Our Terms And Conditions For Website Use

FREE DELIVERY

Free delivery applies to orders of £40 and over to UK delivery addresses only (This does not apply to EU or International destinations). Delivery is normally charged at £3.95 per UK delivery per individual address & additional packages. We deliver to any recognised UK address.

GENERAL TERMS & CONDITIONS

These terms apply to products ordered via www.finch&belle.com

1. SELLER

The Seller is Finch & Belle a trading name of Misirli UK Ltd. Registered in England and Wales at Companies House No. 2941920. Registered Office 340 Melton Road, Leicester LE4 7SL. VAT registration number 638421732.

2. ORDER PROCESS

2.1 The display of products on our website is an invitation and not an offer to sell those products to you.

2.2 An offer is made when you place the order for your products. We will not make a contract with you unless and until we accept your offer (see 2.5 below)

2.3 We take payment from your card, when you have placed your order and we have checked your card details. Products are subject to availability. If we are unable to supply the products, we will inform you of this as soon as possible and a full refund will be given. We do not store credit card details.

2.4 If you enter a correct email address we will send you an order acknowledgement email. This is not order confirmation or order acceptance from us.

2.5 Unless we have notified you that we do not accept your order or you have cancelled it, order acceptance and the creation of the contact between you and us will take place at the point the products you have ordered are despatched from our warehouse to be delivered to the address you have given to us. It does not take place until that stage, even though we have debited your card (see 2.3 above) or we have sent an order acknowledgement (see 2.4 above). Very occasionally an error may occur resulting in products described on our website not being the products actually available for sale. If this occurs your order will not be accepted. We may ask you whether you wish to purchase other products we may have available or the products which may have been despatched are returned to us for a full refund.

2.6 The contract will be formed at the place of despatch of the products.

2.7 All orders that you place on this website will be subject to acceptance in accordance with clause 2.5 of these terms and conditions.

2.8 We cannot guarantee that any order will be delivered by any particular date whether or not stipulated by you.

3. PAYMENT

3.1 Payment may only be made by one of the card types indicated on our website.

3.2 The price displayed for goods and services remains the same regardless of the country of delivery. For deliveries to the EU, the price includes VAT at the rate of the country of delivery. For deliveries outside of the EU (including the Channel Islands and Canary Islands), the price remains the same but VAT is not charged and customers are not entitled to any discounts or VAT refunds.

3.3 A delivery charge will be applied at the checkout, please view our delivery charges.

3.4 We do our best to make sure that prices are correctly shown but very occasionally an error may occur. We will not accept an order if there is a pricing error.

4. DELIVERY

4.1 We deliver to any recognised UK address including most British Forces Post Offices. We also offer international delivery which is subject to our International Terms and Conditions. We do not deliver to PO boxes, orders placed for these addresses will be cancelled and a full refund will be given if you have already paid for the products.

4.2 Orders may require a signature to acknowledge delivery. The signature of the person accepting delivery at the delivery address will be proof that delivery has been received by you or the person, to whom the order is addressed. If no one is available to accept the delivery you will receive a card to advise that a delivery has been attempted.

4.3. It is your responsibility to ensure the delivery address is ready and able to accept delivery of the product.

4.4 We shall have no liability to you in respect of and delay or failure to deliver a product due to circumstances beyond our reasonable control, including (without limitation) delay or failure caused by adverse weather, strikes or transport problems.

4.5 If you do not rearrange delivery or collect them from a delivery depot we nominate we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If despite our reasonable efforts we are unable to contact you or rearrange delivery or collection we may end the contract.

5. CANCELLATION

If for any reason, you wish to do so you have the right to cancel any order you have placed. Where the products have been delivered to you, you may cancel them up to 14 working days, starting from the day after the products were received, in line with the Consumer Protection (Distance Selling) Regulations 2000.

The following procedures will apply;

5.1 You can email our online Customer Services Team. If you have contacted us to cancel before delivery of your products, though your order will have been cancelled, normally delivery cannot be interrupted (except possibly if cancellation takes place within 30 minutes of order). Please refuse any delivery of cancelled products or return them to us. Most products can be returned by post or contact us to arrange for them to be returned and in the meantime you must take reasonable care of them.

5.2 For instructions on how to return an order, please visit our Returns and Refunds section. You will be liable to pay the cost of returning unwanted products back to us.

