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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: Burlington House, Old Christchurch Road, Bournemouth, Dorset BH1 2HZ, United Kingdom
Famous Dave Ltd office address: Pinewood, Chineham Business Park, Crockford Lane, Basingstoke, Hampshire RG24 8AL, United Kingdom
Office hours: 9:00am - 5:30pm Monday to Friday, excluding public holidays
Tel: 02380 011637
Registered in England & Wales, 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.
2.1 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.
3.1 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.
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:
6.1.2 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.
7.1 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.
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.
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.
11.1 UK Orders are dispatched via Royal Mail First Class Recorded (Signed For) Delivery unless Courier Delivery (a DHL/Yodel service) is chosen by the customer during checkout or point 11.1.1 applies.
11.1.1 Famous Dave Ltd aim to send all items via Recorded Delivery apart from orders that only contain Self Tan Mitts or a single Travel-Size product as these items normally fit through a letterbox. These items will instead be sent via standard 1st class post.
11.1.2 Once an Order has been dispatched it cannot be cancelled.
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.
11.2.1 If a customer fails to collect or fails to arrange a re-delivery date for a parcel which Royal Mail or a Courier has attempted to deliver within 7 days of the original delivery attempt, the parcel will be returned to Famous Dave Ltd. Famous Dave Ltd are happy to resend the order after it has been returned to us, however because Royal Mail have attempted delivery we are unfortunately unable to resend your parcel free of charge. The original postage and packaging charges will apply again and need to be paid in advance by the customer before a returned order can be resent.
11.2.2 If a customer wishes to cancel an order that has been returned to Famous Dave Ltd due to a failed delivery attempt, Famous Dave Ltd reserves the right to charge the customer a warehouse return and re-stocking fee of £2.00. The original delivery charges are not refundable.
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 during the Romancart checkout process and the order is returned to us undelivered, full return and redelivery costs will be charged to the customer.
11.3.1. If a customer has provided us with incorrect or incomplete delivery details during the Romancart checkout process and the order is delayed during transit or lost, Famous Dave Ltd will not be held liable and no refund or replacement will be issued to the customer. The customer should contact the carrier directly to resolve any issues.
11.4. Orders will normally be dispatched on the same day they are received, provided they have been placed - and have been received by us - before 2:00pm Monday-Friday excluding public holidays. Orders will only be processed and dispatched once we have received full payment for the goods. Standard Delivery orders are sent via Royal Mail 1st Class Recorded Delivery - orders sent via this service are normally delivered to the customer within 1-5 working days of posting (applies to UK customers only), not including weekends or public holidays, unless otherwise stated in our Store Guide. Courier Delivery orders are sent via FedEx. Courier Delivery is a trackable courier service that is normally delivered within 24-48 hours of dispatch, and whilst every effort is made by the courier to ensure that Courier Delivery items are delivered by FedEx the next working day from dispatch, this cannot be guaranteed by Famous Dave Ltd. Courier Delivery is not made on weekends.
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 costs start from £2.49 for delivery within the United Kingdom. All orders, including Courier Delivery orders, must be received by us before 2:00pm Mon-Fri in order to ensure same day dispatch. European/International customers must choose the European/International shipping option during checkout. Failure to select & pay the correct postage will delay the processing and dispatch of your order.
11.7 If an order has been signed for, it will be deemed as delivered and the customer will need to contact their local Royal Mail delivery office or Yodel/DHL directly for any disputes.
12. Returns & Cancellations
12.1 An Order cannot be cancelled once it has been dispatched.
12.2 In order to receive a refund or exchange, products must be returned to Famous Dave Ltd within 14 days of delivery. Delivery date is deemed as no later than 5 days after dispatch. Items must be returned unopened and unused - all plastic packaging must still be in its original sealed state and intact - and when a Combo or Multibuy is purchased, all items must be returned together and no part-refund or exchange is available.
12.2.1 Only items purchased from the Famous Dave Website can be returned to Famous Dave Ltd.
12.3 If you would like to return your order, you must contact us at info(at)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, and we reserve the right to charge a returns administration and handling fee of £2.00.
12.3.1 If you feel you have received a faulty or damaged item, you must contact us at info(at)famousdave.co.uk with full details of the fault or damage, photographic proof may also be required. Famous Dave Ltd will replace or refund any items deemed as faulty or damaged. Damaged or faulty items must be returned to Famous Dave Ltd before an exchange or refund can be issued. All returns are fully investigated and inspected and should Famous Dave Ltd deem any items as not faulty a replacement or refund cannot be issued and the original item will be returned to the customer. No refund or exchange can be issued without the faulty or damaged item first being returned to Famous Dave Ltd.
12.3.2 If a customer wishes to return and exchange an item, postage charges will apply to the new item being sent out. Exchange items cannot be sent out free of charge.
12.4 Postage costs are not refundable, and return postage is the customer's responsibility, unless the product is deemed as faulty.
12.5 To ensure the safe delivery of any returns, we recommend the customer uses a recorded delivery service and retains the proof of postage. Your parcel is your responsibility until it reaches us. We cannot accept liability for goods that get lost or damaged in transit back to us.
12.6 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.
12.7 The 'Guaranteed Satisfaction' seal on a product does not constitute or represent a money back guarantee.
12.8 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.
12.9 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.
13. Promotional Codes
13.1 Any promotional code or offer code cannot be used in conjunction with any other promotion, past or present. Only one code can be used per transaction.
13.2 If a promotional code is not entered or spelled correctly during checkout, no discount can be applied to the order and no complimentary product can be added to an order after it has been placed. A promotional item cannot be sent separately or added to an order that has been placed without correctly entering the code. If an item is not showing in the shopping cart and order confirmation email it cannot be dispatched.
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.