These Terms and Conditions are the standard terms for the sale of goods by Francone Ltd. to consumers for domestic and private use by consumers. Please refer to Our specific Business Terms of Sale to others than consumers.
- Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
means any day of the year;
Means the delivery service, whom We shall use to dispatch the Goods to you;
means the contract for the purchase and sale of Goods, as explained in Clause 3;
means the goods which are to be supplied by Us to you as specified in your Order (and confirmed in Our Order Confirmation);
means a calendar month;
means your order for the Goods, made via Our Website, email or other means;
means Our acceptance and confirmation of your Order as described in Clause 3;
means information about the Goods, pricing, and your legal rights that We are required to provide under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
means the price payable for the Goods;
- for Goods delivered in the UK:
Francone Bespoke Taps at The Old Vicarage, the Stree, South Stoke, RG8 0JS, Reading, United Kingdom;
- for Goods delivered in the EU and rest of the World:
Francone Bespoke Taps at MBE Corso Roma 123/B, 28021 Borgomanero (No), Italy;
means a special offer price payable for the Goods;
means Francone Ltd. and
- Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by email, text message, fax or other means.
- Information About Us
- Francone Ltd a limited company registered in England & Wales under number 07784873, whose registered address is The White House, Mill Road, Goring, RG8 9DD and whose main trading address is at 24-26 East Street, East Vie Place, Reading, RG1 4AW, United Kingdom.
- Our VAT number is GB122490637
- The Contract
- These Terms and Conditions govern the sale of goods by Us, via Our Website, by email or other means and will form the basis of the Contract between Us and you. Before submitting your Order you should ensure that you have read these Terms and Conditions and the Pre-Contract Information carefully.
- Nothing provided by Us including, but not limited to, information provided on Our Website, given over the telephone, sales and marketing literature, price lists and other information constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
- A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation.
- You must ensure that the Order Confirmation is complete and accurate and inform Us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you.
- No variation of the Contract can be made after it has been entered into unless the variation is agreed by Us in writing.
- By placing an Order, you agree to us giving you confirmation of the Contract by means of the Order Confirmation.
- We may decline to accept an Order from you for any reason. As examples only, We may decline to accept an Order from you if the Goods are not available from stock or if there has been a pricing error by Us on Our Website, in Our sales and marketing literature or in descriptions provided by Our salespeople.
- Description and Specification of Goods
- We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided on Our Website, in Our sales and marketing literature and descriptions provided by Our salespeople. We cannot, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate due to differences in the finish reproduction, etc.
- Any description is for illustrative purposes only and there may be discrepancies in the size and finish of the Goods supplied due to Goods being handmade and not machine crafted.
- We are required by law to supply Goods that conform to the Contract. If you receive any Goods that do not conform to the Contract, please refer to Clause 8.
- If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any verbal descriptions, sales and marketing literature, price lists or any other information We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, you have received the wrong Goods, you may return the Goods to Us as provided in Clause 8. If as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Goods.
- We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.
- All Goods which appear on Our Website, in Our sales and marketing literature and in descriptions provided by Our salespeople are subject to availability.
- All Orders for Goods made by you via Our Website, per email or otherwise will be subject to these Terms and Conditions.
- In the case of the Goods being made or customised to your special requirements, it is your responsibility to ensure that any information or specification you provide to Us is accurate.
- Orders for Goods being made or customised to your special requirements cannot be changed or cancelled.
- Subject to Clause 5.3 you may change your Order at any time before We dispatch the Goods by contacting Us. Requests to change Orders do not need to be made in writing.
- If your Order is changed, We will inform you of any change to the Price in writing.
- Subject to Clause 5.3 you if you change your mind, you may cancel your Order at any time before We dispatch the Goods by contacting Us. Please refer to Clause 9 for details of your cancellation rights.
- We may cancel your Order at any time before We dispatch the Goods in the following circumstances:
- The Goods are no longer in stock and We are unable to re-stock (if, for example, the Goods are discontinued); or
- An event outside of Our control takes place (please see Clause 11 for events outside of Our control).
