Please check the indicated box if you accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
Fallen Hero reserves the right to refuse any order that they deem invalid or fraudulent.
Fallen Hero reserves the right to (i) cancel this offer at any time; (ii) cancel or refuse any individual's benefit from it; (iii) amend these terms and conditions.
Information About Us
1.1 Fallenhero.com is a site operated by Newstead Events Limited. Our registered address is 142 Scotter Road DN15 7EQ
1.2 You can contact us:
(a) [by post, using the postal address 142 Scotter Road
(b) [using our website contact form];
(c) [by telephone, on 01724 500155; or
(d) [by email, using the email address published on our website.
Service Availability
Our site is only intended for use by people resident in the United Kingdom. If you use our site from other jurisdictions, please note that you may be liable to pay additional shipping costs and import duties. All Products listed on the site are lawfully for sale in the United Kingdom but you should check on the legality of Products in which you are interested in your own jurisdiction before you order them. Please see clause 12 below for more on this.
Your Status
3.1
By placing an order through our site, you warrant that:
(a)
You are legally capable of entering into binding contracts;
(b)
You are at least 18 years old;
(c)
You are purchasing Products for private and domestic use and not for resale in the course of a business; and
(c)
You are resident within the UK.
3.2
By placing an order through our site, you warrant that:
(a)
Provide us with all the information that we require, such as your full name, phone number, e-mail address, billing and delivery addresses and any other information that we may request from time to time.
(b)
have a valid credit or debit card issued by a bank that we accept. In certain instances, we may carry out a credit check before processing your order, for example, if you wish to have Products customised or to place advance orders on Products that are not yet in stock. We may do this to authenticate your identity and to ensure that you can make payment to us.
How The Contract Is Formed Between You And Us
4.1
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, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (the Contract) will only be formed when we send you the Dispatch Confirmation.
4.2
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.
4.3
In the event that prior to the Dispatch Confirmation, we find that we are unable to satisfy your order for any reason (such as falling levels of stock) we will attempt to make contact with you to inform you of any further action.
4.4
We do try to make sure that all information on the site is correct all the time but sometimes mistakes are made. In the event of clear error, please see clause 9 below but note for now that we reserve the right to cancel your order even after sending you the Dispatch Confirmation, right the way up to the point at which you accept delivery.
4.5
Where we have the Products in stock, we will take payment from you immediately. However, from time to time we may provide you with the opportunity to place an advance Pre orders on Products that we have yet to receive into stock. In these circumstances, we may offer you the chance to pay a deposit in order to secure your order. Once we receive the Product in question, we will check it for quality purposes and if we are satisfied, we will take the balance due and issue the Dispatch Confirmation.
4.6
Products displayed on the site are shown in full colour, but computer monitors and screens vary so we cannot guarantee that the colour you see on screen will exactly match the colour of the Product in question.
Our Status
5.1
We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
Consumer Rights
6.1
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 received 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 10 below).
6.2
To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. 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.
6.3
You will not have any right to cancel a Contract for the supply of any of the following Products:
(a)
goods that you have ordered that are perishable or where the goods are affected by matters of hygiene (e.g. earrings, underwear, swim wear etc); or
(b)
newspapers or magazines; or
(c)
audio or video recordings or computer software that you have taken out of the sealed packaging in which it was or they were delivered to you; or
(d)
shoes that show signs of wear.
6.4
Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
7.
Availability and Delivery
7.1
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances. For more information, please see our Delivery & Returns Policy.
7.2
You should try on briefs, bikini briefs and swimwear over underwear – this includes mens underwear and swimwear. If the adhesive protective strip on womenswear is removed, we will not accept the returned item under any circumstances. You may try shoes by wearing them briefly on a carpeted floor only. Shoes that display any signs of wear, whether to the soles or the uppers or anywhere else, will also be refused as returns. Shoes must also be returned in the original shoebox, which should then be wrapped so as to avoid damage in transit. Accessories such as belts, authenticity certificates and dustbags must also be returned
7.3
Faulty Products will be exchanged or refunded within six months of purchase but only where we are satisfied, on inspection, that the Product in question is faulty and that the fault has not arisen out of normal wear and tear. Damaged or soiled Products will not be accepted as returns under any circumstances.
7.4
We will only refund shipping costs where the cause of the return is our fault, e.g. the Product is faulty or is not what you ordered. In all other cases, we will only refund the purchase price. If you do not make use of our Delivery & Returns Policy when returning purchases to us, you will have to pay for the shipping of the Products yourself, though we are happy to accept returns that comply with these Terms and our Delivery & Returns Policy however they get to us. Please note that some couriers will deliver to a neighbour if there is nobody at the delivery address to sign for the parcel.
7.5
Any discrepancies with an order must be communicated to us within 2 working days from the date of receipt. We will need a copy of the Invoice that you received within your parcel, sending to us. Please email us at customerservices@fallenhero.co.uk.com immediately with a picture of the Invoice and details of the discrepancy, where we will then commence an investigation. Without the copy of the Invoice we will not be able to carry out our investigations. We reserve the right to also ask for sight of the packaging the items were sent to you in.
Risk And Title
8.1
The Products will be at your risk from the precise time you sign for delivery or someone else does this on your behalf.
8.2
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges, or at the precise time you sign for delivery (or someone else does this on your behalf), whichever is the latter.
9.
Price And Payment
9.1
The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
9.2
These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery & Returns Policy.