UNITED KINGDOM AND OTHER EUROPEAN UNION TERMS AND CONDITIONS
If you are shipping to a destination outside of the UK or other EU member states, please select our USA or International site location to view applicable Terms and Conditions.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
These Terms will apply to any contract between us for the sale of Products to you (‘Contract’). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated in September 2016.
These Terms, and any Contract between us, are only in the English language.
INFORMATION ABOUT US
1.1 We operate the websites www.dearfrances.com and www.dearfrances.co.uk. We are Dear Frances Limited, a company registered in England and Wales under company number 08785438 and our registered office and main trading address is Dear Frances, Kemp House, 152 City Road London, United Kingdom, EC1V 2NX. Our VAT number is GB177287368
PRODUCTS AND AVAILABILITY
2.1 While we make every effort to ensure that the photographs displayed on our site are faithful reproductions of the original products, including adopting every technological solution possible to minimize inaccuracies, variations may occur due to the technical and colour resolution characteristics of your computer and the handmade nature of the products. Dear Frances Limited shall not be liable therefore for the eventual inadequacy of the graphic representations of Dear Frances products displayed on the Site owing to the above mentioned technical and production issues.
2.2 You acknowledge that the products offered by us with the Service are subject to stock limits.
2.3 You may check the availability of any item offered on our site at any time by checking the sizes available. Any size when selected that shows the sign SOLD OUT is sold out. Inconveniences may occasionally occur regarding the availability of certain products. In such circumstances, we will inform you of this fact as soon as possible (and in any case within the term of delivery as specified below) by e-mail or telephone. We will give you the option to order a different item of the same type or alternatively, to cancel your order. Should you opt to cancel your order no charge will be made to your credit/debit card. In the event that your credit/debit card has already been charged, you will be refunded as soon as possible.
2.4 We reserve the right to change the items offered on our site at any moment, without prior notice.
2.5 We reserve the right to reject orders from any customer with whom there is an ongoing legal dispute regarding a prior order. This applies equally to all cases in which we consider the customer unsuitable, for instance in the case of previous violations of terms and conditions for online purchases on our site or for whatever other legitimate reason, especially where the customer has been involved in irregular activity of any kind
USE OF OUR SITE
3.1 Your use of our site is governed by our:
3.2 Website Terms and Conditions; and
Please take the time to read these, as they include important terms which apply to you.
HOW WE USE YOUR PERSONAL INFORMATION
5.1 You may only purchase Products from our site if you are at least 18 years old.
5.2 You have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.2 The order procedure is completed when you select the “Confirm” option. Upon confirmation, your order will be submitted to us for processing and the order may not be changed or cancelled except as expressly provided in these Terms and Conditions or as required by the applicable law.
6.3 Confirmation of your order will be taken as proof of your acceptance of the provisions contained in these Terms and Conditions.
6.4 The data recorded on the Site shall be treated as conclusive evidence of the details of the transactions between you and us. In the event of a dispute relating to a transaction conducted on our site, the data recorded by us shall be treated as legal evidence of the transaction.
OUR RIGHT TO VARY THESE TERMS
7.1 We may revise these Terms from time to time in the following circumstances:
7.1.1 changes in how we accept payment from you;
7.1.2 changes in relevant laws and regulatory requirements; and
7.1.3 Any other reasonable circumstances.
7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the outset of these Term and Conditions.
YOUR RIGHT OF CANCELLATION
NOTE: This clause 8 only applies if you are a consumer and if you are a UK or European Community citizen. If you are purchasing Products from outside of the European Community please see clause 10 below.
8.1 You have a legal right to cancel a Contract during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product or Products, you can notify us of your decision to cancel the Contract and receive a refund. If you are a UK citizen advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.2 However, this cancellation right does not apply in the case of any made-to-measure or custom-made products and/or products made to your specification or clearly personalised.
8.3 Your legal right to cancel a Contract starts from the date of the order confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 (fourteen) working days in which you may cancel, starting from the day after the day you receive the Product. Working days means that Saturdays, Sundays or public holidays are not included in this period.
8.4 To cancel a Contract, please contact us in writing to tell us by sending an e-mail to or by sending a letter in either case headed ‘Notice of Contract Cancellation ‘to Dear Frances, Kemp House, 152 City Road London, United Kingdom, EC1V 2NX. or firstname.lastname@example.org. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
8.5 If you refuse delivery or if for any other reason delivery of the Product does not occur then the Product will be returned to us by our shipper and we shall assume less you advise us to the contrary that you have cancelled the Contract.
