1. Our undertakings regarding the Web site

1.1 We will exercise all reasonable care in compiling the content of the Website which we provide to you subject to these Terms and Conditions.

1.2 We will use all reasonable efforts to ensure that the Web site is available at all times, (but please see the limitations and reservations which we set out in the next section).

2. Limitations and reservations: availability of the Web site

2.1 We do not represent that access to the Website or any part of it will be uninterrupted, reliable or error free nor do we represent or warrant to you that it will be accurate, complete or reliable.

2.2We reserve the right in our sole discretion to:

2.2.1 deny access to the Website or any part of it to you without notice to you whether or not you are in breach of these Terms and Conditions;

2.2.2 modify or withdraw, temporarily or permanently the Web site in whole or in part without notice to you.

2.3 We provide the Website on an “as is” and “as available” basis and make no representations of any kind with respect to the Website or its contents, whether in terms of accuracy, completeness, suitability for any purpose of the information and related graphics or otherwise.

2.4 The content of the Website may contain technical inaccuracies or typographical errors but the liability of French Gray arising from any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

2.5 Your use of the Website is entirely at your own risk.  We shall not be liable for any losses whether direct or indirect which you may suffer as a result of any defect in the Web site including server failure, access delays or interruptions, data loss or non-delivery and delays in provision of services, breaches of security whether arising from unauthorised use or “hacking” or otherwise or for the consequences arising from or related to any viruses or other disruptive elements transmitted through its servers, or any liability, costs, loss of profits, contracts, business or anticipated savings or other consequential losses arising from your use of, or inability to access the Website. Whether such losses were within the contemplation of either party at the date on which the event giving rise to the loss occurred. We give no warranty that any material you download will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks for your own protective purposes.

2.6 None of the exclusions or limitations above shall

2.6.1 limit any rights you may have as a consumer or other statutory rights which may not be excluded or restricted;

2.6.2 exclude or restrict our liability for death or personal injury caused by our negligence;

and each of them shall be construed as a separate and severable provision of these Terms and Conditions

2.7 Certain links including hypertext links on the Website will take you outside this Website.  Such links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content.  We are not responsible for the content of any web site other than this Web site or any goods or services which may be purchased from any third party owned web site.

3. Purchase and delivery of the Products

3.1     To order Products you will need to follow the ordering procedures set out on this Website. Prices of the Products, packaging and carriage are also displayed.

3.2    French Gray is not responsible for any aspect of the Product if its appearance or purpose is not in accordance with your expectations.

3.3 We are entitled to refuse any order placed by you without stating any grounds for such refusal. On receiving your order, we shall confirm acknowledgement of your order to you by return email to the email address you have given us on ordering. The order will then be fulfilled by the date (if any) set out in any confirmation or else within 30 days.

3.4 Any times or dates for delivery of the Products you have ordered indicated on the Web site or stated in our order confirmation or elsewhere are estimates only. We shall make every reasonable effort to deliver the Products within any time specified but we do not accept any liability for any failure to deliver within any time limit.

3.5 You must pay the Product price and packing and delivery charges (multiplied by the quantities of Products you order) and any applicable taxes (“Price”) at the time of the order by the methods specified by us. The Price is the price and charges in force at the date of your order. The Price is displayed on the Web site and We may change Prices of Products at any time before you order them. We make every effort to ensure that the Prices shown on the Web site are accurate but the Price on your order will need to be validated by us if we accept your order. We shall inform you if a Product’s correct Price is higher than that stated on your order and you may cancel the order and decide whether or not to order the Product at the correct Price.

3.6 You acknowledge that the Products shown on the Web site shall be deemed in law to constitute an invitation to treat. Your order amounts to an offer to purchase the Products at the Prices shown in the Web site. Any acknowledgement of the order is not deemed an acceptance of a contract between us and you but merely a receipt of the order. We will send formal confirmation of the order which will specifically state that we have accepted your offer and which will form the basis of a contract between you and us.

3.7 Subject to the receipt of full payment of the Price by us you will become the owner of the Products you have ordered when they are delivered to you.  Delivery to you shall be by Royal Mail or courier in accordance with the details (inclusive of any export restrictions or special terms) and at the rates shown on the Web site.  Once the Products have been delivered they will be held at your own risk and we shall not be liable for their loss or destruction.

3.8 If the Product you have ordered is unavailable we will contact you to discuss an alternative option or substitute of the Product.

3.9 You undertake that all details you provide to us in addition to content for the purpose of purchasing the Products will be correct and that in particular the credit or debit card or any electronic method of payment you use is your own and that there are sufficient funds or credit facilities to cover the cost of any Products ordered. We reserve the right to obtain validation of your credit or debit card or other means of payment before shipping any Products to you.

3.10 No credit terms are available to any of our customers.    

4. Cancellation

4.1 You may cancel your contract with us for the Products you order at any time up to the end of  the seventh working day from the date you receive the ordered Products.

4.2 To cancel your contract with us within seven days of receiving the Products you must notify us in writing.

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

4.4 For the avoidance of doubt clause 4.1 and 4.2 will not apply to any custom made products ("custom products") ordered or commissioned by you and such custom products will be expressly excluded from the seven day statutory returns policy in clause 4.1 and 4.2.

