TERMS AND CONDITIONS

1.Definitions
1. 1.1.‘We’, ‘our’, ‘us’, ‘the company’ means Magnetic Island UK Ltd registered at 13 Rugby Street, WC1N 1QT.
2. 1.2.‘You’, ‘your’ refers to ‘the customer’
3. 1.3.’Goods’, ‘items’ refer to items of jewellery ordered through the website
4. 1.4.‘The Terms’ means the Terms and Conditions set out below
5. 1.5.‘The Website’ means www.frenchsdairy.com, owned and managed by Magnetic Island UK Ltd
6. 1.6.These are the Terms and Conditions of use for www.frenchsdairy.com. All dealings through the Website are subject to these Terms. The use of the Website constitutes your acceptance of these Terms as a legally binding agreement. If you do not agree with these Terms you must not use the Website.
7. 1.7.We may unilaterally revise these Terms from time to time at our complete discretion. The revised Terms will then be published on the Website. From the time of publication we and you shall be bound by these Terms as revised. These Terms should therefore be regularly checked.
2.The Contract between you and us
1. 2.1.Payment in full for the price of the goods ordered (including all transactional costs including but not limited to postage and packing costs (where applicable) must be received in full before your order can be accepted.
2. 2.2.Once payment has been received by us we will confirm that your order has been received by sending an e-mail to you at the e-mail address contained in your account details or such alternative address as you may have provided in your order form.
3. 2.3.Our acceptance of your order takes place when the goods are dispatched to you unless we notify you that we do not accept your order, or you have cancelled your order in accordance with clause 3.
4. 2.4.Our acceptance of your order constitutes a binding agreement between us. Only adults (persons aged 18 and over) are entitled to transact through the website. Any other individuals who are unable to perform legally binding contracts are prohibited from ordering goods using this site.
3.Pricing, Delivery and Discount Codes:
1. 3.1.The price payable for goods are set out on our website.
2. 3.2.All of our prices are in Pound Sterling (GBP) – prices displayed in any other currency is for comparison only. You will be billed in Pound Sterling (GBP). Orders placed from outside the UK, maybe subject to fluctuations in the exchange rate and credit card charges.
3. 3.3.You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.
4. 3.4.We may at our discretion offer promotional discount codes (either directly or via third parties) which may apply in respect of certain specified, purchases made though our Website. Such codes may only be applied to purchases of full-price items and cannot be used in conjunction with any other offer or discounts.
4.Returns policy
1. 4.1.Subject to 4.3 below, you have the right to return the goods ordered from us at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
2. 4.2.The right to return good in accordance with 4.1 can only be exercised by notifying us by e-mail at returns@frenchsdairy.com or telephone us on +44 020 7404 7070 and receiving from us a ‘Returns Authorisation number’
3. 4.3.Your right to return good in accordance with 4.1 is subject to the following:
  1. 4.3.1.You not having worn or damaged the goods.
  2. 4.3.2.You not having removed any security tags (if present) from the item.
4. 4.4.The right to return goods in accordance with 4 does not apply to bespoke Special Order item(s), which due to their unique nature, cannot be exchanged or returned under any circumstances.
5.The Procedure for Returning Items from Within the UK
1. 5.1.Call +44 020 7404 7070 or email returns@frenchsdairy.com within 7 working days of receipt of the goods and ask for a ‘Returns Authorisation number’.
2. 5.2.Your ‘Returns Authorisation number’ should be written on the outside of the package being returned.
3. 5.3.If you are returning your item from the UK, you may use the prepaid Royal Mail Special Delivery label and return to us by Special Delivery. The item(s) must be packed securely in the packaging in which you received it. We accept no liability to refund your item if the goods are damaged when received by us.
4. 5.4.We will refund the amount due to your credit card. There is no charge for returning items from the UK. Delivery Charges will not be refunded.
6.The Procedure for Returning Items from Outside the UK
1. 6.1.Call +44 020 7404 7070 or email returns@frenchsdairy.com within 7 working days of receipt of the goods and ask for a ‘Returns Authorisation number’.
2. 6.2.You will be issued with a FedEx telephone and account number so you can arrange a FedEx collection for your item. Please ensure that you write clearly on the FedEx paperwork that the item is being returned. The item(s) must be packed securely in the packaging in which you received it. We accept no liability to refund your item if the goods are damaged when received by us.
3. 6.3.We will refund the amount due to your credit card within 30 days of your order. There is no charge for returning items from the UK. Delivery Charges will not be refunded.
4. 6.4.If you do not return the goods delivered to you, in the way detailed above, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.
