Terms and Conditions

The small print | Terms and Conditions
1. The contract between us

A contract between us and the customer will only be formed when goods are dispatched. When goods are dispatched this brings into existence a legally binding contract between us. We do not have to accept payments and can choose to cancel orders at any point before dispatch.

2. Price

2.1 The prices payable for goods that you order are as set out in our website

2.2 You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website. If your address is in a remote location we will contact you with shipping options before your order is shipped if necessary.

2.3 Prices are set at GB Pound Sterling rates, prices in other currencies will therefore fluctuate relative to the exchange rate against the website price in GBP.

3. Right for you to cancel your contract

3.1 In accordance with the Consumer Protection (Distance Selling) Regulations 2000 “The consumer has the right to cancel within seven working days for most goods and services. This period runs from the day the contract was concluded for services, and from the day after the day of delivery for goods.”

3.2 Further to this we offer the right to return goods within 7 days from receipt of the goods.

3.3 If you wish to cancel your order, the easiest method is to via paypal, or to email hello@festivalspecs.com.

3.4 You must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.

3.5 Once you have notified us that you are cancelling your contract, any sum debited to us from your original method of payment will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.

3.6 If the goods are not returned in the condition they were sent we reserve the right to charge the cost of recovering the goods directly to you.

3.7 When returning products to us we recommend that sunglasses are returned in the packaging in which they were received.

3.8 Unfortunately return postage cannot be refunded.

4. Cancellation by us

4.1 We reserve the right to cancel the contract between us if:

4.1.1 We have insufficient stock to deliver the goods you have ordered;

4.1.2 We do not deliver to your area; or

4.1.3 Payment/delivery details could not be verified, or the order is considered fraudulent.

4.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us via original method of payment or cheque as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

5. Delivery of goods to you

5.1 All orders are sent either via Royal Mail. Most goods will require a signature on delivery, therefore if you are not available for delivery you may need to contact the delivery company to re-organise delivery or to collect the goods from a depot if convenient.

5.2 Deliveries will be made to the given delivery address, the address given will be the address to which the goods are sent. For any amendments to the delivery address, we must be notified by email prior to the processing of your order.

5.3.1 We aim for delivery of all mainland UK orders within 1-2 working day (non-mainland deliveries usually take 1-3 working days) but delivery may take longer in exceptional circumstances. For UK deliveries goods cannot be classified as missing in the post until 15 working days have passed since the day of posting. We cannot take any action during this period, but will immediately make enquiries and re-send orders if delivery hasn’t been made following the 15 working day period.

5.4 We cannot be held responsible for failed deliveries, either due to an incorrect address or unavailability of a signature on delivery. If goods are returned to us for these reasons we can re-charge for postage and handling, or deduct the cost if a refund is requested.

5.5 Upon delivery of your order you will become the owner of the goods, they will be held at your own risk and we cannot be held liable for their loss or destruction.

5.6 If an item is delivered to you and has been damaged in transit, please ensure that you sign for the goods as “damaged” or “unchecked”. Please then contact us and we will explain the procedure, the goods must be held until we have notified the delivery company. Alternatively please refuse the delivery.

5.7 All orders are sent with duties and taxes to be paid by the recipient. Duties will be assessed by the importing country based on current laws governing imports. In the event of a product return from a UK VAT exempt country, state or territory the customer will be responsible for any taxes and surcharges incurred and will have to pay these prior to receipt by Festival Specs.

6. Liability

6.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us, by email or in writing at our contact address, of the problem immediately and in any case within 10 working days of the delivery of the goods in question. Therefore if the goods ordered are a gift it is advisable to check the contents immediately. If items have been damaged in transit we must be notified as soon as possible.

6.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us, by email or in writing at our contact address, of the problem within 40 days of the date on which you ordered the goods. If you notify a problem to us under this condition, our only obligation will be, at your option:

6.2.1 To make good any shortage or non-delivery;

6.2.2 To replace or repair any goods that are damaged or defective; or

6.2.3 To refund to you the amount paid by you for the goods in question in whatever way we choose.

6.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.2 above.

6.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

6.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

7. Payments

7.1 Payments can be made through credit/debit card using PayPal via a requested payment invoice. We also accept bank transfers, as well as payments by cheque and cash.

7.2 Debit and credit card payments will be subject to AVS checks, if payments are not confirmed by the card issuer or fail these checks, dispatch may be delayed. It is therefore imperative that billing details are accurately entered.

7.3 All payments are checked before dispatch, dispatch can occasionally be delayed if/when payments are investigated further.

7.4 Where payment details are different to the billing address the order may be subject to enhanced security checks which can occasionally slow down dispatch.

8. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at:

FESTIVAL SPECS

Or by emailing hello@festivalspecs.com you must include your name, order number, transaction id and date of order, and all notices from us to you may be displayed on our website from to time.

9. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

10. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

11. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.

12. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

13. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

14. Entire agreement
These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

15. Email Communication
By ordering from FESTIVAL SPECS, signing up for a newsletter, or an introductory offer you opt in to our email communication. Our occasional marketing email can be stopped simply by clicking the unsubscribe link on the bottom of any email.