4.5 Once you have notified us that you are canceling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the Products 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 Products delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the Products from the amount to be re-credited to you.

4.6 We reserve the right to cancel our contract with you in the event that we have insufficient stock to deliver the Products you have ordered or if we do not or cannot deliver the Products to the delivery address you have given us but in the event that we do cancel the contract, we will notify you by email or telephone as appropriate and re-credit any sums deducted from your credit or debit card as soon as possible. We are not obliged to offer any additional compensation for any disappointment or other loss suffered by you.

5.      Liability and disclaimers: Products

5.1 We warrant that the Products you purchase will correspond to their description on the Website and that they will be of satisfactory quality and will be fit for their reasonable purposes. We exclude all other express or implied terms, conditions, warranties, representations and endorsements whatsoever with regard to the Products. In the event that the Product itself is not of satisfactory quality or fails to correspond with its description or is not fit for its reasonable purposes, our liability in these respects shall be either to replace your order or else to reimburse to you the costs you have paid.

5.2 If the Products we deliver to you 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 in writing at our contact address of the problem within 7 working days of the delivery of the Products in question.

5.3 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 Products 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 Products you purchase.

5.4 Notwithstanding the exclusions or limitations of our liability in these Terms and Conditions, nothing herein shall limit your rights as a consumer under English law or exclude our liability for death or personal injury caused by our negligence.

5.5 Save as stated, we are not liable, in contract, tort (including, without limitation, negligence) for any pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Products for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings) or any loss of goodwill or reputation or any special or indirect or consequential losses, in any case whether or not such losses were within the contemplation of either party at the date on which the event giving rise to the loss occurred.

6.      Privacy Policy

We acknowledge that Content and other information submitted by you will contain “personal data” relating to yourself and possibly other people. Our use of such personal data is regulated by the Data Protection Act 1998.The way in which we treat such personal data is regulated by our (Privacy Policy.doc).  As a customer, you acknowledge and agree to be bound by the terms of our Privacy Policy.

7.      Intellectual property

7.1   You understand that all rights in the design, text, graphics and other material on this  Website and the selection or arrangement thereof are the copyright of French Gray or other third parties. There may also be moral rights, design rights, database rights and trade marks belonging to French Gray or certain third parties. The French Gray text and logo is our trade mark.

7.2   We grant you permission to electronically copy and print in hard copy portions of our Web site solely in connection with your own private information gathering purposes.  Any other use of the Web site content (including reproduction for purposes other than those noted above and alteration, modification, distribution or republication) without our prior written permission is strictly prohibited. For the avoidance of doubt you agree that you will only use this Website for your own private purposes and that you shall not exploit the Web site or any of its contents for any commercial purpose.

7.3    No permission is given by French Gray in respect of the use of any third party owned trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the owners rights.

8.      Entire agreement

These Terms and Conditions constitute the entire agreement between you and French Gray with respect to your use of the Web site and the purchase of Products from the Web site and supersedes any previous arrangement, agreement, undertaking or proposal whether set out in writing or agreed verbally between you and us.  No verbal explanation or information given by either party shall alter the interpretation of these Terms and Conditions.

9.      No representation

You agree that you have not relied on any representation save insofar as the same has been made expressly as a representation within these Terms and Conditions.

10.     No waiver

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless we acknowledge and agree otherwise in writing.

11.     Severance

If any provision of these Terms and Conditions is held by a court of competent jurisdiction or other lawful authority to be invalid or unenforceable, then such provision shall be construed as nearly as possible to reflect the intentions of the parties with all other provisions remaining in full force and effect.

12.     Events beyond our control

We shall not be liable to you for any breach of these Terms and Conditions or any failure to provide or delay in providing any information through this Web site or deliver any of the Products resulting from any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.

13.     Assignment

We may, but you may not assign any rights or transfer, sub-contract or delegate any obligations under these Terms and Conditions. These Terms and Conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third parties.

14.     Third parties

Nothing in these Terms and Conditions shall create any right or entitlement, whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise, in favor of any person other than you and French Gray.

15.     Territory and Applicable law

These Terms and Conditions shall be governed and interpreted in accordance with English law in the exclusive jurisdiction of the courts of England and Wales.

The Web site is controlled and operated by French Gray in England.  We have used our reasonable endeavors to ensure that the Web site complies with the laws prevailing in the United Kingdom of Great Britain and Northern Ireland but French Gray makes no representation that the materials on the Web site are appropriate or available for use in jurisdictions other than the United Kingdom.  If you are visiting the Web site from elsewhere, you do so on your own initiative and you are responsible for compliance with all applicable laws.  IF YOUR USE OF OR VIEWING OF THE WEBSITE IS IN ANY WAY CONTRARY TO ANY APPLICABLE LAW IN YOUR OWN JURISDICTION, YOU ARE NOT AUTHORISED BY FRENCH GRAY TO USE OR VIEW THE WEBSITE AND YOU MUST EXIT IMMEDIATELY.

© French Gray Limited 2008.  All rights reserved