8.6 We recommend that you insure the return shipment as you are under a duty to take reasonable care of the Product and will be liable for damage to them until we actually receive them at our warehouse. We also recommend that you use a secure, trackable means to return your order to us. Product the subject of cancellation must be shipped to Dear Frances C/O ILG, Unit 7 Sterling Park, Industrial Estate, Gatwick road, Crawley, RH10 9TQ, UNITED KINGDOM
You should retain proof of sending, in case of a dispute.
8.7 Please note that you must cover the cost of the return shipment, as our returns policy does not apply to orders cancelled under the Distance Selling Regulations.
8.8 Product should be returned to us with their original packaging and footwear must be tried on carpeted surfaces only. Product must be unused, unworn and in an unaltered condition. Product must be sent from the country that the order was delivered to.
8.9 Subject to compliance with clause 8.8 above will refund the full value of your order, including shipping costs, within 30 days of receiving your notice of contract cancellation.
8.10 Please note you may only use your right to cancel the order under the DSRs if you give us formal written notice of cancellation any time after your order has been placed, up until 14 working days from the day after you received you order, as described above.
EXCHANGING AND/OR RETURNING PRODUCT
NOTE: For the avoidance of doubt if you are ordering Product from outside of the European Union (EU) please carefully read the Note at the beginning of Clause 8 which explains that no right of cancellation applies to you. Your only rights to return Product are set out in this clause 9.
9.1 You must upon receipt immediately check all Product you receive against your order. If the Product you receive is damaged, defective or in any way incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by post or e-mail only) as soon as possible but in any case within a reasonable period of time. Product must be returned with its original packaging and footwear must be tried on carpeted surfaces only. Product must be unused, unworn and in an unaltered condition.
9.2 We may also agree to allow any Product not falling within the above to be exchanged once following purchase subject to the requirements set out in clauses 9.3 and 9.4 below.
9.3 To return or exchange a product you will need to first notify us. Please email email@example.com. Your request must be submitted within 14 days of receipt of the goods. Once your request has been approved we will notify you of the return options available. You should not return any Product to us until these arrangements have been made.
9.4 Any return must be made in a single delivery shipment and any fragmented returns may incur additional costs payable by you to us. It is imperative that you follow our instructions for the return of your items and that all goods are shipped back to us within 7 days of the return label being raised. You will need to contact your local UPS depot to arrange for a pick-up. There is no charge to exchange items for a different size, however all exchanges are based on stock availability. Shipping is also free on the replacement item.
9.5 If you have purchased Product from us from outside the EU you are wholly responsible for the payment of all taxes and duties on any supply of Product. We cannot under any circumstances refund such taxes/duties. You must deal with this application directly with the appropriate authority. Additionally any returns of Product from outside the EU, will incur a return Shipping charge which shall be deducted by us from your credit/debit card.
9.6 We recommend that you retain proof of sending, in case of a dispute.
9.7 Any refunds given by us will be made to the debit/credit card account provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged or degraded on return.
9.8 Please note card refunds may take up to 10 business days for your bank to complete, depending on their processing time. This can vary greatly between card issuers, and unfortunately we are unable to influence this.
9.9 This returns policy does not affect your legal and statutory rights.
PRICE OF PRODUCTS AND DELIVERY CHARGES
10.1 Our site contains a large number of Products. It is always possible that, despite our efforts to the contrary, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or alternatively you may cancel your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
10.2 UK VAT is applied to all orders shipping to the EU. The prices shown on this website are inclusive of UK VAT.
10.3 Sales made to customers outside of the EU are dealt with in clause 11 below.
INTERNATIONAL SALES AND DELIVERY
11.1 We ship DDU (delivery duty unpaid) to certain destinations outside the EU. Product prices displayed on our website are inclusive of UK VAT. If you have selected a country outside the EU to ship to, please ensure you select the rest of world site, www.dearfrances.com. No VAT will be shown in the price when shipping outside of the EU. As the recipient, you are liable for all import duties, customs and local sales taxes levied by the country you are shipping to; payment of these is necessary to release your order from customs on arrival. We are unable to advise or predict the amount. You alone shall be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
11.2 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
11.3 We are unable to ship certain products outside the EU including products made of or containing CITES restricted materials. We will make an effort to indicate on the product pages if the product will not ship outside the EU. In checking out, based on your shipping destination, you may be blocked from checking out with these products in your cart and you will need to either remove them or change your ship to destination to proceed with your order.
12.1 Your order will be fulfilled by within one working day of receipt. If we receive your order before 16:00 London local time UK, it will be processed and shipped that same working day unless there is an Event Outside Our Control. (This phrase is this defined below). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date. Estimated delivery times by country can be viewed here.
