Shopping with Fairpak Ltd
You can Order Products in the following ways:
- Online via this website
- By telephoning 0161 660 4205
When you place an Order for a Product in any of the ways described above ("Order") you are offering to buy it for the price stated, subject to these Terms.
When you place your Order online we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your Order details. If the Product is not available we will also let you know by email.
Fairpak Ltd may cancel any sale and not supply Products if it is reasonable to do so and may change or discontinue the availability of Products at any time at its sole discretion. If an Order is cancelled, any payment made for the Products will be refunded in full. This does not affect your Statutory Rights.
All new Orders are deemed separate and each is treated individually.
Ultimately rejected by the Seller a refund will be made immediately
All orders are subject to our full terms and conditions (below). Nothing in these conditions affects your statutory rights as a consumer.
Standard conditions of sale
- "Buyer" means the person who buys or agrees to buy the Products from the Seller.
- "Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
- "Delivery date" means the date specified by the Seller when the Products are to be delivered.
- "Products" means those goods specified.
- "Price" means the price for the Products including carriage, packing and VAT.
- "Seller" means Fairpak Ltd.
- "Consumer" shall bear the meaning ascribed in section 12 Unfair Contract Terms Act 1977.
- Nothing in these conditions shall affect the buyer’s statutory rights as a consumer.
- The Seller shall sell and the Buyer shall purchase the products in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written or verbal order of the Buyer which is accepted by the Seller including but not limited to orders placed using the Seller’s electronic online ordering service, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the Buyer.
- Any typographical or clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
- If any provision of these conditions is adjudged invalid or unenforcable in whole or in part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.
- If the Seller does not have sufficient stock to be able to deliver the goods ordered by the Buyer then any sum paid by the Buyer will be refunded or re-credited to your account and the Seller will notify you at the address given by you in your order form. The refund will be made as soon as possible and, in any event, within 30 days of your order and the Seller will not be obliged to offer any compensation for disappointment suffered.
- By placing an order using the Seller’s electronic online ordering service the Buyer is making an offer which will not become a binding contract until the order is accepted by the Seller. The taking of payment from the Buyer’s credit card does not indicate acceptance of the order by the Seller. If the Buyer’s order is ultimately rejected by the Seller a refund will be made immediately
The price and payment
- Save as provided otherwise herein the Price shall be that as stipulated in the Seller’s published price list current at the date of order of the Products. Any event of any increase in the cost to the Seller of raw materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange rate the Seller may increase the Price payable under the contract upon written notice. If notice of price increase is given by the seller, the buyer shall have the right to cancel the order and receive back any sums they have paid. Notice of cancellation must be received in writing by the seller within seven days of delivery of the notice of price increase to the buyer.
- Payment of the Price shall be due at the date of the order. Time for payment shall be of the essence. If the Buyer does not pay the Price on notification of shipment the Seller may bring an action for the Price even though property in the Products has not been passed to the Buyer. If the Buyer fails to make payment as required the Seller may suspend delivery of the Products or any further Products ordered until payment is made in full.
- You must pay for your Order before it is delivered and you can do so by credit card, debit card, PayPal, cheque or postal Order.
A. Credit Card / Debit Card
- Orders may be processed online, or by telephone, using a credit or debit card (currently VISA, MasterCard, Delta and Maestro/Solo). We aim to debit money from your account within one working day after receiving your Order.
- To ensure that shopping online is secure, your credit/debit card details will be encrypted to minimise the possibility of someone being able to read them as they are sent over the Internet.
- Your credit card company may also do security checks to confirm it is you making the Order.
- All Order details and invoices will be sent to the credit card billing address and not the delivery address where the named recipient of the Order differs.
B. Cheque or Postal Order
In the UK, you may pay by cheque or postal Order if you wish.
- Please make cheques payable to Fairpak Ltd and remember to include postage. Please also send us a covering letter detailing your Order, cheque guarantee card number, guaranteed amount, expiry date, contact details including phone number and delivery address.
Should you choose to pay via PayPal you will be redirected to PayPal, via a secure connection. Once you have completed your transaction with PayPal you will be redirected back to our site, where we will complete you order as normal.
- The quantity and description of the Products shall be set out in the Seller’s quotation.
- The Seller may make any changes in the specification of the Products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to the Seller’s specification. All the products on our website have flat packed unless stated in the description.
- Photographs are for illustrative purposes only, and may not exactly match the product itself.
