressing the ‘Buy Now’ button at the end of the check-out process

•    you’ll see an on-screen acknowledgement of your order. We’ll also send you an e-mail confirming what you’ve ordered and how much it costs.  This is just an acknowledgement of your offer to buy the product. At this stage, we have not actually accepted your order

•    we accept your order, and therefore the contract is made, when we send the product from our warehouse unless we have notified you that we do not accept your order (see Refusal of order section) or you have cancelled it (see the Cancellation section).


Loss of cancellation rights

You agree that we can provide a service that you have requested (e.g. gift wrapping) as soon as we have accepted your order. This means that we can start providing the service during any period during which you may have the right to cancel. See Cancellation, Returns and Refunds below. You will still retain any right you have to cancel within this period, but you will need to pay for any services performed by us up to that point.

Refusal of order

If we are unable to supply you with a product or service, for example because that product is not in stock or no longer available or because of an error in the price on our platform we will inform you by email and we will not process your order.  If you have already paid for the product or service, we will refund you the full amount as soon as possible, by the same method you used to pay us.

Prices 

You can find the price of the product or service on the platform. 
Although we may change our prices from time to time, any change will not affect any order which we have confirmed to you has been accepted.

The price for a product or service:

•    includes any applicable VAT or sales tax, but
•    does not include delivery costs. The amount charged for delivery depends on where you live and what form of delivery you choose. Your delivery costs will be displayed at the checkout and
•    does not include any import duties and taxes that the country you live in may apply. Please contact your local customs office for further information on these before you place your order.

Our platform contains a number of products and services.  It is always possible that, despite our best efforts, some of these may be incorrectly priced.  If that is the case, then:
 
•    where the correct price is less than the price stated on the platform at the time you placed your order, we will charge the lower amount when dispatching the products or providing the services to you; and

•    where the correct price is higher than the price stated on the platform at the time you placed your order, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to buy at the correct (higher) price or cancelling your order.  We will not process your order until we have your instructions.  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 let you know.  

How to pay

We currently accept various forms of payment including PayPal, credit/debit card and Apple Pay. Please see the payment page in the checkout process for details of the cards and methods that we currently accept.  When you place an order, you confirm that the form of payment that you use to make payment is yours and that you have authority to place the order.

Payment for the products and all applicable delivery charges is taken once your method of payment has been authorised.

We charge for delivery. How much depends on where you live. Your delivery costs will be displayed at the checkout.


When will you deliver?

Your order will be fulfilled by the estimated delivery date set out in your order confirmation, unless events beyond our reasonable control prevent it. In that case, we will contact you with a revised delivery date.


How do you deliver?

Your order may be delivered in instalments, if certain items are out of stock.

We will deliver to the address you give us. All goods must be signed for by an adult aged 18 years or over on delivery. 

If no one is available at your address to take delivery we will leave you a note that the product has been returned to our premises. Please contact the number on that note to re-schedule delivery. 
    
When do I become responsible for the product?

When it is delivered to you.

When do I own the product?

Once we receive payment in full for it, including the delivery charges.

Non-faulty products/services

Do I have the right to cancel?

As a consumer you may have the legal right to cancel an online contract within a certain period of time of placing your order. Advice about your legal right to cancel is available from your local Citizens' Advice Bureau or similar organisation in your country. 

For example, if you are a consumer in the UK, France, Germany or Italy, you have a legal right during the period set out below to cancel your contract with us for the purchase of products and/or services, without giving any reason.  If you want to cancel, you must tell us by emailing info@vernonfrancois.com or by completing and returning the Cancellation Form to us. 

This cancellation right does not however apply to products that have been sealed for health or hygiene reasons which you have opened or unsealed.

If you have already received your product, please see ‘Returns of non faulty products’ below for details on returns.

If your contract, includes the purchase of any services (e.g. gift wrapping) and you have agreed to us supplying the services before the cancellation period expires, then, you will need to pay for any services performed by us up to the point that you cancel.

How long does this right to cancel exist?

Your legal right to cancel as described above expires on the 14th day after the day on which the product you ordered has been delivered to you.  However, if you have ordered more than one product in a single order, your legal right to cancel will not end until the 14th day after the day on which we complete the delivery of the last of those products.

Returns of non-faulty products

If you have the right to cancel (see ‘Do I have the right to cancel’ above)  and your order has already been dispatched, you need to return the product to us within 14 days of your cancellation. You will have to bear the costs of returning the product to us.

It's important that any unwanted item is returned in a resalable condition. We'd expect this to mean that you've kept all original packaging and labels and that it's undamaged and unused. 

Please return the item to the address noted in the Returns Note, that has been included with your products. Whenever returning products by post, we recommend that you use a courier that offers shipment tracking services and that you insure the product to its full value while in transit. If you choose not to follow these recommendations, we regret that you will be responsible for any loss or damage to the product during transit.

Refunds of non-faulty products/services

Products: Within 14 days of us receiving either the product or proof that it has been returned, whichever is the sooner, or if you haven’t received any product, then within 14 days of telling us you want to cancel, we will refund the total price you have paid for the products including any standard delivery costs for delivering the products to you.  However;

•    if you chose enhanced delivery, we will only refund up to the amount of our usual standard delivery costs and
•    if you have used the products or they are not returned in their original condition, we will be entitled to deduct a sum from your refund to reflect the reduced value of the products. 

