These Terms and Conditions shall apply to all contracts entered into by Frances Flakes Sarl ("Frances Flakes", "we" or "us") (company number 523 844 751) whose registered office is at 16 Rue Charlemagne 75004 Paris France. By placing your order with us you are accepting these Terms and Conditions. Where you do not accept these Terms and Conditions in full, you do not have permission to access the contents of this website and should cease using it immediately.


1. GENERAL

1.1 When we receive your order you will receive an e-mail reply acknowledging receipt. No contract shall come into existence until we have accepted your order. Your order will be accepted by us by way of a confirmatory e-mail (‘Confirmation of Order’) which will confirm that we are able to send you the goods you have ordered, the price and the estimated delivery date. Your order becomes binding as soon as we have accepted it and received your advance payment.
1.2 Your statutory rights shall remain unaffected by these Terms and Conditions, and except in accordance with these Terms and Conditions all purchases are non-exchangeable, non-refundable and non-transferable.
1.3 All prices and offers are subject to change.
1.4 We have aimed to ensure that the colours of our products appearing on our website are as near as possible to the colour of the product. However, the actual colours you see will depend on your computer equipment, and accordingly, we are unable to guarantee the precise colour of the product on delivery.
1.5 All products are subject to availability. We will inform you as soon as reasonably possible in the event that the goods you have ordered are unavailable. In the event that the goods that you have ordered are unavailable a full refund will be offered.
1.6 All prices are given in Euro and in Pounds sterling (£) excluding delivery and storage charges and any export or other duties. All payment must be made in advance. Your order will not be accepted until such time as payment is made. We accept payments by cheque or bank transfer. Please make sure all payments to us are made in cleared funds after deducting bank and currency charges (especially in relation to payments from overseas).


Please note only orders with a valid UK billing and shipping address can pay in UKP.


2. DELIVERY

2.1 We will aim to dispatch the goods ordered by you as soon as possible after your order has been accepted by us to the postal address you have given in your order. However, we cannot guarantee an exact delivery date and your goods may take longer to be dispatched if the goods you have ordered are not in stock at the time of placing your order or they are to be dispatched to an address outside of France or UK.
2.2 Postal charges payable for goods dispatched in France and UK will be notified to you in the confirmatory email. Deliveries outside of France and UK may be subject to import taxes and additional charges for which you are solely responsible. Please note that we have no control over these charges and cannot predict their amount.
2.3 Title of the goods shall pass to you at the time payment for the goods is received by us in full. Risk in any product ordered will pass to you upon dispatch of your order.


3. RETURNS POLICY (EXCEPT BESPOKE GOODS)

3.1 If you cancel before the delivery of any goods your money will be refunded and the goods will not be delivered.
3.2 If you return an item to us because it is faulty, we will include with your refund the postage that you were charged when purchasing the item, and the postage you paid when returning the item to us (this does not affect your statutory rights).
3.3 If you are returning an item because it is unsuitable, we shall only refund the cost of the returned item, and you will be fully liable for the postage paid when returning the item to us and when purchasing the item.
3.4 All items being returned in accordance with this clause must be safely and securely packaged to avoid damage in transit. We shall not accept an item for refund if it has been damaged in transit or otherwise.
3.5 We strongly recommend when returning items to us you use recorded or special delivery as we are unable to refund items which are lost in the post. All goods shall remain your responsibility until we receive them.


4. LINKS TO OTHER WEBSITE

We have placed links on this website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents and therefore we cannot accept any liability in respect of the use of these websites.


5. LIABILITY

5.1 Except for death or personal injury due to our negligence we shall not in any circumstances be liable, whether in contract or tort, to you for any direct, indirect or consequential loss or damage arising from the sale or use of our goods including without limitation loss of profits, damage to property or loss of contracts. In all cases our entire liability, howsoever arising, shall be limited to damages which shall not exceed the price paid for the goods in respect of which the claim has arisen.
5.2 We do not accept any responsibility for any amendments or changes we may make to the information contained in our website, and we reserve the right to alter these Terms and Conditions or the information contained in this website at any time. Any changes made to these Terms and Conditions shall be highlighted, and all purchases made from the date of the amendments shall be subject to the replacement Terms and Conditions. Should you continue to use the website once we have highlighted the changes, you shall be deemed to have accepted all of the amendments we have made.
5.3 You shall be responsible for reading and understanding these Terms and Conditions, and we do not accept responsibility for any loss or damage incurred by you or any third party as a result of your failure to do so.
5.4 We shall not be liable to any person for any loss or damage whatsoever which may arise from the use of any of the information contained in any of the materials on this website.


6. COPYRIGHT

6.1 All of the rights, including copyright and database rights, contained in this website are owned by us and you must not copy or dispatch any of the information contained in it. You further agree that you shall only use the website for legitimate, lawful purposes, and any other use shall only be permitted with our written consent.
6.2 In the event of us accepting instructions to produce goods to a specification not forming part of our own range of specifications, then you warrant to us that all copyright, patent, design and other intellectual property rights in such goods are your property or that you are licensed to use them. You shall fully indemnify us and keep us indemnified from and against all claim, demands, damages and expenses incurred by us arising out of any infringement or alleged infringement of such rights in respect of the goods produced to such specifications as foresaid. In the event that you fail to take delivery of whole or part of any order produced to such specification as aforesaid then we shall be entitled to sell such goods on our own behalf, and you will nevertheless fully indemnify us as aforesaid.


7. DISCLAIMER

7.1 Our website and all contents of it relating to Frances Flakes sarl are provided on an “AS IS” basis without any representation or endorsement made and without warranty of any kind whether express or implied in respect of this website and/or the information contained in it, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Products (including any third party products) provided to you by means of this website shall have limited warranties which can be provided to you upon request to us.


8. MISCELLANEUOUS

8.1 If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
8.2 These Terms and Conditions shall be governed by and construed in accordance with the laws of France.
8.3 We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events


9. BESPOKE GOODS

9.1 Bespoke goods are any goods specifically personalized and/or tailored to your specifications.
9.2 Orders for bespoke goods cannot be cancelled or changed [once work has started on them].
9.3 Bespoke goods which are delivered as described and are in good condition may not be refunded. We reserve the right to charge for re-posting of bespoke goods returned in error.
9.4 We are not responsible for customer generated mistakes, errors or defects including spelling, typographical or grammar errors; poor image quality derived from low resolution images, order quantity, or other ordering errors. To prevent these errors from happening, please review your order carefully before submitting.
9.5 Faulty goods will be rectified free of charge. Any problems with any part of a bespoke order must be reported to us within 7 days of receipt. Please e-mail francesflakes@francesflakes.com who will contact you in regards to the fault and how to return the goods.