- We try to keep our website as up to date as possible but cannot guarantee that a particular Product will always be available. If we can't supply a Product you will not be charged for it and we will refund or re-credit your account with the amount debited by us.
- All offers are available while stocks last. If we are unable to supply a Product you have Ordered, we will notify you as soon as we can after receiving your Order. If this happens, you may cancel your Order and we will refund you the money you have paid for it.
- Stock availability status for each product and colour option can be found at the bottom of each product page
Warranties and liability
- All goods supplied by the Seller come with a manufacturer’s warranty of at least 12 months.
- The Seller shall provide the Buyer with such information as is required to claim under the manufacturer’s warranties. In the event of a claim, the Buyer shall in the first instance contact the Seller’s customer service department.
- The Seller does not provide any warranty cover against defects in his own right.
- Except where the Buyer acts as a Consumer all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality or conditions of the products whether implied by statute or common law or otherwise are excluded to the fullest extent of the law.
- Insofar as is permitted by law, our only liability to you under these terms and conditions will be, at our sole discretion, to make good any shortage or non-delivery, to replace or repair any goods which are received by you in a damaged or defective state or to refund to you any sums actually paid by you for the goods in question. We will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to us and will have no liability to you for any failure or delay in delivering goods or any damage or defect in goods delivered which is caused by any event or circumstance which is beyond our reasonable control. Nothing in this Clause 5 affects your statutory rights as a consumer.
Please Note: Any item damaged in transit must be clearly signed as damaged by the customer on the delivery note. If the item is not signed as damaged on delivery note, the customer has accepted full resposiblility of any damages reported after this date. Replacement will have to be arranged for any damaged reported to ourselves.
Delivery, Returns and Cancellations
- Delivery of the products shall be made by the Seller or his agent notifying the Buyer that the products are available for collection at the Sellers premises or for delivery to such place as the Buyer may specify at the time the order is placed.
- The Seller shall use his reasonable endeavours to meet any date agreed for delivery.
- In any event time of delivery shall not be of the essence.
- The Seller shall not be liable for any delay in delivery howsoever caused.
- All orders for delivery to addresses within mainland GB are delivered free of charge, except to * AB, DD, FK, HS, IV, KA, KW, KY, PA, PH and ZE postcodes where there will be a small additional charge which will be advised prior to order processing.
- If you feel that the delivery cost quoted is too much for these areas, then we will deliver free to a nominated mainland GB address e.g. a port. Further transport and responsibility for the items will belong to the customer from this point onwards. Fairpak Ltd will not be able to accept any responsibility for any damage or loss caused in shipping overseas.
- Generally, where an order contains more than one item all items will be delivered at the same time once all items are available.
- Please note: once the goods have been despatched and booked in, the order can not be cancelled. If the customer refuses to sign for goods from the courior company for any reason, they will be liable for any delivery cost occured to and from the address which could be in the region of £30 - £80.
Where a delivery date has been agreed with our carrier but the customer isn’t present to receive the delivery we reserve the right to charge the customer a minimum of £25 to cover part of the cost of the failed delivery. An order may be cancelled at any time between the placement of the order and 7 working days following delivery of the goods.If the Buyer is dissatisfied with his purchase for any reason he may, within seven working days of delivery, contact the Seller’s customer service department to notify them that he wishes to return some or all items from his order. The Buyer can either arrange to return the goods yourself (we recommend that you use a service with proof of delivery and insurance against loss and damage, as proof of shipping is not proof of receipt. It is your responsibility to ensure the goods are returned back to us undamaged and with the original packaging. You are responsible for the cost of returning goods back to us) or you can ask us to collect them from you. If you would like us to collect, then you will be charged £70 for large items delivered on one & two man delivery service and £20 on items delivered by courier services, which will be deducted from your refund. Please note that all items must be returned in their original packaging or similar, and must not have be assembled. Customers have a duty of care for the product until it is collected from them, and should make every effort to ensure no damage is caused to the item. Items which are not adequately packaged at time of collection may not be collected and a charge of £65 or £15 respectively may be levied to cover cost of failed collection.
- Refunds will be issued within 30 days of receipt of goods and after we have inspected them for damage. We reserve the right to withhold all or part of your refund if items are returned damaged.
- Please note that for selected items of leather / fabric upholstery products there is a 50% cancellation/returns fee unless the order is cancelled within one week of placement.
