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Terms & Conditions of Sale ( Consumers  and Businesses)

These terms & Conditions comply with the following:-

1.       The Consumer Protection (Distance Selling) Regulations
2.       The Price Marking Order 2004

(1)      Introduction

You will be asked to expressly agree to these terms of sale before you place an order for products from our website.

(3)      Order process

The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

In order to enter into a contract to purchase products from us, you will need to take the following steps e.g.:-

(i) You must add any the products you wish to purchase to your shopping cart, and then proceed to the checkout;

(ii) If you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details;

(iii) Once you are logged in, you must confirm your order and your consent to these terms of sale

(iv) You will be transferred to the Online Secure encrypted Payment section

(v) We will then send you an initial acknowledgment;

(vi) Once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

The only language in which we provide these terms of sale is English.

Before you place your order, you will have the opportunity of identifying whether you have made any input errors by at the checkout section of the website. You may correct those input errors before placing your order.

(4)      The products

We reserve the right to add, include or withdraw products as necessary at any time.

Important
Caravan, Motorhome Awnings

Please note that we rely  entirely on customer information when they order an awning for their vehicle. Fiammastore.com does not accept any responsibility whatsoever  in the event that customers order the wrong size awning for their vehicle. Once the awning is taken out of the packaging and erected upon the caravan or motorhome, it will be deemed as being used and Fiammastore.com will no longer accept the goods back for exchange.

(5)      Price and payment

Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product’s correct price will be stated [when you pay for the product].

In addition to the price of the products, you [will/may] have to pay a delivery charge, which will be as shown in the basket / shopping cart.

Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.

The prices on the website include all value added taxes (the current percentage rate applies).

Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.

(6)      Your warranties

You warrant to us that:

(a)        You are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;

(b)        The information provided in your order is accurate and complete and you will be able to accept delivery of the products.

(7)      Delivery policy

We will use reasonable endeavours to deliver products as soon as is reasonably possible or the date for delivery set out in our order confirmation.  However, we cannot guarantee delivery on specific dates.  We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 14 days of the later of receipt of payment and the date of our order confirmation.

Important Notice:-
All goods require a signature as proof of delivery.
It is the customers’ responsibility to be present when deliveries are made.  If the customer is not present when goods are delivered, they will be carded and will have to either collect the goods themselves from the depot stated upon the courier card or arrange re-delivery.  Failure to do so will result in the goods being returned to us, and an extra carriage charge, the same amount as the previous delivery costs, will be required before the goods can be redelivered to the customer’s address.

NB: Please refer to Deliveries & Returns Page regarding delivery costs, postcode exceptions and overlength items.

(8)      Risk and ownership

The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:

(a)        Delivery of the products

(b)        Receipt by us of full payment of all sums due in respect of the products (including delivery charges).

Until ownership of the products has passed to you, you will possess the products as our fiduciary agent and bailee

We will be entitled to recover payment for the products even where ownership has not passed to you.

(9)      Consumers: returns policy

This Section applies to consumers

You may cancel a contract to purchase a product or products at any time within 7 working days after the day you received the relevant products or products.

If you cancel a contract on this basis, you must inform us in writing / via email and return the products.  We will give you the relevant return address.  Goods must be returned to our suppliers in the same condition in which you received them; That is, in original condition, and in original and undamaged packaging. Products returned by you in accordance with this Section will be refunded in full (excluding the original cost of delivery to you). However, you will be responsible for paying the cost of returning the product to us.
Returned awnings will incur a restocking & handling charge which is set at 15%  of the value of the product.

If you cancel a contract on this basis and you do not return to the products to us, we may recover the products and charge you for the costs we incur in doing so.

(10)    Consumers: statutory rights

Nothing in these terms of sale affects any statutory rights you may have as a consumer.

(11)    Refunds

If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.

(12)    Force majeure

In this Section and Section [15] below, “force majeure event” means:

(a)        Any event which is beyond our reasonable control;

(b)        The unavailability of raw materials, components or products; and/or

(c)        Power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.

Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event.

[If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing our obligations under these terms of sale, we will notify you forthwith.]

[We will take reasonable steps to mitigate the effects of the any force majeure event.]

(13)    Limitations of liability

Nothing in these terms of sale will limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude, liability.

Subject to this:

(a)        We will not be liable for any losses arising out of a force majeure event;

(b)        We will not be liable in respect of any defect in the products arising from fair wear and tear, wilful damage, accident, negligence by you or a third party use otherwise than in accordance with the manufacturer’s or our instructions or recommendations, or any alteration carried out by you or any third party

(14)    Scope of these terms of sale

These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.

(15)    General terms

Images of products on our website are for illustrative purposes; actual products may differ from such images.

We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use.

Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.

You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale.   Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under these terms of sale.

Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

Subject to the first paragraph of Section [15]: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.

These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.

(16)    About us

Our full name is

46 Westhaven Estate
Cosheston
Pembroke Dock
Pembrokeshire
SA72 4UL

Tel: 01495 214501

Our principal trading address is as above

Our company registration number is  06877274

Our email address is info@fiammastore.com

Our VAT number is 118 9689 62