Terms & Conditions


Welcome to the www.fstival.com ‘website’ and ‘store’ Terms and Conditions. The FSTIVAL Group Ltd. (‘FSTIVAL’, ‘The FSTIVAL Club’, ‘www.fstival.com’, ‘we’, ‘us’, or ‘our’) provides the content of the website, unless stated otherwise. Trusted ‘suppliers’ also provide goods, descriptions and imagery for the online store.

Your use of, and access to, the ‘website’ and ‘store’ is subject to the terms and conditions set out in this notice and in our Privacy Policy, in the product-related information; and all applicable laws.

By using any part of the website, in any way, you agree to be legally bound by these Terms and Conditions of use. These Terms and Conditions constitute a contract between you and us. Terms and Conditions may be changed without notice but if this happens, we will post new Terms and Conditions online as soon as is practicable.

You are responsible for regularly reviewing these terms and conditions to ensure your continued compliance with them. If you cannot, or will not, comply with these Terms & Conditions then you must refrain from using the website.

Use of the store

The FSTIVAL Group Ltd. is the supplier of FSTIVAL and The FSTIVAL Club branded goods sold on the website. Our address is The FSTIVAL Group Ltd. 26 Victory Parade, London, E20 1GB.

Suppliers of other goods will be clearly stated in the description. Orders made on this website will be processed by us and passed on to the rightful supplier. The rightful supplier will then ship the goods directly to you, the customer. Delivery times may vary depending on the supplier. Our Terms & Conditions still stand.

By using the website, you warrant that all information that you provide to us is true, accurate, complete and current. You must immediately notify us of any changes in your personal information. You can do this by contacting info@fstival.com.

You also agree to provide us with your genuine personal details and that you will not impersonate any other legal person or company, or act in a fraudulent or deceptive manner at any time whilst using the website.

Acceptance of orders

We reserve the right to reject, for any reason, any order to purchase made by any person at any time. For example, if an item is out of stock or if we detect an error in price or description on our website.

Our suppliers reserve the right to reject, for any reason, any order to purchase made by any person at any time. For example, if an item is out of stock or we detect an error in price or description on our website.

Description of goods

Whilst we try to ensure that the website is up-to-date and contains accurate information, we cannot  (to the extent permitted by law) give warranty regarding the reliability, accuracy, or completeness of  the information on the website; including but not limited to descriptions and depictions of colours and styles.. The colour and texture of garments may also vary from those pictured.

Payment

In the event that, for any reason, we are unable to obtain authorisation for any payment that you make, we will not be liable for delay or cancellation of the order.

Risk in goods

Risk in goods will pass to you on delivery of the goods.

Property in goods

Property in goods will only pass to you when we have received and processed full, authorised, and non-fraudulent payment from you. Until then, we will retain the legal ownership of the goods. In the event of a refund, legal ownership of the goods will revert to us immediately.

Delivery

When placing an order of goods on the website you must specify a delivery option and a delivery address. We will endeavour to deliver FSTIVAL and The FSTIVAL Club branded goods to you within the estimated timescale but we cannot guarantee to do so and time of delivery shall not be of the essence or legally binding. Where you have ordered more than one item, we reserve the right to deliver each item separately.

Our suppliers will endeavour to deliver their goods to you within the estimated timescale, but we cannot guarantee that they will do so and time of delivery shall not be of the essence or legally binding. Where you have ordered more than one item, our suppliers reserve the right to deliver each item separately.

We cannot accept responsibility or liability for any delay caused by the actions or omissions of any third party.

International deliveries may incur custom duties and/or VAT charges which are to be paid by the receiver. When ordering an item through www.fstival.com to be delivered outside of the European Union, the customer agrees to pay any charges that may be incurred by the country’s customs authority. These charges will differ depending on the country; please contact your local customs authority for more information.

Receipt of goods

Upon receipt, we require you to examine the goods and you will in any case be deemed to have done so. Cancellation of your order must be made in accordance with our refunds and exchange procedure (see below). We are not obliged to offer a refund or exchange in any other circumstances. Your statutory rights are not affected.

Refunds and exchanges

If you have ordered an item from our store and you are not completely happy with it, we guarantee to refund your money provided that you inform us within 7 days of delivery of your intention to return the item; and return it to us within 14 days of receipt. The item must reach us, or the supplier, in exactly the same condition as it was when posted to you. Refunds will be credited by the original method of payment. Please allow up to 30 days for the refund to be processed. In order to return an item to us, or the rightful supplier, please email info@fstival.com informing us of the return. A returns form will be included with every purchase; kindly follow the instructions or contact us for guidance. Exchanges are subject to stock availability and you may be charged for delivery costs. We cannot refund or exchange any goods purchased from another store, sale goods, or goods made to order.