5.3 Your rights if you end the contract will depend on what you have bought and whether there is anything wrong with it, how we are performing and when you decide to end the contract. If what you have bought is faulty or mis-described you may have a legal right to end the contract and get your money back. This may also be the case if you want to end the contract because of something we have done or have told you we were going to do.

5.4 If you just changed your mind about the product within the 14 working days mentioned above your refund may be subject to certain deductions and you will have to pay the costs of the return of any goods.

5.5 Costs of Return. We will however pay the costs of return:

(a) if the products are faulty or mis-described;

(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms or there is an error in pricing or description, or because you have a legal rights to do so as a result of something we have done wrong or you are simply exercising your right to cancel/change your mind within the 14 day period.

In all other circumstances you must pay the costs of return.

5.6 Deductions. If you are exercising your right to change your mind then we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods if this has been caused by your handling of them in a way which would not be permitted in a shop. Please see our returns page for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way you must pay us an appropriate amount.

The maximum refund for delivery costs will be the cost of delivery by the least expensive delivery method we offer. For example if we offer delivery of a product within 3 – 5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost then we will only refund what you would have paid for the cheaper delivery option.

6. SPECIAL PRICES

6.1 The special prices shown are reduction form the original price charged on the website. Occasionally these prices may have applied more than six months ago.

7. GENERAL

7.1 All measurements are approximate

7.2 The reproduction of colours is as accurate as the photographic and production process will reasonably allow.

7.3 All risk in the products we supply to you, in particular the risk of any loss or damage, shall pass to you on delivery of the products to the address you specify in your order. Ownership of the products shall not pass to you until we have received payment in full in respect of such products.

7.4 If we fail to comply with these terms we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or are failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that will happen or if at the time the contract was made both we and you knew it might happen for example if you discussed it with us during the sales process.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors, for fraud or fraudulent misrepresentation, for breach of your legal rights in relation to the products supplied including the right to receive products which are as described and match information we have provided to you, of satisfactory quality and fit for any particular purpose made known to us.

We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity, or any other direct or indirect loss.

7.5 These terms constitute the entire terms on which we will provide products to you and cancel and supersedes all prior arrangements and representations, whether verbal or written.

7.6 We may amend these terms from time to time at our discretion without notice to you. Any amends will be posted on this website and will supersede any terms & conditions previously published by us.

7.7 No delay or failure by ourselves in exercising or enforcing any of our rights or remedies under these terms shall operate of a waiver of those rights.

7.8 If any one or more of the provisions of these terms should be held by any court to be unenforceable, such provision shall be validly restated to as nearly as possible , approximate the intent of the clause and, if such clause cannot be restated for any reason, shall be severable from these terms and deleted.

7.9 You may not assign or subcontract any of your rights or obligations under these terms to any person without our prior written consent. No third party shall be entitled to enforce any of these terms whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

7.10 All matters concerning and incidental to any offer or agreement for the purchase and sale of products from our website shall be in English and construed and governed according to English law and the English courts shall have exclusive jurisdiction in all such matters.

THESE TERMS AND CONDITIONS DO NOT IN ANY WAY AFFECT YOUR STATUTORY RIGHTS

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website, www.adviceguide.org.uk or call the relevant telephone number.

If your product is goods then the Consumer Rights Act 2015 says goods must as described, fit for purpose and of satisfactory quality. During the expected life span of your product your legal rights entitle you to the following:

(a) up to 30 days; if your goods are faulty then you can get an immediate refund;

(b) up to 6 months if your goods cannot be repaired to replaced then you are entitled to a full refund in most cases;

TERMS & CONDITIONS OF SALE (APPLY TO UK AND INTERNATIONAL SALES)

1 ORDERS

1.1 All orders are subject to acceptance and availability. If the item/items you have ordered is/are not available from stock your order will be cancelled and payment refunded. All prices are inclusive of VAT at the current rates and are correct at the time of entering information. However, we reserve the right to change prices without prior notice to you.

1.2 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we are not liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.

1.3 You warrant that the User information which you are required to provide when you make an offer to buy Goods via the Website is true, accurate, current and complete in all respects.

1.4 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

1.5 If you are a private consumer, you may cancel any purchase ordered by you at any time within 14 days of receipt of the Goods without incurring any obligation or liability to us.