Services: If we haven’t fully performed the service at the time you cancel, then we will refund an amount to reflect the extent to which that service has not been fully performed at the date you cancelled.

We will refund you, using the same method you used to pay us.

Faulty or incorrectly delivered products

In the unlikely event that you receive a defective or incorrect product please contact us at info@vernonfrancois.com so that we can assist you.

We may offer an exchange or refund in accordance with the the legal rights you may have as a consumer, depending on where you live. Nothing in these Terms will reduce these legal rights.  For further information about your legal rights, please contact your local Citizen’s Advice Bureau or other similar organisation where you live. 

Please note that we will not accept returns and provide refunds if a fault arises from fair wear and tear, wilful or accidental damage, negligence by you or a third party, abnormal or inappropriate storage or failure to operate or use the products in accordance with the instructions. In particular, please ensure that if you are travelling by air with our products, you wrap them and ensure that all lids are securely tightened to avoid any leakage

Consumer rights

Depending on where you live, your local consumer protection laws may impose promises from us to you and may prevent restrictions applying to certain types of our liability. If so, you will still have your rights under those laws instead of the limited rights described below. For more information on your legal rights as a consumer, please consult your Citizens’ Advice Bureau or other similar organisations where you live.

What we don’t restrict our liability for

Nothing in these Terms restricts our responsibilities relating to:

•    your rights as a consumer under the laws of the country you live in
•    death or injury as a result of our negligence
•    our fraud or
•    any other liability that we cannot restrict by applicable law.

What we restrict our liability to

Subject to the paragraph above:

•    the most we will be liable to you for, in relation to any order for products and/or services that you place on our platform, will be an amount equal to the purchase price for those products and/or services (including delivery charges) and

•    if we otherwise fail to comply with these Terms, we will only be liable to you for an amount up to £100.

What we exclude liability for


Subject to the paragraph above headed ‘what we don’t restrict our liability for’,  we will under no circumstances be responsible to you in connection with any contract to buy products and/or services or otherwise for:


•    losses that were not foreseeable to both you and us when the contract was formed
•    losses that were not caused by our breach of these Terms 
•    business losses and/or losses to non-consumers
•    loss of income, profit, goodwill, anticipated savings, reputation, data or opportunity and
•    punitive losses.


This platform is provided “as is” and “as available.” We do not promise that our platform will operate error-free or uninterrupted, or contains accurate, complete and/or current information. 


Except as expressly stated in these terms, we do not give any promises in relation to the products or non-infringement of intellectual property or any other infringement of rights.  Any representation, condition or warranty which might be implied or incorporated into these Terms by law or otherwise is excluded to the fullest extent permitted by law.  In particular, we will not be responsible for ensuring that the products/services are suitable for your purposes.

Intellectual Property

All of the content on our platform is either owned by us or others who have licensed that content to us. It is protected by UK and international copyright and other intellectual property laws.

That content is made available for your personal non-commercial use only.
  
If necessary to place an order you may download the content onto one computer hard drive or print one copy of it for your non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may also share any content capable of being shared on our platform, by using the share functionality provided on our platform. Otherwise, you are not allowed to copy, change or distribute or use any of the content on this platform without our written permission.

No permission is given to use any of the trade marks appearing on this platform, including the trade marks of Vernon François.

Third Party Software

You might need to download and activate certain software in order to use certain content made available on our platform. We will identify where that is the case. 

Where that happens, you will have to explicitly accept the terms of a licence agreement with that third party. You accept that we have no responsibility or control over such third party software.

Limitations and disclaimers

Occasionally we are unable to perform our obligations because of circumstances beyond our reasonable control. That might be because of fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident or acts of terrorism or war. Where that happens, our inability or delay in performing our obligations will not be considered to be a breach of contract.

For other limitation, disclaimers and exclusions of our liability to you, please see  ‘Our Liability to You’.

Customer Complaints

If you have any complaints, please contact our us by e-mailing us at info@vernonfrancois.com and we will do our best to resolve these.

Severability

If any part of these Terms is found to be unenforceable, all other parts of these Terms will not be affected and will remain in force.

Entire agreement

These Terms govern our relationship with you and represent our entire agreement with you.

Assignment
 
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
    
Waiver

If we delay in taking any steps under our agreement with you, against you, this doesn’t prevent us taking steps against you at a later date.

No Third Party Rights

The agreement between us formed by these Terms is just between you and us. No one else can enforce it and you can only transfer it with our consent. We can transfer our rights under it to another company providing this does not adversely affect your rights under our agreement with you.  

Governing law and Jurisdiction
 
Some laws require that consumers have the right to bring or defend proceedings where they live and may require that these Terms be presented and enforceable in a language other than English. In all other cases:

•    the English language version of these Terms will take precedence and
•    these Terms and any claims related to them will be governed by the law of England and
•    any claims will be subject to the exclusive jurisdiction of the English courts.


Contact

This platform is owned and operated by Project L3 Limited, trading as Vernon François. We are a company registered in England. Our registered office address is:

    30 City Road
    London
    EC1Y 2AB
    United Kingdom

Our registered company No is 10133679

Our VAT No is 240 0981 33


Posted: [12/09/2016]