- If We cancel your Order under sub-Clause 5.5 and you have already paid for the Goods, the payment will be refunded to you within 14 Calendar Days.
- We shall have the right to make changes to the Goods which are necessary including but not limited to comply with any applicable law or safety requirements. We will notify you of such changes if it effects your Order.
- Irrespective of whether the Order has been acknowledged by email or you have made payment, We reserve the right to make adjustments to the price payable in the event of any increase in suppliers’ prices, any increase in VAT or other taxes/duties and/or if due to an error or omission in the price stated on Our Website, in Our sales and marketing literature or in descriptions provided by Our salespeople. In the event that any adjustment to the price is made by us, we will give you the opportunity to cancel the order and will return any money already paid by you if you opt to cancel because of an adjustment made by us to the price.
- Price and Payment
- The Price of the Goods will be that given by Us or shown in Our Website at the time of your Order.
- If We offer a Special Price, the Special Price will be valid for the specified time or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement and/or on Our Website. If the Special Price requires a promotion or voucher code and you are unable to provide a valid promotion or voucher code when making your Order, the Special Price will not be available to you. Orders placed during the validity period of a Special Price will be accepted at the Special Price even if We do not accept your Order until after the period has expired.
- Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.
- We have made every reasonable effort to ensure that Our Prices, as shown on Our Website, in emails, pricelists or sales material are correct. Prices will be checked when We process your Order. If the correct Price of the Goods is lower than that shown, you will be charged the lower Price. If the correct Price of the Goods is higher than that shown, We will inform you and ask you how you wish to proceed.
- All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment from you.
- Our Prices include the cost of delivery to addresses in the UK, EU and USA except otherwise stated. For other locations the cost of your chosen delivery method will be added on to the final sum due. For further information please see https://bespoketaps.com/pages/orders-delivery
- All payments for Goods must be made in advance before We can dispatch the Goods to you.
- We accept the following methods of payment:
- Credit card;
- Bank transfer;
- We may add a percentage as surcharge for the use of credit cards.
- Credit and/or debit cards will be charged no later than when We dispatch the Goods to you.
- If you do not make any payment to Us by the date on which that payment is due, We may charge you interest on that sum at the rate of 4% per annum above the base lending rate of Barclays Bank Plc from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.
- Please note that delivery may not be possible to all locations.
- Please note that estimated delivery dates may vary according to the availability of Goods and your location. For further information regarding Our lead delivery times please see https://bespoketaps.com/pages/orders-delivery
- Delivery will be deemed to have taken place when the Goods have been turned over to the Chosen Carrier.
- If for any reason the Chosen Carrier is unable to deliver the Goods at your chosen delivery address, the Chosen Carrier will leave a note informing you that the Goods have been returned to the Chosen Carrier's distribution centre, requesting that you contact them to arrange re-delivery.
- If you or your nominee fail, through no fault of Ours, to take delivery of the Goods at the delivery location, We may charge the reasonable costs of storing and redelivering the Goods.
- You own the Goods once We have received payment in full for them.
- No liability is accepted by Us in respect of late deliveries. Please do not commence any installation work, book plumbers or other tradespersons until the Goods have been received and thoroughly checked for damage or discrepancies.
- We shall be entitled to make partial deliveries or deliveries by instalments. Each instalment shall be a separate agreement to which all the provisions of these Terms and Conditions shall apply.
- For international Orders, you may need to pay import duties or other taxes, as such are not included in the Price. We advise you to contact your local customs office for a customs estimate before placing an Order so that you are not surprised by these charges when your Goods arrive.
- Faulty, Damaged or Incorrect Goods
- By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact Us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.
