This page (together with the documents referred to on it) tells you the terms and conditions ("Conditions") on which we supply any of the products ("Products") listed on our website www.fineandsuperior.com ("Website") to you. Please read these Conditions carefully before ordering any Products from the Website. You should understand that by ordering any of our Products, you agree to be bound by these Conditions.
You should print a copy of these Conditions for future reference.
1. Information about us
The Website is operated by Fine and Superior Limited trading as fineandsuperior.com ("We"). We are registered in England and Wales under company number 08348167 and with our registered office at Open Country, Rigton Hill, North Rigton, LS17 0DJ. Our main trading address is the same. Our VAT number is GB153 3218 36.
2. Your status
By placing an order through the Website, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old.
3. Your data
3.1 You shall own all rights, title and interest in and to all of the data owned and inputted by you when ordering a Product ("Customer Data") and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data.
4. How the contract is formed between you and us
4.1 After placing an order, you will receive an e-mail 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 to you by sending you an e-mail that includes an invoice and confirms that the Product has been dispatched (the "Invoice E-mail"). The contract between us ("Contract") will only be formed when we send you the Invoice E-mail.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Invoice E-mail. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Invoice E-mail.
5. Our status
5.1 We may provide links on the Website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through the Website, or from companies to whose website we have provided a link on the Website, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
6. Cancellation of contracts
statutory Consumer rights – 7 day cancellation period
6.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Product(s). In this case, you will receive a full refund of the price paid for the Product(s) in accordance with our refunds policy (set out in Condition 10 below). Details of this statutory right, and an explanation of how to exercise it, are provided on our website under RETURNS. This provision does not affect your statutory rights.
Our 28 day guarantee
6.2 In addition to your statutory right to cancel set out in Condition 6, we also offer you the opportunity to cancel a Contract at any time within 28 days, beginning on the day you received the Product(s). In this case, you will, subject to fulfilling certain criteria set out in our refunds and exchange policy (Condition 10 below), receive a full refund of the price paid for the Product(s) or other Product(s) in exchange (as applicable).
6.3 To cancel a Contract, you must inform us in writing or by e-mail to [email protected] You must also return the Product(s) to us immediately, in the same condition and packaging in which you received them, and, except when we are running free delivery and returns promotions, at your own cost and risk. You have a legal obligation to take reasonable care of the Product(s) while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6.4 We regret that we are unable to accept returns of items that have been painted to fulfil an order. If you have any questions about this please contact us prior to making your purchase.
7. Availability and delivery
Your order will be fulfilled by the delivery date set out in the Invoice E-mail or, if no delivery date is specified, then within a reasonable time of the date of the Invoice E-mail, unless there are exceptional circumstances.
8. Risk and title
8.1 The Products will be at your risk from the time of delivery.
8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
9. Price and payment
9.1 The price of any Products will be as quoted on the Website from time to time, except in cases of obvious error.
9.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.
9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Invoice E-mail.
9.4 The Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on the Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
9.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Invoice E-mail, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
9.6 Payment for all Products must be by credit or debit card, or through Paypal, our payment partner. We accept payment with VISA, MasterCard, Maestro/Switch, VISA Electron or Solo. Normally and where possible we will not charge your credit or debit card until we dispatch your order.
10. Our refunds and exchange policy
Statutory Consumer rights – 7 day cancellation period
10.1 When you return a Product to us because you have cancelled the Contract between us within the seven-day cooling-off period (see Condition 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, excluding the cost of sending the item to you.
10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase. Our 28 day guarantee return period for non-defective products will also be in effect.
10.3 Prior to returning a Product to us, please e-mail [email protected] or complete the returns form on our website stating your intention to return the Product, quoting your order reference number or invoice number and informing us whether you would like a refund or would prefer to exchange the Product for another Product.
10.3 If returning a Product, please send the Product to: Fine and Superior Limited, Open Country, Rigton Hill, North Rigton, LS17 0DJ.
