TERMS AND CONDITIONS
www.formesbrand.com is operated by FORMES WEAR OÜ (hereinafter referred to as “we”, “us” and “our”), a private limited company registered in Estonia, European Union, having company number 14713933, and its registered office being at Kreenholmi tn 38-80, 20205, Narva, Estonia.
By using our website and/or placing an order for products electronically you (the “customer”) confirm your agreement to our terms and conditions as set out below, and which may be modified from time-to-time at our sole discretion. If you do not agree to any such modification to the terms and conditions, you must immediately stop using our website.
1. All electronic orders for products from our website shall constitute an offer by the customer to purchase the same products at the same price and in accordance with these terms and conditions.
2. The customer shall be responsible for ensuring the accuracy of the details provided on the electronic order form and we will not be obliged to accept an order unless all details requested have been entered correctly.
4. No order submitted by the customer shall be deemed to be accepted by us unless and until we confirm acceptance of your order. The order will be processed once payment for the order has been received in full. All orders remain subject to availability, and we will endeavour to fulfil each order as quickly as possible, however, such fulfilment may remain subject to certain factors outside of our control and we shall not be held responsible for delays and supply issues caused by third parties or force majeure circumstances.
5. We, acting at our own discretion, reserve the right at all times not to accept your order for any reason and, in any case, without accepting any liability to you. Examples of occasions upon which we may not accept your order are as follows, but not limited to (i) we are unable to obtain authorisation for your payment; (ii) shipping restrictions apply to a particular item; (iii) the item you have ordered is out of stock; (iv) the item ordered does not satisfy our own stringent quality control standards and we have withdrawn it from stock; or (v) you do not meet the eligibility criteria set out within these terms and conditions.
6. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion, subject to the laws of EU. We will not be liable to you or to any third party by reason of our withdrawing any merchandise from the website, refusing to process a transaction, or unwinding or suspending any transaction after processing has begun.
7. After submitting an order to us, we will send you an order confirmation email. This email will include your order number, details of the products you have ordered from us and delivery details. Please note that this email is an acknowledgement of your order and is not an acceptance of your order.
8. The products may differ slightly from the images shown on the website. This may be caused by your display settings on your computer/device. Some of our garments have been created by taking existing surplus materials, products and artefacts and reworking them into completely new products. As a result of this upcycling process, no two FORMÉS upcycled garments are identical and may include some inherent faults and/or characteristics of the original materials, products and artefacts used to make them. Sizes and measurements are approximate only, although we will use reasonable endeavours to ensure compliance between the website and what we deliver to you.
9. Prices quoted in the website exclude VAT (added at the checkout if you are a EU resident), and exclude delivery costs, which will be automatically added to the total amount due to us from you, when you view the items in your shopping bag and have selected the preferred delivery method. Delivery charges can be found in the “Delivery and Returns / Customer Care” section on our website.
10. We reserve the right, by giving notice to the customer at any time before delivery to increase the price of the products to reflect any increase in the cost to us, which is due to any factor beyond our control (such as, without limitation: (i) any foreign exchange fluctuation; (ii) a significant increase in the costs of labour, materials, and/or other costs of manufacture).
11. In the unlikely event of there being such an increase in the price of the products, the customer shall be entitled to cancel the order at any time before delivery.
12. We accept payments by most major credit and debit cards issuers and may also accept other methods, as may be advertised on our website from time-to-time.
13. When we provide any products to the customer under these terms and conditions, payment will be charged according to the relevant payment method chosen by the customer on the website order form.
14. By placing an order you, the customer, consent to payment being charged to your credit/debit card (or other permitted payment method) as provided.
15. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery, and before delivery you shall be required to either: (a) rectify the problem; or (b) arrange for any alternative payment method.
16. We take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.
17. We will issue you with an order confirmation email to your email address once the transaction has been completed and will send you a further e-mail and tracking number once the products have been dispatched to the relevant address.
Limitation of Liability
18. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you, the customer, for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of this agreement by reason of any delay in performing, or any failure to perform, any of our obligations in relation to this agreement, if the delay or failure was due to any cause beyond our reasonable control.
19. If we are prevented from carrying out of obligations in the above circumstances, we will notify you in writing. If we are still prevented from carrying out our obligations 4 weeks from the date of such notice, then either party may give written notice to the other cancelling the agreement. If the agreement is cancelled in this way we, subject to your statutory rights, accept no liability to compensate you for any loss or damage caused by our failure to perform the terms of this agreement.
20. We will attempt to ensure that the information available on the website is at all times accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after having become aware of, or being notified of, the same.
21. All drawings, photographs, descriptive matter and specifications of the products on the website are for the sole purpose of giving an approximate description of the products.
22. We may also change, suspend or discontinue any aspect of the website, including the availability of any features, products, information, database, or content, or restrict access to parts or all of the website without notice or liability to you as the customer.
23. We may change, withdraw, or suspend access to the website (in whole or in part and permanently or temporarily) with or without notice and with no liability to you.
The website may include links to other websites or resources. We have no control over the content of these websites and shall not be held liable in any way for their content or operation.
Intellectual property right and right to use
24. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of our website or provided to you as a product (or part of a product(s)) purchased from our website in accordance with this agreement, shall remain at all times vested in us and/or our licensors. You are permitted to use this material only if expressly authorised by us or our licensors in writing.
25. You acknowledge and agree that the material and content contained within our website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose.
26. Any other use of the material and content of our website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, or create derivative works, of such material and content.
28. We may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if we do so we will post any such changes on the website.
29. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected.
30. EU law will apply to this Agreement, and the parties agree to submit to the non-exclusive jurisdiction of the EU courts.
31. The headings in this Agreement are for convenience only and will not affect their interpretation.