- Beginning on the day that you receive the Goods (and ownership of them) you have a 30 Calendar Day right to reject the Goods and to receive a full refund if they do not conform as stated above. If you do not wish to reject the Goods, or if the 30 Calendar Day period has expired, you may request that the Goods are repaired or replaced. Within the first six months after you have received the Goods, you are entitled to a repair or replacement unless We can prove that the defect was not present at the time you bought the Goods. After the first six months, you must prove to Us that the defect was present at the time of purchase in order to qualify for a repair or replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In some cases, if repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund.
- If you request a repair or replacement during the first 30 Calendar Day period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 Calendar Days remain out of the original period, it will be extended to 7 Calendar Days.
- If, after a repair or replacement, the Goods still do not conform (or if We cannot repair or replace them, as described above, or have failed to act within a reasonable time and/or without causing you significant inconvenience), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
- If you exercise this final right to reject the Goods more than six months after you receive them (and ownership of them), we may reduce any refund to reflect the use you have had out of the Goods.
- Within a period of six years after you receive the Goods (and ownership of them), if the Goods do not last a reasonable length of time (depending upon their nature), you may be entitled to a partial refund. Please be remember that after six months have passed since you received the Goods, the burden of proof will be on you to prove that the defect or non-conformity existed at the time of delivery.
- Please note that you will not be eligible to claim under this Clause 8 if We informed you of any faults, damage or other problems with the Goods before your purchase of them; if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage including but not limited to improper installation, maintenance or cleaning. Please also note that you may not return Goods to Us under this Clause 8 merely because you have changed your mind. If you are a consumer, you have a statutory right to a 14 day cooling off period within which you can return Goods for this reason. Please refer to Clause 9 for more details.
- To return Goods to Us for any reason under this Clause 8, you may do so by post or another suitable delivery choice to Our Returns Address. We will be responsible for the reasonable costs of returning Goods under this Clause 8 and will reimburse you where appropriate.
- Refunds (whether full or partial, including reductions in price) under this Clause 8 will be issued within 14 Calendar Days of the day on which We agree that you are entitled to the refund.
- For full details of your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
- Your Right to Cancel If You Change Your Mind
- Subject to Clauses 9.3 and 9.4 as a consumer you have a statutory right to cancel your Contract with Us up to 14 Calendar Days after the Goods come into your physical possession (i.e. you or another person identified by you taking delivery of the Goods under sub-Clause 7.4). You may cancel your Contract and return the Goods to Us for any reason under this right. If you wish to cancel your Order before receiving Our Order Confirmation or if you wish to cancel the Contract after receiving the Order Confirmation but before We have dispatched the Goods, sub-Clauses 9.2, 9.7.2 and 9.9 will apply.
- If you wish to exercise your right to cancel under this Clause 9, you must inform Us of your decision. You may do so in any way that is convenient to you. Please ensure that you inform Us of your decision to cancel before the period in sub-Clause 9.1 expires. (Note that the cancellation period is defined as whole Calendar Days. If, for example, you send Us an email or a letter by 23:59 on the final day of the cancellation period, your cancellation will be valid and accepted.) Alternatively, please contact Us:
- By telephone on +44(0)8081964800;
- By email on firstname.lastname@example.org or
- By post at Francone Limited, The White House, Mill Road, Goring, RG8 9DD – Berkshire, United Kingdom.
- Please note that your statutory right to cancel does not apply for bespoke Goods and Goods made or customised for you.
- Please note that your statutory right to cancel may be lost in the following cases:
- If the Goods have been damaged through your actions, negligence or abuse;
- If the Goods have been improperly maintained and/or cleaned incorrectly;
- If the Goods show signs of attempted installation, whether or not in original packaging;
- If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;
- If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.
- You must return the Goods to Us no more than 14 Calendar Days after the day on which you have informed Us that you wish to cancel under this Clause 9.
- You may return Goods to Us by post or another suitable delivery service of your choice to Our Returns Address as specified in Clause 1.1.
- Refunds under this Clause 9 will be issued to you within 14 Calendar Days of the following:
- The day on which We receive the Goods back; or
- If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
- