Fashion Targets Breast Cancer 2008

1.1

Welcome to the Breakthrough Breast Cancer web site. If you have a query regarding your order please call 0870 750 7027. Below please find our Terms and Conditions of Sale. Please read the Terms and Conditions carefully. When you purchase goods from our Site you are contracting with Breakthrough Promotions Limited on the terms set out here. We are completely dedicated to your total satisfaction. Please be aware that we are only deliver goods within the EU. If you have any suggestions or comments please contact us:

Fashion Targets Breast Cancer Team
Breakthrough Breast Cancer
3rd Floor Weston House
246 High Holborn
London WC1V 7EX
United Kingdom
Phone: 020 7025 2466
Fax: 020 7025 2401
Email: fashiontargets@breakthrough.org.uk

Breakthrough Promotions Limited is a wholly owned subsidiary of and gives all its taxable profits to Breakthrough Breast Cancer, a company limited by guarantee (registered number 2848982) and a registered charity (number 1062636).

1.2

Breakthrough Promotions Ltd has appointed Internet Logistics as its agent to manage and meet customer orders governed by these Terms and Conditions. Internet Logistics address:

Elmbank Storage Ltd
Elmbank House
Lodge Road
Sandbach
Cheshire
CW11 3HD
Tel: 0870 750 7027
Fax: 0870 750 7026
E-mail: fashiontargets@breakthrough.org.uk

2. The Terms

2.1

The Terms govern the supply of any goods ordered from this Site. If we accept any order for goods from you, then our agreement with you will be made on the Terms. If you do not agree with the Terms, you should not order goods from this Site.

2.2

We may modify, revise, or amend the Terms at any time at our sole discretion. We will publish the amended Terms on the Site and any new versions of the Terms will come into effect as soon as published on the Site (with the exception of orders that we have already accepted prior to any such change, which will be subject to the Terms in force at that point). If you use the Site after we have published the new Terms, your continued use of the Site indicates that you agree to be bound by the new Terms.

2.3

The Terms form the entire understanding of the parties and supersede all previous agreements, understandings, and representations relating to the subject matter. If any provision of the Terms is found to be unenforceable, this shall not affect the validity of any other provision. We may delay enforcing its rights under these terms and conditions without losing them. You agree that we may sub-contract the performance of any of our obligations or may assign the Terms or any of our rights or obligations without giving you notice. For example, the despatch of goods ordered and the payment process are dealt with by Internet Logistics Limited as an agent for Breakthrough Promotions Limited.

3. Availability of the goods supplied by the Site

We may terminate or suspend the supply of any goods displayed on the Site for support or maintenance work in order to update content or for any other reason. This may be done at any time and without notice.

4. Buying goods from this Site

4.1 Pricing policy

The prices on this Site will remain frozen until 31st December 2008 with the exception of any VAT charges. The prices for all the goods available on the Site are clearly marked in their description and are inclusive of VAT and duty (if applicable). All applicable delivery charges are also displayed on the Site. All prices are in pounds sterling.

4.2 Prior to placing your Order

Once you decide to purchase our goods via the order page, we will ask you to confirm whether the details supplied in the purchase form are correct and you will be given the opportunity to correct any input errors prior to placing your order. The Site allows you to correct any input errors as many times as you may require. You should only submit your order once you are sure that all the details supplied are correct.

4.3 Conclusion of Contract of Sale

The information relating to our goods and relevant prices are displayed on the Site, enabling you to decide whether you would like to make us an offer to purchase any such goods. Once you go to the order page of the Site, clicking to purchase any of the goods and submitting your order constitutes an offer made by you to us. Acceptance of your offer only occurs once you receive e-mail notification from us or our agent of our acceptance of your order at which point there will be a binding contract between us.

4.4 Method of payment

You can pay for the goods by credit or debit card, including VISA, Master Card, Switch or Delta or using any of the methods as detailed in the payment section of the Site. When making your payment, it is imperative that you provide the information that we specify, for example, cardholder's name as it is shown on the card and address exactly as it appears on the card statement. Your card will be debited when we confirm that your order has been accepted.

4.5 Delivery

Delivery of any goods will be by courier or post and the method of delivery and delivery time will depend on the size and nature of goods to be supplied. Goods can only be delivered to countries within the EU. We aim to deliver your order to addresses in the UK within 28 days of receipt but where possible goods will be delivered within 14 days.

4.6 Out of stocks

If any item you have chosen is not in stock, you will be emailed with the options that are available to you. We reserve the right to offer you substitute goods of equivalent quality and price. If upon delivery you are not satisfied with the goods, you may cancel the purchase and we will meet the costs of recovering the substitute goods from you. If you elect not to accept the substitute goods, you reserve the option to cancel your order, or our agent or we may hold your order if requested and will arrange to process this when we have sufficient stock level to meet your order.

