TERMS & CONDITIONS
USE OF THE WEBSITE
Welcome to the Future Present website (the ‘website’). By accessing this website you agree to these terms and conditions (the ‘Terms’).
Company name: Future Present London Limited
Company number: 13033365
Where Registered: England & Wales
Registered office address: Elsley Court, 20 Great Titchfield Street, London, W1W 8BE, United Kingdom
VAT registration number: GB 380 1952 96
To be eligible to purchase Items on this Website you must:
a) be the holder of a valid debit/credit card.
b) warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
By using this site you agree to comply with, and be bound by, these Terms.
We may from time to time change these Terms at our sole discretion. By using this Website after any such change(s), you agree to comply with, and be bound by, the Terms as changed.
Unless we expressly state otherwise, the copyright and any other intellectual property rights, including but not limited to design rights, trade marks and patents appearing anywhere on this website remain our property, whether owned by or licensed to us.
You may not use any of the material on this website without our prior written permission for your own commercial purposes, whether by reproducing, copying, downloading, printing, linking to, editing, broadcasting, distributing or otherwise. You may use it for your own personal non-commercial use.
You have certain rights under the law, including that any Items you order through this Website will be of satisfactory quality, fit for their intended purpose, and will conform to your order and any description given on this Website.
We are under no obligation to provide uninterrupted access to this website. We reserve the right to restrict your access to this website at any time and for any reason.
We only supply the Items, use of the Website and any other services for domestic and private use. You agree not to use the Items, Website or any other services provided by us for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Further, you agree that we are not responsible or liable under any circumstances for any computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third-party websites.
LINKS TO THIRD PARTY WEBSITES
This website may provide links out to websites or other online resources under the control of third parties. Any such links are provided solely for your convenience. We have no control over the contents of these third-party resources. We are not responsible for the contents of any linked websites and do not endorse them in any way.
You can link to this website, so long as you do so fairly and without suggesting any affiliation, endorsement, approval or association with Future Present London Limited if there is none. We reserve the right to withdraw permission to link to our site at any time.
TERMS AND CONDITIONS OF SALE
These Terms and Conditions explain the basis under which the Seller wishes to sell and the Buyer wishes to buy the Goods for the price described at clause 4. The Buyer should read these Terms and Conditions very carefully to make sure that they understand what is agreed.
In these Terms and Conditions, the following words and phrases have the following meanings:
|‘Buyer’||the person or company purchasing the Goods|
|‘Commercial Unit’||a unit of Goods which cannot be divided without reducing its overall value or damaging the character of the unit|
|‘Confirmation of Acceptance’||the Seller’s confirmation that the Buyer’s order has been accepted and a binding agreement has been formed for the supply of Goods|
|‘Goods’||the items that the Buyer is purchasing|
|‘the Parties’||the Buyer and the Seller|
|‘Party’||either one of the Buyer or the Seller|
|‘Seller’||the person or company selling the Goods|
|‘Terms and Conditions’||this document detailing the rights and responsibilities of the Parties|
2.1 The Seller is under a legal duty to supply Goods which are of:
2.1.1 of satisfactory quality;
2.2.2 fit for purpose; and
2.2.3 as described by the Seller.
We have taken great care to ensure that the Items on our website are presented as accurately as possible. However colour clarity will depend upon your own personal monitor and we therefore cannot guarantee that the colour of the actual Item is absolutely accurate. Before placing an order please read through these Terms.
3.1 By placing an order on our website the Buyer acknowledges to have read and agreed to these Terms and Conditions. If you are unhappy with any aspect of these, then you should contact us at [email protected] before placing your order with us. We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order will be processed by sending an email to you at the email address you provide in your order form.
3.2 We will contact you by email to tell you when the Goods have been dispatched. This Confirmation of Acceptance is the Seller’s acceptance of the Buyer’s order. When the Confirmation of Acceptance is received there will be a binding contract between the Parties in accordance with these Terms and Conditions. The binding contract will only be for the Goods that are included in the Confirmation of Acceptance. It may not cover all the Goods the Buyer ordered, for example if stock is unavailable.