Customers are responsible for the payment of any postage costs incurred in the return of an item, unless there has been an error on our part, such as the item being faulty. We are not liable for any packages lost in the post – we therefore suggest that you return your item/s using a ‘signed for’ or trackable service. Original delivery costs will not be refunded unless there has been an error on our, or our suppliers, part.

Returning faulty goods

If you believe that your goods are faulty due to a manufacturing defect, please contact us and we will do our best to assist you. We reserve the right to use our discretion when deciding whether to replace or repair faulty and damaged goods. This will not affect your statutory rights in any way.

Distance selling regulations (“DSR”)

In addition to our returns policy, you are entitled under the DSR to cancel any item (excluding those made to order) purchased from our shop within 7 working days (beginning the day after receipt of order).

You must notify us of your cancellation in writing, and you will be responsible for all postage costs relating to your order. It is your responsibility to post the items back to us immediately.

Bespoke items are made to order especially for you and cannot be cancelled.

None of the above affects your statutory rights.

Complaints procedure

If you wish to complain about any matter, please email info@fstival.com.

Legal disclaimer

The FSTIVAL Group Ltd. (‘FSTIVAL’, ‘The FSTIVAL Club’, ‘www.fstival.com’,  ‘we’, ‘us’, or ‘our’) provides the content of the website, including our names, logos, images, pictures and any other information relating to FSTIVAL, unless provided by our suppliers which will be stated otherwise, on an ‘AS-IS’ basis and make absolutely no representations or warranties of any kind (whether express or implied by law) to the extent permitted by law, including but not limited to the implied Sale of Goods warranties of suitability for a particular purpose, satisfactory quality, security and non-infringement.

Use of www.fstival.com

You may not copy, broadcast, republish, download, reproduce, post, transmit, make available to the public, or otherwise use the content of the website in any way or for any reason other than your own personal, non-commercial use. You agree not to adapt, alter or create any work derived from the website except for your own personal, non-commercial use. If you wish to request permission to use any content of the website, please write to us requesting written permission. We reserve the right to refuse all, or any requests, on whatever grounds and we are not obliged to give you reasons for our refusal.

Intellectual Property

All materials contained on the website including but not limited to the text, images, names and logos identifying The FSTIVAL Group Ltd goods and services, or third parties and their goods and services are subject to various forms of intellectual property including but not limited to any copyright, design rights and trade marks that The FSTIVAL Group Ltd and/or third parties is, are, or may be entitled to.

Submissions

We will be delighted to receive your ideas, suggestions, submissions or proposals via the ‘contact us’ page or by email or via social media by tagging @fstivalofficial and/or @thefstivalclub and/or hashtagging #FSTIVAL and/or #THEFSTIVALCLUB (a ‘communication’) regarding the website or our goods or anything festival-related but any such communication, whether sent by invitation or otherwise, is deemed to be non-confidential and non-proprietary. Any persons sending, supplying, or causing such information to be sent to us will be considered to have done so in a non-confidential manner.

By sending us a communication you grant us, royalty-free, all rights and interests in the communication and/or its contents. You acknowledge that we may not return it to you or enter into any further correspondence with you in connection with the communication. Furthermore, by sending us a communication you warrant that it is your own original work and you have the right to make it available. You also agree to indemnify us against any and all claims arising from your sending us a communication.

Limitation of liability

Neither we nor any third party involved in the administration of the website will be liable under any circumstances for any consequential losses (whether such losses are foreseen, foreseeable, unknown or otherwise) arising from, or in connection with, the use of the website; including but not limited to: loss of profit or anticipated profit, loss of opportunity, loss of or injury to reputation, loss of data, loss of or damage to property, third party losses, loss of business, loss of goodwill or any damages.

We make no representation or warranty whatsoever that the content or functions of the website, or the server which makes its content available, will be error or virus free, provide an uninterrupted service, or that faults will be corrected.

Indemnification

You agree to defend, indemnify and hold us harmless for any loss, damages or costs which we incur as a result of your use of the website or any action you take which has an adverse effect on the website.

Prevailing terms

If there is any conflict between these terms and conditions and any other, more specific terms and conditions contained elsewhere on the website, in any of FSTIVAL’s Terms and Conditions or more precisely in any agreement between yourself and FSTIVAL, the latter shall prevail.

Severance of terms

If any provision of these terms and conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these terms and conditions and rendered ineffective as far as possible without modifying the remaining provisions of these terms and conditions, and shall not in any way affect any other circumstances of, or the validity or enforcement of, these terms and conditions.

Governing law and Jurisdiction

These terms and conditions will be governed by and interpreted in accordance with the laws of England and Wales.