Terms and Conditions

 

Your access to this website, Fourby.co.uk, is subject to the following Terms of Use, which may be updated by us from time to time without notice to you. These Terms of Use constitute a binding agreement between Unpaved Tracks Ltd T/A Fourby and you.

 

You are responsible for periodically reviewing these Terms of Use for applicable changes. Your use of our website after the posting by us of any changes to these Terms of Use will constitute your acceptance of those changes. If you have any questions about these Terms of Use, please contact us by sending an e-mail to sales@fourby.co.uk

 

Should you disagree with any changes, you should immediately cease use of the Fourby website.

  

Delivery & Availability

 

We aim to have most orders despatched within 5 working days, subject to stock availability. We will endeavour to inform you of any delays as soon as possible. It is sometimes difficult to anticipate customer demand and occasionally items may be out of stock. If this is the case we will give you an idea of when stock is available (usually within 2-4 weeks). 

 

Returns

 

We have every confidence in our products. However, if you are in any way dissatisfied with your purchase you may return it to us within 7 days, in its original condition (and packaging where applicable), for a refund or a replacement. In the event of goods arriving damaged or not as ordered, please inform us within 24 hours and we will be happy to replace them. Please ensure you send all returns by a tracked delivery service as we cannot refund items broken or lost during return transit. We do not refund delivery charges or postage for returned items. Please note that a £5.00 charge will be deducted from the refund on items that are returned due to an error of the buyer to cover our shipping and restocking costs.

  

Your Use of the Fourby Website

  

You may not reproduce, duplicate, copy, sell, or otherwise transfer or commercially exploit the Fourby website (or any portion of it), unless you have Fourby’s express written permission to do so. You may only use the Fourby website in accordance with these Terms of Use and all applicable laws, rules, and regulations. In the event that Fourby believes that you have failed to comply with all terms applicable to your use of the Fourby website, you agree that Fourby has the right, in its sole discretion and without notice, to restrict your access to Fourby’s website. Fourby may also, in its sole discretion and at any time, discontinue the Fourby website, or any part thereof, with or without notice. You agree that you do not have any rights in the Fourby website and that Fourby will have no liability to you if the Fourby website is discontinued or your ability to access Fourby’s website is terminated.

 

Links


Through the Fourby website, you may be able to access links to other World Wide Web sites. Because Fourby has no control over such sites, you acknowledge and agree that Fourby is not responsible for, and has no liability with respect to, the availability (or unavailability) of such sites, for the treatment of your personally identifiable information by such sites, or for the information, products, content or other materials on, or available from, such sites or resources. If you would like information on any other site’s privacy policy, you should contact that party directly, and we encourage you to do so.

 

Purchases on the Fourby Website

  

Through the Fourby website, you may be able to purchase products. Your purchases on our website are subject to the following terms:

  

  1. Only those individuals with a valid credit or debit card or valid PayPal account may purchase from Fourby using PayPal.
  2. The cost of each item varies based on its type.
  3. In addition to the cost of the item, you will be charged postage and packing.
  4. Cash, personal cheques, cashiers/certified cheques, money orders, or any other form of payment will not be accepted. Your credit card, debit card or PayPal account will be billed when your order is shipped.
  5. Submission of your order constitutes an offer by you to purchase, and Fourby reserves the right to accept or reject your offer. Acceptance of an offer occurs when the order is shipped.
  6. Product prices include VAT but do not include any other sales, use, privilege, excise, or any other tax, duty, tariff, or assessment that may arise and payment of any such costs are your responsibility.
  7. All orders will be shipped by ground or air carrier. All goods will be shipped F.O.B. carrier and shall be delivered to the shipping address in your order. Risk of loss and title will pass to you upon delivery of the goods to the F.O.B. point. You will bear the risk of delay and increased costs of shipment.

