Terms and Conditions for Site use

THE FAMOUS DAVE WEBSITE -
www.famousdave.co.uk ("Site")
Through using this Site you are acknowledging and agreeing to be bound by the following terms and conditions.

Famous Dave Ltd registered address:
100 Locks Road, Locks Heath, Southampton, Hampshire, SO31 6NR
Famous Dave Ltd office address:
Richmond Court Lower Ground Floor Office Suite, 94 Botley Road, Park Gate, Southampton, Hampshire SO31 1BA
Office hours: 9am - 5:30pm Monday to Friday, excluding public holidays
Company Reg. 6348245
VAT No. 913497314

1 Site Use
1.1 By accessing this Site you agree to be bound by these terms and conditions and all other applicable laws. If you do not agree to be bound by these terms and conditions, please leave this Site.
1.2 These terms and conditions:
1.2.1 Apply to you upon your entering this Site.
1.2.2 May be changed or terminated by Famous Dave Ltd without notice, for any reason and at any time. You agree that Famous Dave Ltd has no obligation to inform you of these changes and that it is your responsibility to establish whether the terms and conditions have been changed. If you disagree with any changes then you must stop using the Famous Dave Ltd site immediately.
1.3 The provisions in these terms and conditions relating to disclaimer, copyright, trademark, limitation of liability, indemnity, hypertext links, severance and law & jurisdiction shall survive any termination.

2 Disclaimer
2.1 This Site and its materials, products and services within this Site are provided purely on an "as is" and "as available" basis.
2.2 To the full extent permitted at law Famous Dave Ltd make no (and expressly disclaims all) representations or warranties, express or implied in respect of this Site or its contents or the contents, advice and opinions of any Hypertext Link or third party contributor to this Site, including, but not limited to, implied warranties as to quality, accuracy, adequacy, usefulness, timeliness, reliability, merchantability and fitness for a particular purpose and non infringement of the contents of this Site or any goods or services purchased or obtained or any transactions entered into by you through this Site.
2.3 Famous Dave Ltd do not represent or warrant that the material nor any of the functions found within this Site or the contents of any hypertext link or any comments, advice or opinions added by any third party contributor to this Site will be uninterrupted, accurate, complete or that current defects shall be amended, or that this Site or the server that makes the Site available are free of viruses, trojans or other harmful components.

3 Copyright
3.1 You agree that all copyright and other intellectual property rights in the material or content of this Site shall remain at all times vested purely in Famous Dave Ltd or its licensors.
3.2 You agree that the content of this Site is made available for you in your personal capacity and solely for your personal use. You agree that this Site will not be used for any commercial use. You agree that you may only download the content of this Site onto one computer hard drive, but not for commercial use, and that any other use of the content of the Site is strictly prohibited without written consent from Famous Dave Ltd.
3.3 You agree that you will neither solely or jointly with or on behalf of any other third party directly or indirectly copy, reproduce, transmit, distribute, publish, display, or commercially exploit the content of this Site.

4 Logos
The logos and service marks used and displayed on this Site are, unless otherwise specified, the logos of Famous Dave Ltd and Famous Dave's Tanner. No rights are granted to use any of them without the written permission of Famous Dave Ltd or Famous Dave's Tanner.

5 Liability Limitation
5.1 Famous Dave Ltd shall not held be liable in negligence, contract, tort, statutory duty or in any other way for any of the following:
5.1.1 Any loss or damage caused of whatever nature arising directly or indirectly from or in any way related with the Site, or through your participation in any activities purchased/received via Famous Dave Ltd, or
5.1.2 Your reliance or use of any information or material obtained either directly or indirectly from the use of this Site, or
5.1.3 Any other consequential or pecuniary loss in any way related to the use of this Site.
5.2 Condition 5.1 shall apply even if Famous Dave Ltd have been advised of the possibility of such loss or damage.
5.3 You agree that it is your sole responsibility to evaluate any goods or services offered by this Site.
5.4 Famous Dave Ltd is unable and therefore does not make any representations or warranties as to the security of information that you pass to any third parties as a result of using this Site either directly or indirectly.