2 OFFERS TO PURCHASE AND DESCRIPTION OF GOODS/OR SERVICES

2.1 Each Good purchased is sold subject to its Product Description which sets out additional specific terms and conditions related to that Good including, without limitation, terms and conditions concerning estimated delivery times and any warranties.

2.2 Any order made by you will be treated as an offer to purchase Goods from Us. The contract between you and Us will only be completed when We despatch the Goods to You. The sale contract is therefore completed in Leicester, England. We reserve the right to reject any offer to purchase made by You at any time.

2.3 You acknowledge that any automated acknowledgement of Your order which You may receive from Us shall not amount to Our acceptance of Your offer to purchase Goods as advertised on the Website.

3 PAYMENT

3.1 Payment can be made by major credit or debit card as indicated at the checkout. Payment will be debited and cleared from Your account before the despatch of Your Good to you.

3.2 You confirm that the credit/debit card that is being used is Yours.

3.3 All credit/debit cardholders are subject to validation checks and authorisation by the card issuer and We may share Your personal information with such third parties as are necessary to enable Us to do such checks. If the issuer of Your payment card refuses to authorise payment to Us, we will not be liable for any delay or non-delivery.

4 ELIGIBILITY TO PURCHASE

4.1 The purchase of Goods is limited to parties that lawfully can enter and form contracts on the Website under English Law. To register, you must provide Your real name, telephone number, email address, credit card details and other requested information.

4.2 The Website is available only to individuals and companies or partnerships who We, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those who have been issued a valid credit card by a bank acceptable to Us, whose applications are acceptable to Us and who have authorised Us to process a charge or charges on their credit card in the amount of the total purchase price for any Goods which they purchase.

4.3 By making an offer to buy any Goods you specifically authorise Us to transmit information (including any updated information) or to obtain information about You from third parties from time to time, including but not limited to Your credit -card number or credit reports, to authenticate Your identity, to validate Your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

5 DELIVERY

5.1 Delivery is made through either The Royal Mail First Class Recorded or Special Delivery Service or TNT or other Courier networks.

5.2 A signature will be required upon delivery at the designated delivery address as proof of delivery. Delivery commitment is for the purchased products to be delivered to the specified address.

5.3 Should no-one be available at the time of delivery then a calling card will be left asking you to contact your local sorting office to arrange collection. Proof of identity may be required when collecting products from the Royal Mail directly.

INTERNATIONAL TERMS & CONDITIONS

These terms apply to products ordered via www.finch&belle.com and relate to International orders only, being orders where, as applicable, delivery is to be made outside the UK.

1. SELLER

2. ORDER PROCESS

2.1 The display of products on our website is an invitation and not an offer to sell those products to you.

2.2 An offer is made when you place the order for your products. We will have not made a contract with you unless and until we accept your offer (see 2.5 below)

2.4 If you enter a correct email address we will send you an order acknowledgement email. This is not order confirmation or order acceptance from us.

2.6 The contract will be formed at the place of despatch of the products.

2.7 All orders that you place on this website will be subject to acceptance in accordance with clause 2.5 of these terms and conditions.

2.8 Some countries have import restrictions on certain products or materials. You are responsible for checking with local customs authorities before placing an order for international delivery. We cannot accept any responsibility for any delay or failure in the product reaching you due to any customs, legal or regulatory restrictions. We may at our discretion refuse to process an order for any product if we believe that the delivery may be subject to any restriction in the destination country.

2.9 Please note that for some international deliveries, any manufacturer warranty may not be valid, manufacturer service offerings may not be available, product manuals, instructions and safety warning may not be in destination country languages and products and their accompanying materials may not be in accordance with specific standards, specifications and labelling requirements in the jurisdiction of delivery. We do not accept any liability for any loss or liability caused due to these circumstances, including (without limitation) and delay or failure in delivery. If you have any questions on this, please raise them with us before placing your order.

2.10 You are responsible for ensuring that the product you have ordered can be lawfully imported to the destination county. When ordering from us, the recipient is the importer of record and must comply with all laws and regulations of the destination country. You are advised to make any necessary checks before ordering.

2.11 Please note, we will be complying with English law on data protection, privacy and marketing which may differ from the law in the jurisdiction of delivery. We will store and process your personal data in accordance with our Privacy Policy.

