1. Application
These terms apply to and govern all Contracts under which FineWhiteLinen.com, its affiliates, subsidiaries, agents or contractors acting on its behalf, agree to supply goods and services, and shall prevail over any terms and conditions of the customer, whether referred to in the customer's order, or in correspondence and elsewhere, or implied by trade custom practice or course of dealing. Any purported provisions to the contrary are hereby excluded or extinguished. No variation of these terms shall be effective unless previously agreed in writing. Any waiver by FineWhiteLinen.com of any breach of these terms shall be valid only if given in writing.
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2. Relationship
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these terms. These terms are between you and FineWhiteLinen.com and are not intended to be for the benefit of any third party.
3. Merchandise
It is the customer's responsibility to ensure that upon receipt of merchandise from FineWhiteLinen.com that they check the item thoroughly and advise FineWhiteLinen.com within working five days of any issues regarding the item in question.
4. Returns
FineWhiteLinen.com wish to ensure you are entirely delighted with your purchase! We will accept a return on any item, for any reason. In this instance the item must be returned within five working days in the same condition in which it was sent, and your money will be refunded upon safe receipt by FineWhiteLinen.com. It is recommended that the customer keep the packing materials so that, if need be, they can return the item back to FineWhiteLinen.com as carefully as it had been packed for delivery. If, for any reason, there is a problem, please contact FineWhiteLinen.com first so that we can assist you. Your satisfaction is our highest priority. We do not refund the shipping and insurance fees, either for our shipment to you or for your return shipment to us. All shipments are required to be insured for both outward and inward for the full value of the item.
5. Pricing and payment
FineWhiteLinen.com accept payment by Paypal (Paypal.com)
for International customers or Bank cheques for UK based customers. If you pay by personal cheque, merchandise will be held 10 days from receipt of cheque or until such time as the funds are cleared, whichever is the sooner. You will be notified by email when your item has shipped.
6. Delivery
The dates for delivery of goods, materials or execution of activities detailed in any quotation or acknowledgement of orders are approximate only. If, in the case of a contract or order involving more than one delivery, a payment default is made in any respect, FineWhiteLinen.com shall have the right to suspend any further deliveries or activities pending payment, or to terminate the contract in its entirety.
7. Retention of Title
Title to any goods shall only pass to the customer upon payment in full of all sums owing or due to FineWhiteLinen.com, whether under that contract or otherwise. Until such payment the customer shall store the goods in such a way as to show that they are the property of FineWhiteLinen.com.
8. Transfer of risk
Risk in the goods or material passes upon delivery to the customer's premises. Where material is transmitted electronically risk will be deemed to have passed to the customer at the point of transmission, whether by FineWhiteLinen.com or another supplier.
9. Copyright
Copyright of all material originated by FineWhiteLinen.com, either in the form of pre-contract documentation or as text, images, research papers or electronically stored code for the manipulation, transmission and presentation of information, remains vested in FineWhiteLinen.com. By separate negotiation and upon payment in full, copyright may be assigned or licensed to the customer.
The logo, content, design, text, graphics, underlying source code and all other material on this web site are subject to copyright with all rights reserved by FineWhiteLinen.com. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use for any public or commercial purpose this site without the prior written permission of FineWhiteLinen.com.
10. Disclaimer of warranties
The good and services available through FineWhiteLinen.com are provided on an "as is" and "as available" basis and without warranties of any kind either express or implied. To the fullest extend permitted by applicable law, FineWhiteLinen.com expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. FineWhiteLinen.com makes no warranty that services will be uninterrupted, timely, secure, or error free. FineWhiteLinen.com makes no warranty regarding any goods, services, or the delivery of any goods or services, purchased, accessed or obtained. No advice or information whether oral or written, obtained by you from FineWhiteLinen.com shall create any warranty not expressly made herein.
11. Limitation of liability
To the fullest extent permitted by applicable law, under no circumstances shall FineWhiteLinen.com be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of sales, profit, revenue, goodwill, downtime, use, data or other intangibles (however arising in Tort, Contract or otherwise) regardless of FineWhiteLinen.com's negligence or whether it knew or should have known of the possibility of such damages, even if FineWhiteLinen.com has been advised of the possibility of such damages, that result from the provision of goods or services by FineWhilteLinen.com The limitations of the liability provided in these terms inure to the benefit of FineWhiltLinen.com, it's affiliates and to all of its' respective officers, directors, employees, attorneys and agents.
12. Force Majeure
FineWhiteLinen.com shall not be liable to the customer for any loss or damage which may be suffered by the customer as a result of the delivery of goods, material or the execution of a contract being delayed prevented hindered or made uneconomic by reason or circumstances or events beyond the control of FineWhiteLinen.com including but not limited to:
(a) Act of God, or riot, strike, lock-out, trade dispute, labour disturbance, restriction or ban on overtime, accident, fire, flood or storm difficulty; or
(b) Failure by the customer to give adequate instructions or supply the necessary information in due time; or
(c) Failure by any third-party to carry out their part of the work or otherwise perform their obligations when required.
13. Indemnification
The customer agrees to indemnify, defend and hold harmless FineWhiteLinen.com, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers from and against any and all claims, demands, actions, costs, expenses, liabilities, losses and damages of any kind (including attorneys' fees) resulting from any violation of these terms or any act by you (including negligent or wrongful conduct). FineWhiteLinen.com reserves the right to report any wrongdoing, if it becomes aware of it, to any applicable government agencies or otherwise.
14. Claims and jurisdiction
Any action hereunder must be brought, if at all, within one (1) month from the accrual of the cause of the action. These terms shall be governed by and construed in accordance with English Law. In any action to enforce these terms the prevailing party will be entitled to costs and attorneys' fees. Any suit relating to these terms shall be brought exclusively in the English Courts and both Parties consent to the jurisdiction thereof.
15. Notices
Notices to FineWhiteLinen.com shall be by certified mail, return receipt requested, sent to FineWhiteLinen.com, 1C Marryat Square, Wyfold Road, London, SW6 6UA, United Kingdom.
16. Electronic signatures
You agree that any document or record, including these terms, which is transmitted or received electronically shall be treated in all manner and respects as an original signed document where sufficient indicia of your acceptance exists. You further agree that you shall accept electronic signatures or other reasonable electronic indicia as effective forms of acceptances. Such indicia of acceptance shall be considered for these purposes as an original signature and any such electronic transmission shall be considered to have the same binding legal effect as an original signed document. You agree that you shall not raise electronic transmission or electronic signatures as a defense to these Terms or the binding nature thereof.
17. Miscellaneous
In the event that one or more portions of these terms shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in these terms. The headings and numbers used throughout these terms are solely for the convenience of reference and are not to be used as an aid in the interpretation of these terms. The delay or failure of FineWhiteLinen.com, at any time or times, to require performance of any provision hereof shall in no manner affect its right at a later time to enforce such provision. No delay or failure of FineWhiteLinen.com in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder.
You may not assign your rights or delegate your responsibilities hereunder without the express written permission of FineWhiteLinen.com. FineWhiteLinen.com may, at any time, assign its rights or delegate its obligations hereunder without notice to you.
No person not a Party to these terms is intended to be a beneficiary of these terms, and no person not a Party to these terms shall have any right to enforce any term of these terms.
18. Inquiries To make inquiries of FineWhiteLinen.com please refer to the for contact details.
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