12.2 Delivery will be completed when we deliver the Products to the address you gave us.
12.3 Please make sure that the shipping address is correct as we’re unable to redirect orders once they are on their way to you.
12.4 Before we can dispatch your order, we may need to confirm your details with your card issuer. We will do our best to keep delays to a minimum.
12.5 We insure each purchase whilst in transit and until it is delivered to you. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by us and transfer of responsibility in the same way.
HOW TO PAY
13.1 You can pay for Products using a debit card or credit card. We accept the following cards: Visa, Visa Debit, Mastercard, Maestro, American Express. We also accept payment via PayPal.
13.2 Payment for the Products and all applicable delivery charges is in advance.
OUR LIABILITY IF YOU ARE A CONSUMER
14.1 This clause 14 only applies if you are a consumer.
14.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
14.3 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.4 We do not in any way exclude or limit our liability for:
14.5 death or personal injury caused by our negligence;
14.6 fraud or fraudulent misrepresentation;
14.7 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
14.8 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
14.9 defective products under the Consumer Protection Act 1987.
EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 An ‘Event Outside Our Control’ means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
15.4 we will contact you as soon as reasonably possible to notify you; and
15.5 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
COMMUNICATIONS BETWEEN US
16.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
16.2 If you are a consumer:
16.3 To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you must contact us in writing by sending an email to firstname.lastname@example.org or by sending a letter to Dear Frances, Kemp House, 152 City Road London, United Kingdom, EC1V 2NX in either case headed ‘Notice of Contract Cancellation.’
16.4 OR please contact our Customer Services by email on email@example.com. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
16.5 If you wish to contact us in writing for any other reason, you can send this to us by email at firstname.lastname@example.org or by pre-paid post to Dear Frances, Kemp House, 152 City Road London, United Kingdom, EC1V 2NX.
16.6 If we have to contact you or give you notice in writing, we will do so by e-mail, by pre-paid post to the address you provide to us in your order, or by phone.
OTHER IMPORTANT TERMS
17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of your Contract to the recipient of the gift without needing to ask our consent. You must however tell us in writing (which shall include email) that you have done this.
17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient by you of your gift of a Product will have the benefit of a Contract made between us and the original purchaser, but neither we nor you will need their consent to cancel or make any changes to these Terms.
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
17.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
17.8 We will not file a copy of the Contract between us.
18.1 “Content” refers to all of the text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other material that is referenced herein and posted on the internet and/or social media.
18.2 We do not claim any copyrights in the content. However, by agreeing to these terms you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize the content in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction or notification, and without compensating you in any way, and to authorize others to do the same.
18.3 In addition, you grant us the right to include the name provided along with the content submitted by you; provided, however, we shall have no obligation to include such name with our use of such content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with the content that you submit or license to us. You represent and warrant that you have all rights necessary for you to grant the licenses granted herein. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the content that you may have under any applicable law under any legal theory. Finally, you waive any and all claims relating to copyright infringement and/or any invasion or misappropriation of the right of privacy or publicity and warrant that we do not need permission from any other party, including those of parents or other subjects in the content.
18.4 To signify your acceptance and understanding of these terms and to grant Dear Frances Limited the rights described above please reply with #DearFrances.
- ABOUT US
You can contact us by email email@example.com (open from Monday to Friday, 9.30am to 6pm GMT).
- WHAT PERSONAL DATA DO WE OBTAIN PERSONAL DATA AND HOW DO WE USE THIS
Dear Frances collects personal information from you directly in several ways, such as when you place an order or send us any communication or submit any information through our site. We may also use your personal information to send you marketing updates but only ever in accordance with your preferences (as detailed in Paragraph 5 (Marketing and Opt-Out Provisions)). We may also use your personal data to manage and improve our business and site and to keep internal records and maintain reasonable archives, including anonymous statistical data about browsing actions and patterns, which does not identify any individual.
We may generate personal information ourselves, including in the course of providing you with any service or registration or operating our website or processing an order or performing a contract or in connection with the processing of any payment or arranging for any delivery, return or exchange. These details allow us to process your order and to let you know the status of your order.
In respect of any saved card details, we will only ever store the card type, the last four digits of the card used and the expiry date and such card details will never be shared with third parties and will only be used to process your order, using our payment partner’s safe payment platform systems. To help ensure that your shopping experience is safe, simple and secure, Dear Frances uses Secure Socket Layer (SSL) technology.