10.4 If exchanging a Product and the new Product costs less than the one you returned, we will refund you the difference. If exchanging a Product and the new Product costs more than the one you returned, you must make an additional payment equal to the difference. Except when we are running free delivery promotions, delivery costs as set out in our Delivery Guide are payable by you on any and all Products that are sent to you in exchange for a returned Product that is not defective. Only replacements of Products deemed defective by us (in our sole discretion) will be delivered to you free of delivery costs.
10.5 When you return a Product to us because you have cancelled the Contract between us within the 28-day period (see Condition 6.2 above), PROVIDED THAT you return the Product to us in its original packaging and "as new" in a condition suitable for re-sale (as decided by us in our sole discretion), we will process the refund due to you or exchange the Product (as applicable) as soon as possible and, in any case, within 30 days of the day we receive the returned Product. Where we issue a refund, we will refund the price of the Product in full, including the cost of sending the item to you. However, except when we are running free returns promotions (which is often) you will be responsible for the cost of returning the item to us and the Product will remain at your risk until it is delivered to us. A new Contract will be formed on the dispatch of any Product sent to you in exchange for a Product returned in accordance with this Condition 10.4.
Other returns (including defective products)
10.6 When you return a Product to us for a reason other than that stated in Condition 10.5 (for instance, because you have notified us in accordance with Condition 20 that you do not agree to any change in these Conditions or in any of our policies, or because you claim that the Product is defective within 3 days of order), we will examine the returned Product. Any Product returned by you and deemed defective by us (in our sole discretion) will either be (a) refunded in full, including a refund of the delivery charges for sending the item to you; or (b) exchanged for another Product delivered to you free of delivery costs. We will notify you via e-mail within a reasonable period of time (a) whether you are entitled to a refund; or (b) whether an exchange is possible. We will usually process any refund due to you or exchange the Product (as applicable) as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund or exchange (as applicable) for the defective Product.
11. Our liability
11.1 Subject to Condition 11.2, 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.
11.2 The images of the Products found on the Website are images of the Products they represent, but due to lighting effects and the variable quality of consumers' computer monitors we neither warrant nor represent that the colours of any Product in any image are a true likeness of the Product dispatched to you.
11.3 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
11.4 Nothing in these Conditions limits in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us.
(e) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data, or
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; provided that this Condition 11.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of Condition 11.1 or Condition 11.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this Condition 11.4.
12.1 If you order Products from the Website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
12.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
13. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our 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.
All notices given by you to us must be given to Fine and Superior Limited, Open Country, Rigton Hill, North Rigton, LS17 0DJ. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Condition 13 above. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. Transfer of rights and obligations
15.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. Events outside our control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
16.2 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:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
16.3 Our performance under any 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 for the duration of 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.
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Condition 13 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. Entire agreement
19.1 These Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Conditions.
19.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Conditions.
20. Our right to vary these Conditions
20.1 We have the right to revise and amend these Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
20.2 You will be subject to the policies and Conditions in force at the time that you order products from us, unless any change to those policies or these Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Conditions before we send you the Invoice E-mail (in which case we have the right to assume that you have accepted the change to the Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21. Law and jurisdiction
Contracts for the purchase of Products through the Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
22. Discount Codes
22.1 On occasion we may run promotions using discount codes, this may be a monetary value or a percentage discount and we will send these to existing customers or advertise online or in press publications. DIscount codes are not valid on items that are already 'on sale' showing a discounted price on the website against RRP, unless we state otherwise within the promotion campaign.
22.2 Human errors can sometimes occur and if it is an obvious error, for example an expected 10% discount actually takes off 50%, we retain the right to reduce the discount to the correct value. In such instances we would contact you to advise of this and ensure you still wished to purchase the item.
Please view our competition terms & conditions here.
Issue Date: 1st July 2013
Updated: 20th February 2015