4. PRICE, PAYMENT AND DUTIES
4.1 We accepts payments in British Pounds & Euro's. We will soon accept payments in US Dollars. The default currency is determined by the country you are viewing from. To change the currency please select the currency you wish to use on the navigation three-line menu button, on the top left corner of the website. Goods are shipped from the UK. The UK is shipped on a Delivery Duty Paid basis, which means that all import taxes and duties will be included in the final purchase price. The service to the EU and other international territories that we ship is also a Delivery Duty Paid service. Please verify our shipping destinations at ‘Delivery and Returns’ section of the Website. Please see the Checkout page for current and accurate delivery costs, delivery times and customs/duty information. For more information, please email [email protected]
4.2 Price of any Goods will be as quoted on our site, except in cases of obvious error. We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable.
4.3 These prices include VAT (whenever applicable) but exclude delivery costs, which will be added to the total amount due.
4.4 Prices are liable to change at any time, but changes will not affect orders in respect of which the Seller has already sent to the Buyer a Dispatch Confirmation.
4.5 Occasionally, the Seller’s prices may change between the date of the order and the date of the Seller’s Confirmation of Acceptance.
4.5.1 if the new price is lower than that originally given, the Seller will charge the lower price and dispatch the Goods:
4.5.1 if the new price is lower than that originally given, the Seller will charge the lower price and dispatch the Goods;
4.5.2 if the new price is higher than that originally given, the Seller will either cancel the order or contact the Buyer to confirm whether they would prefer to cancel or pay the higher price for the Goods.
4.6 The Buyer will not refuse to pay any amount which is owed to the Seller where there is only a minor or inconsequential defect in the Goods.
4.7 We will try to keep the Website as up to date as reasonably possible but cannot guarantee that any particular item will always be available. If the Seller can't supply any item for any given reason, the Seller will refund the Buyer in case funds of the respective purchase are being held in the Seller’s account for the purchase.
5. PROMOTIONS AND CODES
5.1 The Seller occasionally offers promotional codes to loyal customers. When attempting to apply these codes, please note that some conditions apply:
5.1.1 The promotional codes have no monetary value, are non-transferable, non-exchangeable and cannot be converted into currency.
5.1.2 Items previously discounted (i.e sale items) may not be eligible for further discount, unless stated otherwise.
5.1.3 For orders containing multiple items, the discount provided will be distributed amongst all eligible items, unless stated otherwise.
5.1.4 Discounted items returned to the Seller will be refunded in the amount paid and not the original value of the item(s).
5.1.5 Some promotional codes may only be eligible when spending over a specific threshold. If the Buyer later decides to return part of the order and the new total order value falls below the mentioned threshold, the Byer will no longer be eligible for this promotion and the total refund value will be recalculated accordingly.
5.1.6 If a code is invalid or expired, a replacement will not be issued.
5.1.7 Only one code may be applied per order.
5.1.8 The Seller reserves the right to modify or terminate a promotion at any time.
6.1 The Seller will arrange for the Goods to be delivered to the Buyer. Delivery will be attempted to the address given by the Buyer for the purpose.
6.2 Dates or times for the delivery of the Goods given by the Seller are estimates and cannot be relied on as definitive. The Goods will be delivered within an estimated one to seven days depending on geographical location from the date of the Seller’s Confirmation of Acceptance. Delivery for the purposes of this clause includes attempted delivery at the delivery address given by the Buyer.
6.3 If the Buyer or anyone nominated by the Buyer to take delivery of the Goods fails to take delivery when it is attempted, the Seller may charge the Buyer any costs incurred for redelivery as a result.
6.4 The Seller currently only delivers to the mainland United Kingdom and European Union, Monaco, Norway, Lichenstein, Switzerland and Iceland.
7. PASSING OF RISK AND OWNERSHIP
7.1 The Goods will be at the Seller’s risk until delivered either to the Buyer or otherwise at the Buyer’s direction.
7.2 The ownership of the Goods shall not pass to the Buyer until the Seller has sent the Confirmation of Acceptance to the Buyer and has received payment in full, regardless of whether the Goods have been delivered to the Buyer at that date.