 

Should you have questions regarding your order, contact Fourby Customer Service at sales@fourby.co.uk

 

Disclaimers

 

You acknowledge and agree that:

 

a.         YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. ANY FEATURES AVAILABLE THROUGH OUR WEBSITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. FOURBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Because our website is provided to you "AS IS," you agree that Fourby shall not be liable to you or to any third party for any delay in delivery of, or failure to deliver, any of your communications or other information you submit using our website.  Because our website is provided to you "AS AVAILABLE", you agree that Fourby shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Fourby website or of your ability to access it.

b.        Fourby also disclaims any warranty that (i) our website will meet your requirements, (ii) our website’s operation will be uninterrupted, timely, secure, or error-free, and (iii) any information or communication that may be obtained from the use of our website will be accurate or reliable (and Fourby disclaims any liability for damages that may arise from your reliance on any such information or communication) or are free of viruses or other harmful components.

c.         You assume the full responsibility and risk for any damage to your computer or other consequences that result from your downloading any information, software, or other materials through our website. Fourby shall have no liability for any damage to your computer, including loss of data that results from your downloading any such materials.

d.         Fourby shall not be responsible for any order request if it is received in an unintelligible or garbled form. However, Fourby will make reasonable efforts to notify the sending party (if the sending party is identifiable from the received order request) that the order request was unintelligible or garbled.

 

You acknowledge and agree that:

  

Limitation of Liability

  

YOU AGREE THAT FOURBY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE, OR DATA (EVEN IF FOURBY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT RESULT FROM: (a) YOUR USE OF OR INABILITY TO USE THE FOURBY WEBSITE; (b) THE COST YOU INCUR TO SUBSTITUTE FOR ANY GOODS YOU PURCHASED THROUGH THE FOURBY  WEBSITE; (c) ACCESS TO OR ALTERATION OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION IN AN UNAUTHORISED MANNER; (d) REPRESENTATIONS OR CONDUCT OF ANY THIRD PARTY RELATED TO THE FOURBY WEBSITE, INCLUDING OUR ADVERTISERS AND BUSINESS PARTNERS; OR (e) ANY OTHER MATTER RELATING TO THE FOURBY WEBSITE. (Please note that some states do not allow the limitation of liability, so this provision may not apply to you).

 

Indemnity

You agree to defend, indemnify, and hold Fourby harmless from and against all losses, costs, damages, liabilities, and expenses (including reasonable legal fees, court costs and other litigation and arbitration expenses) ("Losses") related to or arising from: (a) negligent acts or omissions or intentional misconduct with respect to your use of the Fourby website or goods purchased from the Fourby website; or (b) claims for infringement of the proprietary rights of any third party resulting from your use of the Fourby website or goods purchased from the Fourby website in violation of these Terms of Use.

  

Term and Termination

  

These Terms of Use are effective upon your use of the Fourby website and shall continue until terminated in accordance with this Section. Either party may terminate these Terms of Use at any time upon thirty (30) days’ prior written notice. Fourby also reserves the right to terminate its relationship with you at any time. Upon termination of these Terms of Use, you shall immediately cease accessing the Fourby website except to the extent necessary to effectuate any of your obligations or rights arising under any orders that are intended to continue beyond such termination. In the event collections proceedings or legal action become necessary, you agree to pay all of Fourby’s costs and fees incurred, including legal fees.

  

Intellectual Property

  

The content that Fourby provides on our website, including, but not limited to, text, graphics, images, and logos, is owned by either Fourby or the party that has provided the content to us and is protected by UK and international copyright laws. Fourby is the sole and exclusive owner of its compilation of this content on our website, and this compilation is also protected by UK and international copyright laws. Unpermitted copying of any of this content could lead to copyright infringement.

  

General

 

You agree that these Terms of Use describe the entire agreement between us with respect to its subject matter. The Fourby website was created and is operated under the laws of England and Wales. The laws of England and Wales will control the Terms of Use provided in these Terms and Conditions, without giving effect to any principles of conflict of laws. Any course of action arising out of these Terms of Use shall be determined in the English courts. If a court of competent jurisdiction finds that any provision of these Terms of Use are invalid or unenforceable, we both agree that the other provisions of these Terms of Use will remain in full force and effect.

 

You agree that regardless of any applicable law to the contrary, you cannot file a claim or course of action arising out of or related to the Fourby website or these Terms of Use more than one (1) year after such claim or course of action arose.

 

Fourby will not be liable to you or be deemed to be in breach of its obligations hereunder for any delay or failure in performance caused by acts beyond Fourby’s reasonable control, including, without limitation, acts of God, war, terrorism, accidents, fires, floods, strikes, labour disputes, mechanical breakdown, shortages or delays in obtaining supplies, materials, labour, or transportation, interruption of utility services or the Internet, acts of any unit of government or any governmental agency, or any similar or dissimilar cause.

 

©2013. Unpaved Tracks Ltd T/A Fourby. All rights reserved.