3. PAYMENT

3.1 Payment may be made by any of the methods indicated on our website. Payments shall be made in pound sterling. The exchange rate will be set by your bank or credit card provider who may also charge you an additional administration fee.

3.3 We do our best to make sure that prices are correctly shown but very occasionally an error may occur. If this should happen, we will correct the price and ask you to confirm whether you still wish to purchase the products at the correct price. If we are unable to contact you, we will treat the order as cancelled. We will not accept an order if there is a pricing error.

3.4 A delivery charge will be applied at the checkout, please view our delivery charges.

3.5 All prices are quoted and products are sold by us on a delivery duty unpaid basis. You may have to pay a customs fee or import duty before the product can be delivered to you. Further taxes, fees or levies may also be payable depending on the local laws of the jurisdiction of delivery. We cannot take any responsibility for this and it is your duty to check any additional costs of international delivery to your preferred jurisdiction before placing an order with us.

4. DELIVERY

4.1 All deliveries to destinations outside the UK may be subject to import fees, duties and taxes, which are levied by the importing country at the time the delivery arrives in your country. Any applicable fees, duties and taxes and any additional charges for customs clearance will be payable by you. Please note that you must comply with all applicable laws and regulations of the country to which the products are to be delivered. It is your responsibility to ensure the importation of the products you order is permitted in the country you specify for delivery. This may cause delay in delivery to you for which we do not accept any responsibility.

4.2 Before placing an order, it is your responsibility to check that any products ordered from www.finch&belle.com comply with state and federal in government import regulations and there are no local requirements or restrictions which may affect you receiving any of these products and you accept full risk of this.

4.3. It is your responsibility to ensure the delivery address is ready and able to accept delivery of the product, in particular that there is space for any delivery vehicle to make the delivery.

5. CANCELLATION

The following procedures will apply;

5.2 For instructions on how to return an order, please visit our Returns and Refunds section.

5.5 Costs of Return. We will however pay the costs of return:

(a) if the products are faulty or mis-described;

In all other circumstances you must pay the costs of return.

5.6 Deductions. If you are exercising your right to change your mind then we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods if this has been caused by your handling of them in a way which would not be permitted in a shop. Please see our returns page for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way you must pay us an appropriate amount.

6. RETURNS

6.1 You will be liable to pay the cost of returning unwanted products back to us.

6.2 Where a product is faulty, damaged or materially mis-described we will refund the original delivery charge and the cost of posting the products back to us via your local postal office up to a maximum of £7.50 per kg. We are not responsible for any damage or loss to products which are returned to us. We recommend that you use a recorded delivery service when returning products. We reserve the right to refuse to grant a refund in respect of any products which are retuned to us in a damaged state or which do not reach us for any reason. A proof of return and any documentation including details of any taxes paid must be obtained.

7. GENERAL

7.1 All measurements are approximate

7.2 The reproduction of colours is as accurate as the photographic and production process will reasonably allow.

7.3 The special prices shown are reductions from the original price charged on the website. Occasionally these prices may have applied more than six months ago.

7.4 All risk in the products we supply to you, in particular the risk of any loss or damage, shall pass to you on delivery of the products to the address you specify in your order. Ownership of the products shall not pass to you until we have received payment in full in respect of such products.

7.5 If we fail to comply with these terms we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or are failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that will happen or if at the time the contract was made both we and you knew it might happen for example if you discussed it with us during the sales process.

7.6 These terms constitute the entire terms on which we will provide products to you and cancel and supersedes all prior arrangements and representations, whether verbal or written.

7.7 We may amend these terms from time to time at our discretion without notice to you. Any amends will be posted on this website and will supersede any terms & conditions previously published by us.

7.8 No delay or failure by ourselves in exercising or enforcing any of our rights or remedies under this agreement shall operate as a waiver of those rights.

7.9 If any one or more of the provisions of these terms should be held by any court to be unenforceable, such provision shall be validly restated to as nearly as possible, the intent of the clause and, if such clause cannot be restated for any reason, shall be severable from these terms and deleted.

7.10 You may not assign or subcontract any of your rights or obligations under these terms to any person without our prior written consent. No third party shall be entitled to enforce any of these terms whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

7.11 All matters concerning and incidental to any offer or agreement for the purchase and sale of products from our website shall be in English and construed and governed according to English law and the English courts shall have exclusive jurisdiction in all such matters, save that we may bring any action for recovery of products or monies against yourself in a court of the jurisdiction in which you are resident from time to time, or to which a product was delivered.