8. RIGHT TO CANCEL
8.1 The Customer satisfaction is always our top priority, and as such we handle each query on an individual basis to the best of our ability. While we hope that you are delighted with your order, if you are not perfectly satisfied with your goods we will happily offer you a full refund. Please read our return policy carefully to ensure you can proceed with your request as quickly as possible. All returns should be sent back to us in their original packaging provided. Please ensure when returning the parcel that the box is properly protected with the original packaging provided.
8.2 You may cancel a Contract at any time within 7 working days, beginning on the day after you received the Goods. In this case, you will receive a full refund of the price paid for the Goods in accordance with our refunds policy.
8.3 To cancel a Contract, you must inform us in writing. You must also return the Goods to us immediately (informing us in writing of your intention to return the Goods prior to postage). Failure to inform us in writing of your intention to return the Goods prior to postage may result in a delay in the process.
8.4 Upon us receiving notification of your intention to return the Goods, we shall contact you with further instructions on how to proceed with your return.
8.5 You must return the Goods in the same condition in which you received them and at your own cost and risk (we recommend that the Goods be returned via recorded and/or special delivery). The returned Goods should be in their original packaging, original designer tags, in unused and resalable condition and should be accompanied by all corresponding order details. You have a legal obligation to take reasonable care of the Goods 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.
8.6 You will not have any right to cancel a Contract for the supply of any Goods constituting underwear.
8.7 To exercise the right to cancel, the Buyer must inform the Seller contacting our customer services via the email [email protected], of the decision to cancel by a clear statement.
8.8 The Buyer will not be able to cancel this contract as described in this clause if it relates to the supply of:
8.8.1 sealed Goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;
8.8.2 Goods which become inseparably mixed with other items after delivery;
8.8.3 Goods that are made to the Buyer’s specifications or are clearly personalised;
8.8.4 Goods which are liable to deteriorate or expire rapidly;
9. EFFECTS OF CANCELLATION AND REFUNDS
9.1 If the Buyer cancels under these Terms and Conditions, the Seller will reimburse any payments received from the Buyer, including the costs of delivery (except for the supplementary costs arising if the Buyer chose a type of delivery other than the least expensive type of standard delivery offered by the Seller).
9.2 The Seller may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary or inappropriate handling by the Buyer.
9.3 The Seller will make the reimbursement without undue delay, and not later than 14 days after the day the Seller receives back from the Buyer any Goods supplied.
9.4 The Seller will make the reimbursement using the same means of payment as the Buyer used for the initial transaction, unless the Buyer has expressly agreed otherwise; in any event, the Buyer will not incur any fees as a result of the reimbursement.
9.5 The Seller may withhold reimbursement until they have received the Goods back.
9.6 If the Buyer has already received some or all of the Goods at the date of cancellation the Buyer will send back the Goods or hand them over to the Seller using the contact details below, without undue delay and immediately from the day on which the Buyer communicated their cancellation to the Seller. The deadline is met if the Buyer sends back the Goods before the period of 7 working days has expired.
9.7 The Buyer will have to bear the direct cost of returning the Goods.
9.8 The Buyer will be liable for any reduction in the value of the Goods resulting from handling the Goods, other than handling which is necessary to establish the nature, characteristics and functioning of the Goods.
10.1 You are entitled to return your order free of charge within 14 days after receiving the delivery (return must be shipped by day 14). The package may be opened upon receipt but all items returned must be unused (in the same condition received). All original packaging must also be returned unused. Items returned after 14 days of receiving the delivery will not be accepted. Please make sure all returned products are unworn, unwashed, and neatly folded in the original packaging including all designer tags. If you fail to do so, we will not accept your return. Please note we do not refund shipping fees.
10.2 If you wish to exchange to a different style, size or color, please return your unwanted item and place a new order for the desired item. We will refund your returned item once we have received it at our warehouse. Please note we do not refund shipping fees.
10.3 Before your parcel leaves our warehouse, it is fully checked and controlled by our packing team. If you receive an item which is damaged, please contact us immediately. Where provided, any designer packaging such as authenticity cards, dust bags and leather tags should be included in your return.
10.4 Footwear should be returned unmarked and in its original and undamaged packaging as this is considered part of the product. Briefs, swimming costumes and bikini bottoms should be tried on over underwear. Returns may not be accepted if the strip has been removed or if the items are soiled, and may be sent back to the customer.
