Terms and Conditions of Supply
FIGOLUX LIMITED
ONLINE TERMS AND CONDITIONS OF SUPPLY OF PRODUCTS
These terms and conditions (these “Terms”) (together with our privacy policy) apply to the supply of the Products (as defined below) by us to you.
If you want us to incorporate artwork in to our Products, you will be required to provide us with the Customer Materials (as defined below) and you must ensure that you have the necessary permission to allow the Customer Materials to be used in this way. Alternatively, we can source artwork on your behalf subject to the payment of an additional fee.
Please read these Terms carefully before you submit your Order (as defined below). These Terms tell you who we are, how we will provide the Products to you and other important information.
1. DEFINITIONS
1.1 The following definitions and rules of interpretation apply in these Terms:
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Customer Materials: all images, drawings, photographs, documents, information, items and materials in any form, whether owned by you or a third party, which are provided by you to us in connection with the supply of the Products.
Installation Requirements: our recommendations for the installation of the Products set out at on our webpage at https://www.vericapta.co.uk/installation.
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Order: your order for the supply of Products, as set out in our online order form.
Products: the Products (or any part of them) set out in the Order.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Figolux Limited a company registered in England and Wales. Our company registration number is 9040760 and our registered office is at 32 Chyvelah Vale, Gloweth, Truro, England TR1 3YL. Our registered VAT number is GB 196 6939 36.
2.2 You can contact us by telephone at 01872 492711 or by writing to us at 32 Chyvelah Vale, Gloweth, Truro, England TR1 3YL or by emailing us at andy@figolux.com.
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order. You agree to inform us immediately in writing if your contact details change during the term of this contract.
2.4 When we use the words "writing" or "written" in these Terms, this includes emails.
3. YOUR PERSONAL DATA
How we use any personal data you give us is set out in our Privacy Policy https://www.vericapta.co.uk/privacy-policy.
4. OUR CONTRACT WITH YOU
4.1 In some areas you will have different rights under these Terms depending on whether you are a business or consumer. For example, business customers cannot cancel their Orders, they have different rights where there is a problem with a Product and we do not compensate them in the same way for losses caused by us or our Products. Where a term applies just to business customers or just to consumers, this is clearly stated. You are a business customer if you are buying Products wholly or mainly for use in connection with your trade, business, craft, profession or for the purpose of selling on to your own customers, even if you are an individual.
4.2 Our acceptance of your Order will take place when we email you to confirm our acceptance of your Order (“Order Confirmation”), at which point a contract will come into existence between you and us. We charge you for the price of the Products when we accept your Order.
4.3 If we are unable to accept your Order, we will inform you of this in writing and will not charge you for the Products. This might be because a Product is unexpectedly out of stock.
5. OUR PRODUCTS
5.1 Any samples, drawings, descriptive matter or advertising issued by us are issued for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the contract nor have any contractual force. You agree that the ISO 3668:2009 standard specifies how to assess coloured materials in manufacturing industries automotive, plastics, textiles, furniture etc. In contrast, visual colour matching in the graphic arts industry is described in the standard ISO 3664:2009. A Product's true colour may not exactly match that shown on your device or in our marketing materials.
5.2 You agree that colours may appear different depending on many reasons/factors/influences. There are many factors that can influence how we see colour, including: viewing conditions, light source, type of substrate, ink used, printing process and many more factors (including the light source). Computer monitors do not give an accurate representation of the colours incorporated into the Products. You further agree that Product sizes can be out by up to ±0.5% and patterns may not match when wallcovering Products are applied to walls.
5.3 If we are making or supplying the Product to measurements you provide, you're responsible for making sure those measurements are correct. For information and tips on how to measure please see our webpage at https://www.vericapta.co.uk/how-to-measure.
5.4 We can always change a Product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to make minor adjustments and improvements.
5.5 We can suspend supply of a Product in order to:
(a) deal with problems or make minor changes;
(b) update the Product to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the Product.
6. YOUR OBLIGATIONS
6.1 You agree to:
(a) provide us with Customer Materials in the electronic format using the method requested by us.
(b) comply with the Installation Requirements and the terms of the manufacturer’s warranty (if any); and
(c) ensure that the Customer Materials comply with the content standards set out in our Website Terms of Use https://www.vericapta.co.uk/website-terms-of-use.
6.2 We may also need certain information from you so that we can supply the Product to you, for example, measurements and copies of your chosen artwork. If so, this will have been stated in the description of the Products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either suspend, end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7. DELIVERY
7.1 On placing an Order you may be asked to select a delivery option with a corresponding delivery cost. Details of our delivery options and costs can be found on our website https://www.vericapta.co.uk/delivery-information.
7.2 Your Order will be fulfilled by the estimated delivery time confirmed by us, which shall be within 30 days of the date of the Order Confirmation, unless there is an Event Outside Our Control (as defined at clause 13). If we are unable to meet the estimated delivery time because of an Event Outside Our Control, we will contact you with a revised estimated delivery time.
7.3 Any dates specified for delivery are estimates only and time for delivery shall not be made of the essence by notice.
7.4 In the case of consumers and business customers, if no one is available at your address to take delivery, our carrier may leave you a note, in which case, please contact our carrier to rearrange delivery. If our carrier returns the Products to us as no one was available at your address to take delivery, we will contact you to rearrange delivery (which may incur an additional charge).
7.5 The Products will be your responsibility from the completion of delivery.
8. PRICE AND PAYMENT
8.1 The price of the Product will be the price set out on the Order.
8.2 You will own the Product once we have received payment in full.
8.3 If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
8.4 If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
8.5 If the rate of VAT changes between the date you submit an Order and the date we supply the Product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
9. YOUR RIGHTS IF YOU ARE A CONSUMER
9.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old and located within United Kingdom or the Republic of Ireland.