4.7 Return of goods policy

Without affecting your general rights to cancel as set out in the clause below, goods that you have purchased from our Site can be returned for a full refund or for a replacement with an equivalent product (if available) if the goods are faulty, if the wrong item has been despatched or if you are simply not happy with your purchase. In this event, please contact our agent Internet Logistics in writing, by fax, or email at the address contained in Clause 1.2 above. . Please note that all returns must be organised by you within 28 days from the date of delivery to you. If you wish to arrange for us to collect the goods, you will be responsible for our direct costs for recovering the goods from you. Items must be unused, in their original packaging and labelling, and be accompanied by the original delivery note. For your protection, we advise you to return goods by recorded delivery and retain a posting receipt for any goods returned. Where a refund is claimed, you should allow 30 days for us or our agent to refund your money from the date of receipt of the returned goods. Nothing in these conditions affects your statutory rights as a consumer. In the event of a refund, the card used for the purchase will be credited with the original purchase amount (excluding the delivery charge paid or recovery charge (unless it is for substituted goods in accordance with clause 4.6)).

4.8 Cancellation Policy

You may cancel your order at any time before delivery, or by sending notice in writing within 7 working days of placing your order to the address contained at clause 1.2 above, or by fax or email. If you have received your order and you wish to cancel you must arrange for the return of the goods to Internet Logistics at your own cost and all goods must be returned to the address in Clause 1.2 within 21 days of the date that you send our agent your cancellation notice. If the goods have not been returned within this period, then you must make the goods available for collection and we or our agent reserve the right to charge you for the costs incurred in collecting the goods from you. You must retain possession of the goods and take reasonable care of them until you have returned the goods to us or our agent or we have collected them from you. When sending goods to us, you are also under a duty to take reasonable care that we receive the goods and that they are not damaged in transit. Items must be undamaged, unused, still have their original packaging and labelling, and be accompanied by the original delivery note. We will refund the full amount paid for the goods (excluding the delivery charge) within 30 days of your cancellation notice.

4.9 Warranty

We warrant that our goods will be of satisfactory quality and conform with any description attributed to them. Nothing in these Terms shall be taken to exclude or restrict your rights as consumers in respect of such goods. If there is any breach of this warranty or you are otherwise not satisfied with the delivered goods or products, you may return them to us in accordance with the procedures set out in these Terms and Conditions of Sale.

4.10 Limitation on liability

We do not, and nothing in these Terms and Conditions of Sale, shall act to exclude or limits our liability for death or personal injury resulting from our negligence, fraud or any other liability, which may not by applicable law be excluded or limited. Subject to the above terms, we shall not be liable (whether for breach of contract, negligence or for any other reason) for any loss of profits, exemplary or special damages, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising, or any loss, whether direct, indirect or consequential, incurred by you due to any delay by us, including if such delay was caused by our negligence. IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED 125% OF THE AMOUNTS PAID BY YOU FOR THE GOODS GIVING RISE TO THE LOSS.

5. Privacy and Data Protection

Breakthrough Breast Cancer does not disclose buyers' information to third parties. Cookies are used on this shopping site to keep track of the contents of your shopping cart once you have stored an item, to store delivery addresses if the address book is used, and to store your details if you select the 'Remember Me' option.

We use cookies to provide accurate monitoring reports to help us understand our users’ interests and preferences therefore ensuring that the website is as user friendly as possible. Please follow the instructions to turn on or off cookies in your internet browser.

6. Encryption

Although the Website uses encryption security software in areas where on line payment details are accepted and registration details are given, the security of information and payments transmitted via the Internet cannot be guaranteed. Any loss incurred or sustained by any User who transmits information by means of e-mail or other Internet links shall be borne solely and exclusively by such User and in no event shall any such loss in whole or part be borne by us or our agents. All credit card numbers are encrypted in the software when the order is placed using 128-bit encryption. They are only decrypted after they reach our computer. They are not held in clear text on any web site.

7. Complaints

If you have any enquiries or complaints then please address them to:

Fashion Targets Breast Cancer® is licensed by the Council of Fashion Designers of America / CFDA Foundation, Inc., USA.

8. Law and Jurisdiction

These Terms and Conditions of Sale and the supply of goods by us are governed by and to be interpreted in accordance with English law. In the event of any dispute arising in relation to these Terms and Conditions of Sale or in relation to the supply of any goods by us the English courts will have jurisdiction over such dispute.

9. Language

The process for completing the contract described at Clause 4 can only be concluded in English. No other languages are offered for the completion of any Contract.

Dated 9 April 2008