Terms and Conditions

 

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.forevercontemporary.com (our site) to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions


Information about us

1.1 We operate the website www.forevercontemporary.com. Forever Contemporary is the trading name of Helen Richardson. The business correspondence address is Unit 10, Dunball Industrial Estate, Dunball, Bridgwater, Somerset, TA6 4TP.


Your status

By placing an order through our site, you warrant that you are legally capable of entering into binding contracts.


How the contract is formed between you and us

1,2 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, which we signify by sending you an e-mail confirming that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

1.3 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.


Changes to the terms and conditions

We reserve the right to amend these terms and conditions at any time. Please note that unless an order has already been placed these amendments will not be notified to you. It is your responsibility to check the terms and conditions before making a purchase


Consumer rights

1.4 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you receive the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 1.14 below).

1.5 To cancel a Contract, you must inform us in writing. You must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.


Availability and delivery

You will be advised of stock availability at the time of placing the order.

Your order will be fulfilled by the delivery date set out in the delivery pages unless there are exceptional circumstances.

Forever Contemporary aims to deliver items in stock within the delivery time scales outlined on the delivery pages.


Risk and title

1.6 The Products will be your responsibility from the time of delivery.


Price and payment

1.7 Payment shall be made at the point of ordering via the online payment system using PayPal. You do not need to register for a PayPal account in order to pay via this method.

1.8 Paypal accepts most major credit and debit cards. All necessary security and authorisation checks will be made at the point of payment.

1.9 All payments made to Forever Contemporary shall be in British Pounds Sterling.

1.10 Payment information must be provided by or with the permission of an adult.

1.11 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.

1.12 Product prices include VAT where applicable.

1.13 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.

1.14 If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.


Products

Whilst every effort has been made to ensure that all graphical representations and descriptions of Products available from Forever Contemporary correspond to actual Products, We are not responsible for any variations from these descriptions.

Where appropriate you may be required to select the size, model, colour, number or other features that you require.

Forever Contemporary supplies lighting equipment, some of which will require professional installation by a qualified electrician. Please consult an electrician for further information on the suitability of a particular Product. We do not warrant that any particular electrical item is fit for and particular purpose.

Our refunds policy

1.15 If you return a Product to us:

  • because you have cancelled the contract between us within the seven-day cooling-off period (see clause 1.4 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us. Products returned for this reason should be in their original packaging, unused and in the same condition as when they were delivered.
  • because the Product does not match what you ordered, you should contact us within 10 days of receiving it to arrange collection and return. You will be responsible for the costs of returning the item to us. We will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. You will be given the option to have the Products replaced with those ordered (if available) or to be refunded the price of the Product in full plus any applicable delivery charges. Refunds and replacements will be issued upon receipt of the returned Products.
  • because you consider that the Product is defective, you should contact us within 10 days to arrange collection and return. You will be responsible for the cost of returning the item to us. We will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of the Product in full, and any applicable delivery charges.
  • because you consider the Product has been damaged in transit, you should contact us by email within 48 hours to arrange collection and return. You will be responsible for the costs of returning the item to us. We will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of the Product in full, and any applicable delivery charges.

1.16 If We receive no communication from you within the time scales set out above, you are deemed to have received the required Products in full working order.

1.17 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

1.18 If you wish to return Products to Forever Contemporary for any reason, please contact us in the first instance via email at info@forevercontemporary.com to make the appropriate arrangements.

1.19 We strongly advise that Customers arrange sufficient insurance for any Products being returned. If Products being returned within the cooling off period or due to being an incorrect item, then the discretion listed below will apply to the amount of the refund.

1.20 Forever Contemporary reserves the right to exercise discretion with respect to returns. Factors which may be taken into account in the exercise of this discretion include but are not limited to:

  • Any use or enjoyment that you may have already had out of the Product
  • Any characteristics of the Products which may cause them to deteriorate or expire rapidly
  • The fact that the Products consist of audio or video recordings or computer software and that the packaging has been opened.
  • Any discounts that may have formed part of the purchase price of the Product to reflect any lack of quality made known to you at the time of purchase

Any Products which are bespoke or made to your specification will not be subject to the 7 working day cooling off period. These Products can only be returned if they are defective or damaged in transit.


Warranty

We warrant to you that any Product purchased from us through our site will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.


Our liability

1.21 Subject to clause 1.22, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.

1.22 Nothing in this agreement excludes or limits our liability for:

  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation;
  • any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
  • defective products under the Consumer Protection Act 1987; or
  • any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.


Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.


Notices

All notices given by you to us must be given to Forever Contemporary at info@forevercontemporary.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause e above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.


Transfer of rights and obligations

1.23 The contract between you and us is binding on you and us and on our respective successors and assignees.

1.24 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

1.25 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.


Events outside our control

1.26 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

1.27 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • strikes, lock-outs or other industrial action;
  • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • impossibility of the use of public or private telecommunications networks;
  • the acts, decrees, legislation, regulations or restrictions of any government; and
  • pandemic or epidemic.

1.28 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.


Severability

If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.


Entire agreement

1.29 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

1.30 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

1.31 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

1.32 Nothing in this clause limits or excludes any liability for fraud.


Law and jurisdiction

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.


Third party rights

A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.


Website terms of use


20.1 Intellectual Property

  • Subject as below, Forever Contemporary is the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
  • Please be aware that each of the various trademarks, product name etc associated with individual Products and represented on our site are the property of their individual owners.
  • You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors


20.2 Accounts

When placing an order via our site you can either register and create an account or order without registering. In both instances, by ordering Products through our site you warrant that:

  • All information you submit is accurate and truthful
  • You have permission to submit payment information, where permission may be required; and
  • You will keep this information accurate and up-to-date

If you create an account it is recommended that you do not share your account details, particularly your username and password with any one else. Forever Contemporary accepts no liability for any losses or damages incurred as a result of your account details being shared by you. If you use a shared computer it is recommended that you do not save your account details in your internet browser.

If you have any reason to believe that your account details have been obtained by another without consent, you should contact Forever Contemporary immediately at info@forevercontemporary.com to suspend your account and cancel any unauthorised purchases that may be pending. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, We accept no liability or responsibility and you should make contact directly with the carrier detailed in the Dispatch Confirmation.


20.3 Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.


20.4 Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Thank you for visiting our site.