6 Notices Served
6.1 Famous Dave Ltd may serve notice upon you by any of the following means:
6.1.1 E-mail
6.1.2 A general notice posted on this Site
6.1.3 Notice in writing delivered by mail to the address with which you have provided us.

7 Links
7.1 Famous Dave Ltd may provide a link from its own Site to other web sites. Famous Dave Ltd may also direct emails to persons chosen by you, however you acknowledge & agree that Famous Dave Ltd has no control over these emails or Hypertext Links (or any other third party link) and that you use these links or forwarding mechanisms entirely at your own risk.
7.2 You acknowledge & agree that Famous Dave Ltd will not be held responsible or liable for the content or any policies of any Hypertext Links (or any other third party link) as mentioned in 7.1 above.

8 Indemnity
You agree to keep Famous Dave Ltd indemnified against all actions, claims, costs, expenses (including all legal costs) and damages brought against or suffered by Famous Dave Ltd arising out of any breach of these terms and conditions or any activity relating to your use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your name or any other name with which you have supplied to Famous Dave Ltd.

9 Law & Jurisdiction
These terms and conditions shall be governed by and construed in all respects in accordance with English law and the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction in respect of any dispute, suit, action, arbitration or proceedings which may arise out of or in connection with these terms and conditions provided that Famous Dave Ltd has the right at it's sole discretion to commence and pursue proceedings in any other jurisdiction or jurisdictions whether concurrently or not.

10 Severance
If any of these terms and conditions shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law such provision shall to the extent required be severed from the terms and conditions and rendered ineffective as far as possible without modifying the remaining provisions of this agreement and shall not in any way affect any other circumstances or the validity or enforcement of these terms and conditions.

11. Delivery
11.1 Orders are dispatched via Royal Mail Second Class post unless Recorded or Special Delivery is chosen by the customer during checkout.
11.2 If a customer's order is returned to us undelivered, we will be happy to arrange redelivery, however the return shipping costs and redelivery costs will be the buyer's responsibility. If the customer wishes to cancel their order once it has been returned to us, we will be happy to issue a refund if the order is cancelled within 30 days of the order date, however the actual postage costs and any return postage costs will be deducted from the total.
11.3. Orders will be sent to the delivery address the customer has provided when placing the order. If a customer has provided us with incorrect or incomplete delivery details and the order is returned to us undelivered, full return and redelivery costs will be charged to the customer.
11.4. Orders will be dispatched within 2 working days of receiving full payment for the goods and will normally be with you within 2-5 working days of posting (applies to UK customers only), not including weekends of public holidays, unless otherwise stated in our Store Guide.
11.5. We regret that we cannot be held liable for delays in shipping caused by the courier/carrier.
11.5.1 Once an order has been dispatched, we are unable to control the delivery time, therefore any special requests to receive an order by a certain date must be made PRIOR to placing an order to avoid disappointment.
11.5.2 Only orders that have not been delivered within 15 working days of posting, can be declared as "missing" or "lost". If your order is declared as "missing" or "lost" by Royal Mail, we will be re-sending your order as soon as we have received confirmation of this from Royal Mail. Orders cannot be re-sent until we have had confirmation from Royal Mail that your parcel is "missing" or "lost". Refunds will not be issued until we have received confirmation or compensation from Royal Mail.
11.6 Delivery is £1.49 in the United Kingdom and our shopping cart will only accept orders within the UK and Europe. International customers must choose the European/International shipping option during checkout.