- WHO WE SHARE YOUR PERSONAL INFORMATION WITH
We do not sell your details to third party marketing companies. We may obtain and disclose personal data to third parties (including intermediaries) as necessary to process any order or provide any service to you, including carrying out any checks, processing or recovery of any payment, carrying out delivery of any goods or exchanges or collection of any returns, to enforce or administer any contract or deal with any claims.
Saved card details will never be shared with third parties (other than for the purpose of processing a payment to us) and will only be used to process your order, using our payment partner’s systems. To help ensure that your shopping experience is safe, simple and secure, Dear Frances uses Secure Socket Layer (SSL) technology.
Where any functionality of our website is clearly designed to make information public (e.g. a public forum), any information you provide in relation to that forum or other functionality, which is provided in such circumstances where it is clear that it is intended to be published, will be disclosed to the public accordingly. We may supply customer personal data to a government authority or regulator where required to comply with a legal requirement, for the administration of justice or where reasonably required to protect your vital interests.
- MARKETING AND OPT-OUT PROVISION
We may use your contact information to send you alerts (by email or other method) for new products, features, enhancements, special offers, upgrade opportunities, contests, events of interest and marketing promotions. When you register for an account or submit an order, you will be given the option to opt-out of subscribing to our alerts.
We do not sell or otherwise pass your details to third parties for marketing purposes. Marketing communications you subscribe to will only be sent by Dear Frances.
At all times, we will offer you the opportunity to unsubscribe out of any service or update to which you have subscribed, if you change your mind. Any email we send you will contain an easy automated unsubscribe link so that you can opt-out of that particular mailshot. Simply follow the indications in the email. Alternatively, you can change your email preferences or opt out of all emails by logging into
“My Account” page.
- HOW YOU CAN ACCESS AND CHANGE YOUR PERSONAL INFORMATION ON www.dearfrances.com
If for any reason you are concerned that the personal information held by Dear Frances is not correct, please visit the website and, after logging into the site using the “LOG IN” menu on the home page, your personal information will be made available for review and change in the “MY ACCOUNT” page. Only you or, upon your request, Dear Frances customer service may access your personal data from our website. Information may be changed online within your “ACCOUNT DETAILS”, “ADDRESS BOOK”. You may also contact us by email at firstname.lastname@example.org and we will amend your personal details.
- SAFEGUARDING YOUR PERSONALLY IDENTIFIABLE INFORMATION
We will take reasonable care to maintain appropriate safeguards to ensure the security, integrity and privacy of the information you have provided us with. When you place an order or access your account information, we use a Secure Socket Layer (SSL) encryption, which encrypts your information before it is sent to us to protect it from unauthorised use and we will only ever store the card type, the last four digits of the card used and the expiry date and such card details will never be shared with third parties and will only be used to process your order, using our payment partner’s safe payment platform systems. We take care to make our site secure and all credit or debit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secure host environment.
- YOUR LEGAL RIGHTS
We process your personal data in accordance with the United Kingdom Data Protection Act 1998 (the “Data Protection Act”), which governs personal data generally, including your rights. We also process customer personal data in accordance with the United Kingdom Privacy and Electronic Communications(EC Directive) Regulations 2003, which governs use of telephone numbers, fax numbers and email addresses for unsolicited direct marketing.
You have the right to ask us to stop using your customer personal data for any purpose that is causing you substantial damage or substantial distress, which is unwarranted. You have the right to ask us to stop using your customer personal data to carry out direct marketing to you, including sending you advertising or marketing material. You have the right to ask us to change, erase, block or modify any inaccuracies in your customer personal data.
The applicable laws are regulated by the Information Commissioner (www.ico.gov.uk) in the United Kingdom. You may have the right to claim compensation for damage you suffer. In addition to your rights above, it is open to you, if you have a complaint or concern, to seek assistance from such government regulator.
- WHERE AND HOW TO ASK QUESTIONS OR FILE COMPLAINTS
WEBSITE FUNCTIONALITY COOKIES
These cookies enable you to browse the website and use our features such as shopping baskets and wish lists.
WEBSITE ANALYTICS COOKIES
We use these cookies to measure and analyse how our customers use the website. This allows us to continuously improve our website and your shopping experience.
CUSTOMER PREFERENCE COOKIES
When browsing or shopping online, the website will remember preferences you make (for example your user name, language or location). This makes your browsing experience simpler, easier and more personal to you.
By using our website you agree that we can place these types of cookies on your device and access them when you visit the site in the future. If you want to delete any cookies that are already on your computer, please refer to the help and support area on your internet browser for instructions on how to locate the file or directory that stores cookies. Information on deleting or controlling cookies is available at www.aboutcookies.org. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our site.