- Please note: all returning items have to be in the original packaging so that them can be resold onto another customer as a new item. It is the customers responsibility to make sure the original packaging is retained
- Mattresses can only be returned if they are unopened. Mattresses which have been opened and slept on cannot be returned. If you wish to test a mattress please keep it wrapped until you are sure you want to keep it.
- We do not deliver on weekends or bank holidays. The only exception to this is a selection of ‘Next Day Delivery’ items, which can be delivered on a Saturday for an additional charge. These items are clearly marked.
- Any goods returned back will be refunded less any delivery cost which we have encountered, whether the item was delivered with free delivery or not. Delivery costs could range from £15-£70.
Acceptance of the products
- Other than where the Buyer acts as a Consumer the Buyer shall be deemed to have accepted the Products 5 working days after delivery to the Buyer.
- After acceptance the Buyer shall not be entitled to reject Products which are not in accordance with the contract.
Title and risk
- Risk of damage to or loss of the Products shall pass to the Buyer upon delivery.
- Notwithstanding any other provision herein title in the Products shall not pass to the Buyer until the Seller has received in cash or clear funds payment in full.
- The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of the Seller, but if the Buyer does so all moneys owing to the Seller shall (without prejudice to any other right or remedy on the Seller) immediately become due and payable.
Insolvency of buyer
This clause applies if:
- The Buyer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt, or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or
- An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer, or
- The Buyer, not being a consumer, ceases, or threatens to cease, to carry on business, or
- The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
If the Clause applies, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Buyer, and if the Products have been delivered but not paid for the Price shall become immediately due and payable that despite any previous arrangement or agreement to the contrary.
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to strikes, lock outs, accidents, war, fire, reduction in or unavailability of power at the Seller’s premises or its manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to the Seller, addressed to the Seller at its registered office or in the case of notices to the Buyer, at the Buyer’s address as provided to the Seller.
- The headings of the Clauses in these conditions are intended for reference only and will not affect the construction of these conditions.
- Representations No statement, description, warranty condition or recommendation contained in any catalogue, price list or advertisement or communication or made verbally by any of the Agents or Employees of the Seller shall be construed to enlarge, vary or override in any way thereof any of these conditions.
- Additional costs The Buyer agrees to pay for any loss or extra cost incurred by the Seller through the Buyers instructions or lack of instructions or through failure or delay in taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees.
Proper law of contract
This Contract shall be governed by the law of Scotland and any dispute, question or remedy howsoever arising determined exclusively by the Courts of Scotland.
Copyright and Trade Marks
- Fairpak Ltd does not give you any right or interest in any copyright or intellectual property rights in any Product nor the right to copy them.
- The copyright in fairpak.co.uk and the content of all the software, web site and pages relating to the Fairpak.co.uk web site is owned by, or licensed to Fairpak Ltd, unless otherwise specified and may not be used, copied or altered without our express consent.
- Copyright extends to the design, look and feel of fairpak.co.uk, all photographs on it and its marketing materials.
- You may use fairpak.co.uk for private and personal non-commercial use only - i.e. to view, copy and print portions of fairpak.co.uk for the sole purpose of placing Orders. The materials on fairpak.co.uk may not be used for any other purpose.
- Fairpak Ltd, fairpak.co.uk and our logos are trade names or trade marks of Fairpak Ltd and may not be used by anyone else without our express permission.
Privacy and Data Policy
Fairpak Ltd makes a commitment to protecting your privacy and promises only to use information collected about you in accordance with the Data Protection Act 1998.
When you place an Order, we may ask you for certain information and you may submit personal data to fairpak.co.uk (for example your name, phone number, postal address, email address, contact and bank / credit card details). We may also record which products you are interested in and which products you purchase as well as customer traffic patterns and site use.
This information will be kept securely in accordance with our internal security policy and may be used to:
- Process your Order
- Provide you with an up to date, efficient, and reliable service
- Help fraud prevention i.e. we check card details with our credit agency and reserve the right to refuse Orders on that basis (your credit rating can be checked for a nominal fee with the main UK agencies Equifax and Experian);
- Open and run your account
- Provide a more personal shopping experience.
By making an Order and submitting your data you agree to this use.
From time to time we also monitor and record telephone calls for training purposes and to improve the service to you.
We will never collect sensitive information about you without your explicit consent.