THESE TERMS AND CONDITIONS DO NOT IN ANY WAY AFFECT YOUR STATUTORY RIGHTS UNDER ENGLISH LAW

DATA PROTECTION ACT POLICY

FINCH & BELLE aim to comply with the requirements of the General Data Protection Regulations (GDPR), relating to the processing of personal data in manual and electronic records.

Personal data is information that relates to an identifiable person who can be directly or indirectly identified from that information. It may include information containing religious beliefs, an individual’s racial or ethnic origin, political opinions, trade union membership, physical or mental health, sexual orientation and criminal records.

Our Commitment requires that personal data must be processed in line with the following basic data protection principles:

Information will be processed fairly, lawfully and in a transparent manner
Information will be collected for a specific and legitimate purpose
Information will be adequate, relevant and limited to what is necessary for the purpose of processing
Information will be accurate and up to date, any inaccurate data will be rectified immediately
Information will not be kept for longer than is necessary for the purpose of the information being provided
Information will be processed in line with the rights of the individual
Information will be processed appropriately for the security of personal data including protection against unauthorised or unlawful processing, accidental loss, destruction or damage by using appropriate technical or organisation measures.
Information will be processed to comply with the relevant GDPR procedures for the international transferring of personal data.

DATA STORAGE AND TRANSFER

Information stored manually or electronically, personal data will be secure as far as is practicable.

FINCH & BELLE aims to ensure that manual files holding personal data are securely held with locks and only those who should have access retain the key. In the case of computerised records FINCH & BELLE will ensure that strong passwords are established to limit unauthorised access and all laptops that are taken off site will contain necessary information only. Encrypted systems will be used where necessary. Data will not be held for longer than necessary. Arrangements for the secure disposal of both paper and electronic records have been established.

All forms of data transfer and storage must be approved by management prior to their use if not supplied by FINCH & BELLE. Devices such as floppy disks, memory sticks, USB memory modules, internal and external CD and DVD writers should be considered prohibited unless explicit management consent had been provided.

The transmission of any data from any internal source to a personal computer or storage device is not permitted.

DISCLOSURE OF DATA

FINCH & BELLE will only disclose information when an individual has provided their express consent, where we are legally obliged to do so or when there is business requirements to disclose data that is within the remit of the legislation e.g. for any employee benefits operated by third parties, for statutory payment purposes, for HR management and administration and so forth.

We will treat all data carefully and must not disclose personal data to unauthorised persons, unless there is some other legal justification.

We will check fax numbers and email addresses carefully before sending any information. If a fax or email containing sensitive material is sent to the wrong address, you must inform management immediately.

Those with access to secure documents will be subject to a strict confidentiality clause in their statement of main terms and conditions of employment. Any individual discovered to be in breach of the confidentiality, data protection or common decency with regards to documentation may face disciplinary action.

SUBJECT ACCESS REQUESTS

You have the right to be informed whether FINCH & BELLE processes personal data relating to you and to access such data by submitting a written request to the management.

You will not be charged for the supply of the data unless the request is manifestly unfounded, excessive or repetitive, or unless a request is made for duplicate copies to be provided to third parties.

FINCH & BELLE will respond to a request without delay. Access to data will be provided, subject to legally permitted exceptions, within one month as a maximum. This may be extended by a further two months where requests are complex or numerous.

You must inform FINCH & BELLE immediately if you believe that the data is inaccurate, either as a result of a subject access request or otherwise. FINCH & BELLE will take immediate steps to rectify the information.

BREACH NOTIFICATION

If a data breach is likely to result in a risk to the rights and freedoms of individuals, it must be reported to the Information Commissioners Office (ICO) within 72 hours of FINCH & BELLE becoming aware of it. As such, you must report any breaches to a member of management immediately.

Individuals will be informed directly in the event that the breach is likely to result in a high risk to the rights and freedoms of that individual.

If the breach is sufficient to warrant notification to the public, FINCH & BELLE will arrange this immediately.

This policy and the related procedures run in conjunction with our Equal Opportunities Policy and anyone who feels that they have been unfairly treated should follow the Grievance Procedure.