12. Returns & Cancellations
12.1 In order to receive a refund or exchange, products must be returned within 14 days of delivery. Delivery date is deemed as no later than 5 days after dispatch. Items must be returned unopened and unused and when a Combo or Multibuy is purchased, all items must be returned together and no part-refund or exchange is available.
12.2 If you would like to return your order, you must contact us at info@famousdave.co.uk prior to returning any items to receive full return instructions, return reference number and correct return delivery address. Failure to follow these instructions will result in no refund being given.
12.3 Postage costs are not refundable, and return postage is the customer's responsibility.
12.4 10-Day Money-back promotion offer on used products expired on 30th September 2007. Under no circumstances will Famous Dave Ltd issue a refund or exchange on opened or used products after this date.
12.4.1 The 'Guaranteed Satisfaction' seal on a product does not constitute or represent a money back guarantee.
12.5 Should a customer wish to cancel any order after making payment, cancellation can only be made via our standard refund process. If a customer cancels their order with their card provider rather than following our refund policy, the customer will be liable to pay Famous Dave Ltd any fees that the card provider charges Famous Dave Ltd, and an administration fee of £15.00. No fees are charged when the standard refund policy is adhered to. Famous Dave Ltd takes chargebacks very seriously and where necessary will prosecute offending parties without hesitation.
12.6 We reserve the right not to refund items returned to us outside the terms of our Returns Policy. Such items may be returned to the customer at the customer's expense. The customer will be notified of the applicable charges. If the customer sends the item back to us again or refuses to accept delivery, this will be deemed to be irreversible authority for us to dispose of the customer's goods without further notice. Disposal will not constitute any admission on our part that we have failed in any way to honour our obligations to the customer in full and will not constitute any unlawful action against the goods.

Spray Tan Club Additional Terms and Conditions of Membership:
a. Giving notice to terminate your membership must be done via email to info@famousdave.co.uk and acknowledged by us at which point your 1 month's notice period will begin. The earliest you may give notice is after your first refilled bottle has arrived. Your initial first new bottle received shortly after joining is not counted as a refill. We will then email you with details of how to cancel your subscription with us correctly. Cancellation of a subscription will be made by Famous Dave Ltd. Members who cancel a membership without giving notice will not be entitled to further refills with immediate effect, and any unauthorised refills must be returned.
b. Members can only have one bottle at any given time, and should return it to be refilled when empty.
c. Membership is for personal use only by the named member and cannot be transferred or used by any other person
d. Membership fees are collected monthly in advance automatically normally 30 days after the previous payment has been collected. Should payment fail we will attempt to collect the membership fee again. Continued falied attempts will result in breach of membership terms & conditions and the member is liable to pay a £5 late payment fee in addition to outstanding memberships fees per month until the issue is resolved and payments are brought back up to date.
e. Missed payments will also result in no further supply of Spray Tan until payments are resumed and brought back up to date.
f. Abuse of our unlimited spray tan offer will be taken seriously, and where necessary we will contact members and revoke membership privileges without notice.
g. The supply of incorrect addresses resulting in Spray Tan bottles going missing will be the responsibility of the member. Full payment for a new bottle will then be required. Any changes to members' addresses should be emailed to us in advance before returning the empty bottle.
h. Spray Tan bottles which are lost in return transit to us for refilling are the responsibility of the member. Where necessary, the member will need to claim with the courier or carrier they used to send the empty bottle. Famous Dave Ltd should be notified as soon as possible about lost bottles and we will endeavour to replace it for the member whilst they await their compensation from their carrier. We recommend posting empty bottles back to us using recorded delivery.
i. Through subscribing to Famous Dave's VIP Spray Tan Club it is deemed that you have read, understand, and agree fully to the terms and conditions laid out on this page.
j. No refunds are offered on membership fees once collected.
k. Fair usage is worked on an average usage of 1 x 250ml bottle per 3-4 weeks. Repeated excessive usage over this limit will be investigated directly with the member and the necessary action taken.
l. Refills will be sent within 24 hours of receipt via Royal Mail First Class post, Monday to Friday excluding public holidays. We regret that we cannot be held liable for delivery delays caused by Royal Mail.

Privacy Policy
We take the privacy of your personal information very seriously and will use your information only in accordance with all applicable UK Data Protection legislation. We will not sell or rent your personally identifiable information or a list of our customers to third parties. Your card details will be handled securely to ensure confidentiality. All card details are encrypted and not stored in our system.