Terms & Conditions
Table of Contents
- General Terms and Conditions
- Making a Purchase
- Acceptable Use
- Limitation of Liability
- Disclaimer of Warranty
- Copyright and Intellectual Property
- Shipping Information
- Returns and Exchanges
General Terms and Conditions
The following Terms and Conditions apply to all usage of the Fair Isle Knitwear Ltd. website. The website is owned by Fair Isle Knitwear Ltd.
All products on this site are available to you for purchase subject to the following Terms and Conditions. Please read the Terms and Conditions carefully before placing your order. These Terms and Conditions apply to the use of this website and by accessing this website and/or placing an order you agree to be bound by the Terms and Conditions set out below. If you do not agree to be bound by these Terms and Conditions, you may not use or access this website.
Fair Isle Knitwear Ltd. reserves the right to amend these Terms and Conditions at any time without prior notice and any changes will apply to subsequent orders.
These Terms and Conditions constitute the entire agreement between us in respect of the use of our services and website. They supersede all prior agreements, arrangements and representations (save in respect of those made fraudulently).
If any of these Terms and Conditions are found to be invalid then that provision shall not affect the validity of the remaining provisions which shall continue to be fully enforceable. No waiver by Fair Isle Knitwear Ltd. of any term shall be deemed to be continuing or shall be deemed to be a waiver of any other term.
Fair Isle Knitwear Ltd. reserves the right to change or terminate these Terms and Conditions at any time.
These Terms and Conditions will be governed by and construed in accordance with Scottish law and the parties agree to submit to the exclusive jurisdiction of the Scottish courts.
Making a Purchase
Establishing a contract
On placing an order with Fair Isle Knitwear Ltd. you will subsequently receive an e-mail confirming receipt and the details of your order. The order you place represents an offer to purchase a product which is accepted by us when we process the payment and dispatch the order to you. Any products within the same order which are not charged for or dispatched are not included within that same contract. Fair Isle Knitwear Ltd. reserves the right to refuse an order at any time. This may be due to stock levels, a problem processing the payment or an error identified within the product information supplied, including price or promotion. We will of course contact you if for any reason there is a problem with your order.
All purchase contracts are governed by the laws of Scotland and any dispute between Fair Isle Knitwear Ltd. and you, the customer, shall be resolved exclusively in the courts of Scotland.
Availability and Pricing
All orders are subject to availability. You will be contacted by Fair Isle Knitwear Ltd. if an item purchased is unfortunately not available.
All prices shown are correct at the time of publication. Prices are shown in GBP (£)
If your order is to be delivered outside the European Union, it may attract import duty and local sales taxes which customers will need to pay on receipt of the shipment. Any additional charges for customs clearance must be borne by you. These rules vary by country and your local government determines duty and customs charges, so you should contact your local customs office for further information.
Accuracy of Information
Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery datesand times.
Fair Isle Knitwear Ltd. will regularly check the accuracy of the information supplied on the website. However, despite our best efforts, we cannot guarantee that all product information is error free. All sizes and measurements provided are approximate to the nearest half-inch.
Fair Isle Knitwear Ltd. uses “Paypal Express Checkout” to ensure the secure processing of your payment. All personal information supplied by you, including credit card numbers and contact details, is safeguarded on secure servers.
Payment will be taken at the time of purchase and any additional administration or delivery costs will be charged subsequently if applicable.
A receipt will be dispatched along with your order or sent separately to the billing address if this differs to the shipping address.
If you wish to cancel your purchase please contact us at firstname.lastname@example.org If the order has been dispatched you will need to follow the returns policy as stated below.
This website may only be used for lawful and proper purposes, in accordance with these Terms and Conditions. This includes complying with all applicable laws, regulations and codes of practice within the UK or other jurisdiction from which the site is accessed.
Limitation of Liability
To the extent that we are lawfully able to do so, in no event will Fair Isle Knitwear Ltd. be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages arising out of access to, or the use/inability to use this website or any information contained in it or arising out of the services we provide. This includes loss of profit and the like, whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. To the maximum extent permitted by law, our liability to you in connection with our products under these Terms and Conditions shall not exceed the value of the goods. This does not affect your statutory rights.
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect losses
suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
We reserve the right to:
- modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- change the 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.
Disclaimer of Warranty
To the maximum extent permitted by law, we disclaim all implied warranties with regard to information, services and materials contained on this website. All such information, services and materials are provided “as is” and “as available” without warranty of any kind.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
Copyright and Intellectual Property
All content available on this website, or which forms part of the services including, but not limited to, text, graphics, logos, button icons, images, data compilations, software and the compilation thereof (the “content”) is the property of Fair Isle Knitwear Ltd.. The logos and service marks displayed on the website are the registered and unregistered marks of Fair Isle Knitwear Ltd., its affiliates, licensors or partners, in the UK and other countries and are protected by UK and international law.
Neither the content nor any other portion of the website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without prior written consent.
We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.
- When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number.
We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you will only be used for the following purposes:
- Processing your orders;
- To contact you to provide information regarding your order;
- You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003
- You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.
Your privacy is of the highest importance to us, and we promise never to release your personal details to any outside company for mailing or marketing purposes.
When you make a purchase from our website, we do collect certain personal information from you (for example: your name, email address, payment address and details). All such information is held on secure servers.
In order to serve you most efficiently, reputable third-party banking PayPal handle our credit card transactions and order fulfilment. They receive the information needed to verify and authorise your payment card and to process your order. All such organisations are under strict obligation to keep your personal information private.
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Fair Isle Knitwear delivers to the UK and to all countries worldwide using Royal Mail Services. Due to the geographical location deliveries are subject to delays caused by extreme weather conditions and availability of Post Office hours.
Returns and Exchanges
We're sorry that in most circumstances it's not possible to make changes to your order once you've placed it.
We want you to be happy with your purchase. If you're not, just contact us to inform us and return the product to us, following the instructions below, and we'll exchange or refund it to the credit or debit card of the person who originally placed and paid for the order. Please see below for products excluded from this policy.
Consumer Contracts Regulations 2013
This legislation offers you the following cancellation rights when you buy online or by phone:
- You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods or services
- Your right to return products does not apply to goods made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly
- If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them
- To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address
- You can cancel by email: , or call +44 (0) 1595 760255
- If you decide to cancel, you should return the goods to us at your cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than International signed for or equivalent and Royal Mail Special Delivery for UK customers)
- We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied
In addition we would like you to know that under Consumer Contracts Regulations 2013 your right to return products does not apply to Bespoke Orders. In the event of cancellation of any bespoke work, the customer shall be responsible for all expenses and outlays incurred by Fair Isle Knitwear up to the date of cancellation. This includes all bespoke custom orders either placed on the website, by email or over the phone.
To cancel your order you must advise us by writing to email@example.com and we will issue you with a returns note for inclusion in your delivery. All parcels are sent back at your own risk. We would advise using recorded delivery as the parcel is not our responsibility until we sign for it.
Please note that the right to cancel and return for a refund does not apply to the following: “personalized goods or goods made to a consumer’s specification” –PLEASE NOTE: We will only accept the return of item/s if sent back in original unused condition.
We aim to apply all refunds & dispatch exchange items within a week of the day they are received, although it can take longer during busy periods such as Christmas & sale periods. Shipping terms and conditions apply.
Please send returns to: Fair Isle Knitwear, Nedder Taft, Fair Isle, Shetland, Scotland ZE2 9JU