9.2 We honour our legal duty to provide you with Products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions (e.g. defects brought to your attention, claims for damage you cause, deciding you do not want the Products or using the Product for a purpose which is not obvious).
Summary of your key legal rights
If your Product is goods, for example a print or wall sticker, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Product your legal rights entitle you to the following:
• Up to 30 days: if your goods are faulty, then you can get a refund.
• Up to six months: if your goods cannot be repaired or replaced, then you're entitled to a full refund, in most cases.
• Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
10. YOUR RIGHTS IF YOU ARE A BUSINESS.
10.1 If you are a business customer, you confirm that you have authority to bind any business on whose behalf you use our website to purchase Products and are located within the United Kingdom or the Republic of Ireland.
10.2 If you are a business customer, these Terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
11. YOUR CANCELLATION RIGHTS IF YOU ARE A CONSUMER
11.1 If you are a consumer and you bought the Product online or via telephone, you have a legal right to change your mind.
11.2 For most of our Products bought online, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below. We do not refund any extra you have paid for express delivery or delivery at a particular time.
11.3 You cannot change your mind about an Order for:
(a) Products which are priced at less than £42;
(b) Products that are made to measure or made to meet your specifications or are clearly personalised; and
(c) Products which become mixed inseparably with other items after their delivery.
11.4 If you change your mind about a Product you must let us know no later than 14 days after the day we deliver your Product.
11.5 To let us know you want to change your mind, contact fill in the online form at Cancellation Form or print a copy of that form and send it to us by post or email to the address set out in clause 2.2 .
11.6 You have to return the Product to us within 14 days of your telling us you have changed your mind. Returns are at your own cost. You can send the Product back to us, using an established delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you do not do this and we do not receive the Product at all or within a reasonable time we will not refund you the price. For help with returns, see our Returns Process [link to returns process].
11.7 If you handle the Product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the Product's condition is not "as new", the packaging is damaged or accessories are missing. In some cases, because of the way you have treated the Product, no refund may be due.
11.8 If your Product has not been delivered, we will refund you as soon as possible and within 14 days of you telling us you have changed your mind. If you are sending Products back to us, we will refund you within 14 days of receiving the Products back from you (or receiving evidence you've sent them to us). We refund you by the method you used for payment.
12. DELAYS OUTSIDE OUR CONTROL
If our supply of the Product is delayed by an event outside our control (such as a pandemic, epidemic, fire or flood) we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we will not compensate you for the delay, but if the delay is likely to be substantial you can email us at andy@figolux.com to end the contract and receive a refund for any Products you have paid for in advance, but not received, less reasonable costs we have already incurred.
13. YOU HAVE RIGHTS IF THERE IS SOMETHING WRONG WITH YOUR PRODUCT
If you think there is something wrong with your Product, you must email us at andy@figolux.com.
14. WE CAN END OUR CONTRACT WITH YOU
14.1 We can end our contract with you for a Product and claim any compensation due to us if:
(a) you do not make any payment to us when it's due and you still do not make payment within 14 days of our reminding you that payment is due; and
(b) you do not, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the Product, for example, measurements or artwork required for Products made to your specifications.
14.2 We do not compensate you for all losses caused by us or our Products
15. INTELLECTUAL PROPERTY RIGHTS
15.1 All Intellectual Property Rights in or arising out, of or in connection with, the supply of the Products (other than the Customer Materials) shall be owned by us or our licensors. You acknowledge and agree that you have not been granted any licence to use the “FIGOLUX”, “VERICAPTA” and "LITTLE FLO" trade marks.
15.2 On receipt of a written request from you, we shall endeavour to obtain a licence from a third party provider (at your cost) to use third party artwork. The terms of such licence shall allow us to print the artwork on the Products and use the artwork for our other customers.
15.3 You grant us a non-exclusive, royalty-free, transferable, perpetual licence to copy and modify any Customer Materials for the purpose of supplying the Products to you.
15.4 You agree that the receipt and use of the Customer Materials by us shall not infringe the rights, including any Intellectual Property of any third party.
15.5 If you are a business customer, you shall indemnify us in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of, or in connection with, any claim brought against us for actual or alleged infringement of a third party's Intellectual Property arising out of, or in connection with, the receipt or use of the Customer Materials. This clause 16.5 shall survive termination of the Contract.
16. OUR LIABILITY
16.1 If you are a consumer, we are responsible for losses you suffer caused by us breaking this contract unless the loss is:
(a) unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your Order meant we should have expected it (so, in the law, the loss was unforeseeable);
(b) caused by a delaying event outside our control;
(c) avoidable. Something you could have avoided by taking reasonable action. For example, damage to the Product, which was caused by your failure to follow our Installation Requirements correctly;
(d) a business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in clause 17.2.
16.2 If you're a business customer, then, except in respect of the losses described in clause 17.3 (Losses we never limit or exclude):
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for Products.
16.3 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16.4 If you are a business customer, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.
17. RESOLVING DISPUTES WITH US
17.1 If you have any complaints, please email us on andy@figolux.com and we will do our best to resolve any problems you have with us or our Products.
17.2 If you are a business customer or consumer, you can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business customer you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.
18. OTHER IMPORTANT TERMS APPLY TO OUR CONTRACT
18.1 We can transfer our contract with you, so that a different organisation is responsible for supplying your Product. We will contact you to let you know if we plan to do this.
18.2 You can only transfer your contract with us to someone else if we agree to this.
18.3 Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
18.4 If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
18.5 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we cannot do it later.