10.5 If your item is faulty (i.e. received damaged or with a manufacturing fault), we can offer alternatives such as repair or exchanges. For more information, please contact our Customer Care team.
10.6 Please refer to the Return Policy section for step by step guide of how to return purchased Goods.
10.7 The Buyer is not entitled to only reject part of the Goods if the Goods form a Commercial Unit. In these circumstances the Buyer must reject all or none of the Goods.
10.8 Any refund payable under this clause will be paid within 14 days of the Seller agreeing that the Buyer is entitled to a refund. The Seller may not be able to tell whether the Buyer is entitled to a refund until they have received the returned Goods and has had an opportunity to examine them.
10.9 If the Goods are perishable, they cannot be returned after the date by which they can reasonably be expected to perish.
10.10 Nothing in this clause prevents the Buyer from seeking other remedies to which they are entitled by law.
11. LIABILITY AND INDEMNITY
11.1 Nothing in these Terms and Conditions seeks to limit the liability of the Seller for fraudulent acts or omissions, death or personal injury caused in connection with this sale of Goods, whether arising in contract, negligence, tort, breach of statutory duty or otherwise.
11.2 Neither Party shall be liable to the other whether in contract, negligence, tort, breach of statutory duty or otherwise for any loss or damage sustained by the other Party indirectly or consequentially and including but not limited to economic loss or loss of profits, goodwill or business in general.
11.3 Subject to the rest of this clause, the Seller’s total liability to the Buyer will not, in any circumstances, exceed the total amount of the price payable by the Buyer.
11.4 In the event that the Buyer or their servants or agents breach these Terms and Conditions, or are negligent in their actions, the Buyer will, to the fullest extent permitted by law, indemnify the Seller against any liability, loss, claim, damage, expense suffered by the Seller as a result.
12. AMENDMENT AND TRANSFER OF RIGHTS
12.1 These Terms and Conditions can only be amended by the agreement of the Parties in writing with signatures on behalf of both.
12.2 The Seller is permitted to assign or transfer any rights or obligations under these Terms and Conditions, or subcontract the same for performance to a third party. The Buyer is not permitted to assign or transfer any rights or obligations under these Terms and Conditions without the prior written permission of the Seller.
13. THIRD PARTIES
13.1 For the purposes of the Contracts (Rights of Third Parties) Act 1999, these Terms and Conditions are not intended to and do not confer any rights on any person who is not a Party. Any person who is not a Party does not have the right to enforce any provision of these Terms and Conditions.
14. CIRCUMSTANCES BEYOND THE CONTROL OF THE PARTIES
14.1 Neither Party shall be liable for any delay or failure to do anything under these terms and conditions due to circumstances beyond the reasonable control of that Party. Such circumstances include – but are not limited to – industrial action, lock out, trade dispute, power failure, internet outage, fire, natural disaster or outbreak of war. As soon as is reasonably possible after the discovery of such circumstances, the affected Party must notify the other Party in writing of any anticipated or existing delay or failure in performance.
14.2 If the circumstances referred to in this clause continue for a period of longer than 14 days, either Party can end the contract by giving 14 days’ notice in writing to the other. All money owing under these Terms and Conditions before the circumstances arose shall be paid immediately.
15. ENTIRE AGREEMENT
15.1 These Terms and Conditions and the Confirmation of Acceptance taken together are the entire agreement between the Seller and the Buyer and supersede any and all prior terms, conditions, warranties or representations to the fullest extent permitted by law.
16.1 Any failure or delay by the Seller in using rights or powers provided by these Terms and Conditions shall not constitute a waiver of the whole or any part of these Terms and Conditions. The partial or sole use of any rights or powers provided by these Terms and Conditions shall not prevent any additional use of the same rights or powers. The rights, powers and remedies in these Terms and Conditions are additional to the rights of the Parties provided by law.
17.1 In the event of a complaint of any nature the Seller can be contacted using the email [email protected]
18. GOVERNING LAW AND JURISDICTION
18.1 These Terms and Conditions shall be governed by and construed in accordance with English law and the courts of England and Wales will have exclusive jurisdiction in relation to them.