TERMS OF SERVICE - WHOLESALE

FINILY LIMITED’s (“FINILY LIMITED” “we” “us”) website(s) (our “Site” or “Sites”) and related services are made available to you in accordance with the following Terms and Conditions, and any other rules posted on our Sites (collectively, the “TOS”). Please read the TOS carefully before placing any orders on www.finily.com. We recommend you should keep a copy of the TOS for future reference.

FINILY LIMITED is a trading name of FINILY LIMITED, a company registered in England. Our registered address is Nortex Mill, 105 Chorley Old Road, Bolton, England, BL1 3AS. Our VAT number is 399277232.

In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under 18 you must let your parent or guardian know about FINILY LIMITED’s Privacy Policy before you register to use this Site or any of this Site’s services. We reserve the right to only accept orders from those over 18 however.

We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

REGISTRATION

To use some of the services or features made available to you on this site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address info@finily.com.

The account password you provide should be unique and kept secure, and you must inform FINILY LIMITED immediately of any breach of security or unauthorised use of your account.

Registration to the website will mean you are automatically opted into our newsletters. You can unsubscribe from these at any time. 

Please refer to our Privacy Policy for information about how we use your data.

ELIGIBILITY TO PURCHASE

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the FINILY LIMITED terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to FINILY LIMITED, whose applications are acceptable to FINILY LIMITED and who have authorised FINILY LIMITED to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. In addition, FINILY LIMITED reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.

ORDERS

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.

FINILY LIMITED offers products for sale that are in stock and available for dispatch from our distribution centre. Occasionally however, we may be waiting for shipments from our suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once stock has been delivered to FINILY LIMITED. FINILY LIMITED will only take Advance Purchase orders for stock that has been scheduled for shipping. Your rights regarding Advance Purchase are the same as those for any other purchase at FINILY LIMITED. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.

If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.

ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order and completion of the contract between you and FINILY LIMITED will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in London, England and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of FINILY LIMITED.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.

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.

PAYMENT

We accept Visa, MasterCard, Maestro, and any other methods which may be clearly advertised on the Site from time to time. You can also choose to pay with PayPal. When selecting this option at checkout, you will be directed to the PayPal site to ‘Log In’ and review the amount shown before clicking ‘Pay Now’. Once this transaction is complete, you will then return to finily.com. Payment will be debited and cleared from your account upon dispatch of your order by FINILY LIMITED. 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 FINILY LIMITED, we will not be liable for any delay or non-delivery.

We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Sage Pay, a secure online payment gateway that encrypts your card details in a secure host environment.

To help ensure that your shopping experience is safe, simple, and secure, FINILY LIMITED uses Secure Socket Layer (SSL) technology.

Furthermore, 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 Site.

Customers purchasing from a country outside of the UK will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion. 

INSURANCE AND DELIVERY

FINILY LIMITED insures each purchase during the time it is in transit until it is delivered to your specified delivery address.

Please note that we aim to dispatch all orders within 1 working day, or 2 working days during busy periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. Delivery timescales shown are from the point of dispatch and not the point of ordering.  FINILY LIMITED are not responsible for any delays caused by the carrier and resulting from destination customs clearance processes.

We will take all reasonable care to to ship to your address, however we might not be responsible for non delivery or misdelivery as a result of incorrect data entry or courier failures.

COLORS

We have made every effort to display as accurately as possible the colours of our products that appear on finily.com. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any colour will be completely accurate.

INTELLECTUAL PROPERTY RIGHTS

Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below). All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by FINILY LIMITED and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

CONTENT

In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. FINILY LIMITED tries to ensure that the information on this site is accurate and complete.

You also grant to FINILY LIMITED a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated and may take up to 72 hours to be displayed but FINILY LIMITED does not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please mail info@finily.com. FINILY LIMITED reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people’s privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This site is available to the public, information you consider confidential should not be posted to this site.

YOUR RIGHTS

You have certain rights under the law. In England these include:

That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;

Certain remedies if a product is defective; and

A right to cancel faulty items.

Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.

RETURN & REFUND POLICY

You can return an item if it is faulty or not as ordered. Any Damages, Discrepancies & Returns must be notified to us within 7 days of receiving goods by e-mail to info@finily.com, quoting your order number, name, address, description of the product and reason for sending back. Once the return is approved please ensure you return it in its original condition, within 5 days of receiving the authorisation. Once we have received your returned item/s, it will be refunded or credited towards your next order within 10 working days. Returns will remain customer property until received back and signed for. Items must be returned within a returns note enclosed, containing all order details. We are not liable for the postage fee for the return of the goods and will not be responsible for any goods lost/or damaged whilst returns are held by third parties.

If any item is returned for any other reason except for it being faulty or not as ordered a 10% restocking fee will be charged at our discretion. Please note this does not bypass the fact that returns must be approved and we reserve the right to refuse any return if it is not pre approved.  

Refunds may only be credited to the same method of payment.

We are unable to offer an exchange for any returns. 

OUR RELATIONSHIP

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and FINILY LIMITED as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of FINILY LIMITED, and we shall not be liable for any representation, act, or omission on your part.

NO WAIVER

If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.

COMPLAINTS AND GOVERNING LAW

If you have a complaint about us email info@finily.com giving full details including date of purchase and order reference number where applicable and your full name and address and contact details. The TOS together with all our policies and procedures will be governed by and construed in accordance to the English law and the relevant courts of England and Wales will have exclusive jurisdiction.