Fresh Flames - Designer Clothing

Terms / Conditions

1. The Contract Between Us

We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you within 48 hours at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.

2. Price and Payment Methods

2.1 The prices payable for goods that you order are as set out in our website.

2.2 You will 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.

2.3 As well as by credit card, we accept payment by Visa/ Visa Electron/ Visa Delta/ MasterCard/ Maestro/ Solo. Your order will only be accepted when our bank has confirmed your payment has 'cleared' into our account

3. Right for you to cancel your contract

3.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day (or fourteenth working day for overseas customers) 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. However, we ask that you do not wear make-up/perfume/body spray or deodorant when trying on items as they may leave marks or smells on the item(s). If any item(s) are sent back to us that are not in the same condition as when they were delivered to you we cannot accept the return.

3.2 You cannot cancel your contract if the goods you have ordered are perishable goods, software or item personalized or made to your specification

3.3 To cancel your contract you must notify us by email or in writing quoting your order number.

3.4 If you have received the goods before you cancel your contract then [unless, under clause
3.2, you do not have a right to cancel] you must send the goods, together with the original packaging, back to our customer service address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible and in any event no later than 14 working days from the date you notify us of your intention to cancel the contract.

3.5 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit/debit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.

4. Cancellation by us

4.1 We reserve the right to cancel the contract between us if:

4.1.1 we have insufficient stock to deliver the goods you have ordered;

4.1.2 we do not deliver to your area; or

4.1.3 one or more of the goods 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.
4.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card (or refund by way of cheque/postal order if paid using this method) as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

5. Delivery of goods to you

5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.

5.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.

5.3 For all UK mainland Destinations we use the Royal Mail 'Recorded Signed For' service.

5.4 You will become the owner of the goods you have ordered when they have been delivered to you. 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.

5.5 Please note that customers living outside the European Union may incur local taxes and import duties, which may involve slight delays. The customer is solely responsible for the payment of any of these additional charges that may be imposed.

6. Liability

6.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by email (for faulty items - faulty@freshflames.com for other matters customerservices@freshflames.com) or in writing at our contact address (insert postal address) of the problem within 10 working days of the delivery of the goods in question and return any damaged or defective items to us within 14 days of notifying us of the defect/damage.

6.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us by email (customerservices@freshflames.com) or in writing at our contact address Fresh Flames PO BOX 356 Sutton SM19FQ of the problem within 40 days of the date on which you ordered the goods.
If you notify a problem to us under this condition, our only obligation will be, at your option:
(a) to make good any shortage or non-delivery;
(b) to replace or repair any goods that are damaged or defective; or
(c) to refund to you the amount paid by you for the goods together with any reasonable delivery costs incurred by you in returning the item(s) to us in question in whatever way we choose.

6.3 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 to us 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 6.2(c) above.

6.4 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 to you 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.

6.5 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. Availability

All items are subject to availability. Although we do everything in our power to ensure the content of our website is up to date, occasionally items may be out of stock. We will inform you via email as soon as possible if the items you have ordered are not available and we will only debit your card for the item(s) that are available in your order.

8. Product Description

Every care has been taken to accurately represent the items in our photos. However, as we have no control over our customers' monitor settings (resolution, colours etc.) we cannot guarantee colours will be exactly as they appear on our website, a slight variation from the actual products can occur in our photos.

9. Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be by email at one of our email addresses provided in our website or in writing and sent to our contact address at Fresh Flames, PO Box 356, Sutton, SM1 9FQ and all notices from us to you will be displayed on our website from to time.

10. Events beyond our control

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident. Where we have notice of any delay we shall make every effort to keep you informed via email.

11. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

12. Privacy

12.1 Fresh Flames do not disclose any personal information obtained about you from this website to third parties except when we need to do so in order to complete the transaction - e.g. when arranging for a courier company to deliver goods that you have ordered. We may also use the information to keep in contact with you and inform you of developments associated with our business. You will be given the opportunity to remove yourself from any mailing list or similar device. If at any time in the future we should wish to disclose information collected on this website to any third party, it would only be with your knowledge and consent.
We may from time to time provide information of a general nature to third parties - for example, the number of individuals visiting our website or completing a registration form, but we will not use any information that could identify those individuals.

12.2 You acknowledge and agree to be bound by the terms of our privacy policy.

13. Website links

Our website contains links to other websites that we feel may be of interest to you. However, this inclusion cannot be taken to imply any validation by us of the content of these said website. Fresh Flames is not responsible for the privacy practices nor do we accept any liability in connection with the content of such websites.

14. License and website access

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Fresh Flames. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fresh Flames without express written consent. You may not use any meta tags or any other "hidden text" utilizing Fresh Flames's name or trademarks without the express written consent of Fresh Flames. Any unauthorized use terminates the permission or license granted by Fresh Flames. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Fresh Flames so long as the link does not portray Fresh Flames, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Fresh Flames logo or other proprietary graphic or trade mark as part of the link without express written permission.

15. Third party rights

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.

16. Governing law

The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

17. Entire agreement

These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.