7.Our Right to Refuse Orders
1. 7.1.We reserve the right to refuse an order if:
  1. 7.1.1.We have insufficient stock to deliver the items you have ordered; or
  2. 7.1.2.We do not deliver to your area; or
  3. 7.1.3.One or more of the items you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers;
2. 7.2.If we do refuse your order we will notify you by e-mail or by telephone, and will re-credit your account with any sums deducted from your credit card within 30 days of your order.
3. 7.3.We accept no liability for any loss caused by disappointment or emotional distress.
8.Delivery of Goods
1. 8.1.We will deliver the items ordered by you to the address you provide to us for delivery at the time you make your order. It is your responsibility to ensure that the delivery address you give us is correct and accurate and that there is somebody to sign for and take delivery of the goods from the delivery service used.
9.Delivery Charges
1. 9.1.All orders within the UK are delivered using Royal Mail Special Delivery. For orders over £500 delivery is free of charge within the UK. For the delivery of orders within the UK under £500, we charge a flat fee of £7.95
2. 9.2.On all items with for delivery within the UK, delivery will arrive within 1-3 working days.
3. 9.3.For delivery overseas we charge a flat fee of £15 and the delivery will arrive within 1-7 working days.
4. 9.4.For urgent orders within London postcodes, you may opt to use our London Same Day courier service for which we charge a flat fee of £15.
5. 9.5.We accept no liability for additional delivery charges if your order is returned to us because the courier or postal service could not complete the delivery to you for whatever reason.
10.Risk & Title to Goods
1. 10.1.Title in the goods ordered passes when the items have been dispatched. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
2. 10.2.We make no warranty that material on our website are appropriate or accessible in locations outside the United Kingdom.If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and risk and are responsible for compliance with local laws.
11.Liability
1. 11.1.If the goods delivered do not correspond with the items you have ordered or are damaged or defective or the delivery is of an incorrect quantity, we accept no liability unless returns are made in accordance with paragraphs 4 – 6 above.
2. 11.2.If you do not receive your items within 7 working days of the date of order we accept no liability unless you notify us by e-mail or telephone at our contact address within 14 days of the date on which you ordered the goods.
3. 11.3.If you notify us of a problem under 11.2, our obligation will be limited at your option either:
  1. 11.3.1.To make good any shortage or non-delivery; or
  2. 11.3.2.To replace any goods that are damaged or defective; or
  3. 11.3.3.To refund to you the amount paid for the goods in question by whatever means we elect.
4. 11.4.Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify us of under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 11.3 above.
5. 11.5.You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
6. 11.6.Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
7. 11.7.We accept no liability for any delays once the goods have left us and are in possession of the courier or Royal Mail.
12.Notices
1. 12.1.Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing and sent by e-mail to our contact address at maggie@frenchsdairy.com and all notices from us to you will be displayed on our website from time to time.
13.Invalidity
1. 13.1.If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
14.Privacy
1. 14.1.You acknowledge and agree to be bound by the Terms of our privacy policy.
15.Third Party
1. 15.1.Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
2. 15.2.We may include hyperlinks on this Site to other websites or resources operated by parties other than French’s Dairy, including advertisers.
3. 15.3.We do not review all of the sites linked to this Website and do not accept liability for the content or accuracy of any third party website pages nor do we accept responsibility for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
16.Governing Law
1. 16.1.Each and every transaction carried out is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English Law.
2. 16.2.The Terms of these Terms and Conditions (and any dispute, controversy, proceedings or claims of whatever nature in relation to them) shall be governed and interpreted in accordance with English Law and the English Courts shall have exclusive jurisdiction in relation thereto.
17.Entire Agreement
1. 17.1.These Terms and Conditions, together with our website prices, delivery details, contact details and privacy policy, constitute the whole of our agreement relating to the supply of goods to you by us.
2. 17.2.Nothing said by any sales person on our behalf should be understood as a variation or supplementation of these Terms and Conditions or as an authorised representation about the nature or quality of any goods offered for sale by us.
3. 17.3.Save for fraud or fraudulent misrepresentation, we accept no liability for any such representation being untrue or misleading.
4. 17.4.We make no representations or warranties as to the accuracy completeness or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors.
18.Trade Marks
1. 18.1.All trademarks, product names and company names or logos sited herein are the property of their respective owners. You are granted no right to license with respect to any trademarks, brand names, photographs, product names or titles or copyrights and such use may constitute an infringement of the owners’ rights.
19.Force Majeure
1. 19.1.We will not be in breach of this Agreement or otherwise liable for any delay in performance if to the extent that any delay or failure is due to circumstances beyond its reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
20.Our rights
1. 20.1.We reserve the right to modify these Terms and Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

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TERMS AND CONDITIONS