- If you have used the Fairpak Ltd.co.uk web site before or have Ordered Products from Fairpak Ltd before it is possible that we have this information already and it is being used to contact you about offers, events, items or related activities that you may find useful. If you are an existing customer we will continue to keep you informed unless you tell us not to.
- If you are a new customer we will give you the choice (for example once you have placed an Order) whether or not you want us or other reputable companies to contact you about future offers, events and new Products or related activities that you may find useful. We will not bombard you with emails, but we'd like to keep you informed of the developments on fairpak.co.uk
- We do not sell, trade or rent your personal information to other companies but from time to time we may want to share data with other reputable companies both within and outside the European Union who may have interesting offers and information for you.
- fairpak.co.uk will not send you any marketing emails or pass your information on to third parties unless you give us your consent, or unless we have it already.
Fairpak Ltd Responsibilities
- Fairpak Ltd has tried to make the descriptions (including all pictures) of the Products as accurate as possible but you should check the dimensions stated on fairpak.co.uk or contact us for exact sizes.
- Fairpak Ltd shall insure ordered Products at their retail value whilst being delivered to you. Please check the delivered Products as soon as possible for damage etc within a 'reasonable' time frame on receipt as we will not cover any subsequent loss or destruction.
- Fairpak Ltd will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services.
- Because of the nature of the Internet, Fairpak Ltd provides and maintains fairpak.co.uk on an "as is", "as available" basis and makes no promise that use of fairpak.co.uk will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
- Our website contains links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
- Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
- You will be responsible for any breach of these terms by you and if you use fairpak.co.uk in breach of these terms you will be liable to and will reimburse Fairpak Ltd for any loss or damage caused as a result.
- These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall they exclude or limit Fairpak Ltd's liability for death or personal injury resulting from its negligence nor any fraudulent representation.
- Fairpak Ltd will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
- Please read the instructions, manuals and other user documentation that comes with your Products carefully. fairpak.co.uk is not involved in the manufacture of Products and will not advise on their use or operation or the manufacturer's guidelines. You are urged to use all Products safely and in accordance with the manufacturer's guidelines.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Fairpak Ltd excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Fairpak Ltd and fairpak.co.uk shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
- any incorrect or inaccurate information on fairpak.co.uk
- any interruptions to or delays in updating fairpak.co.uk
- the infringement by any person of any Intellectual Property Rights of any third party caused by their use of fairpak.co.uk or any Product purchased through fairpak.co.uk
- any loss or damage resulting from your use or the inability to use the fairpak.co.uk web site or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control
- any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong
- any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading fairpak.co.uk, or from transmissions via emails or attachments received from Fairpak Ltd or its licensees and affiliates
- the availability, quality, content or nature of the other sites on the Internet that are owned and operated by third parties ("External Sites") to which fairpak.co.uk link and web sites located on or through any External Site nor for any transactions involving External Sites (including as to 'cookies', personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web site or transactions;
- all representations, warranties, conditions and other terms which but for this notice would have effect.
General Fairpak Ltd may change or withdraw any part of fairpak.co.uk, or may refuse you access to the web site at any time if we consider it necessary.
Fairpak Ltd may also terminate this Agreement and immediately remove, cancel or suspend access to and use of fairpak.co.uk upon breach of any part of these Terms whatsoever.
Termination shall be without prejudice to Fairpak Ltd's other rights.
Fairpak Ltd acts as principal on its own account and not as agent for you or any other person.
If Fairpak Ltd does not enforce any provision of this agreement such will not be considered a continuing waiver.
In the event that any part of these Terms is held to be unenforceable, such part will at Fairpak Ltd's option be construed as far as possible to reflect the parties' intentions and the remainder of the provisions will remain in full force and effect.
These Terms constitute the full agreement between you and Fairpak Ltd and may only be amended in writing. They apply to the exclusion of all other terms or conditions of contract proposed.
Since we are principally aiming fairpak.co.uk at the UK and EU market, we cannot guarantee that it accords with local laws of any other Countries (though we will try to make sure it does).
o Use of fairpak.co.uk and these terms are subject to the laws of England and the jurisdiction of the English Courts.
If you would like help when Ordering, information about a Product, a request for a Product or if you would just like to provide us with feedback on our service, please email us at firstname.lastname@example.org
You can also contact us:
- By post at Fairpak Ltd, Holmes Mill, Holmes Street, Rochdale, Greater Manchester, OL12 6AQ.
- By telephoning 0161 660 4205 between the office hours of 9.00am and 5:30pm GMT.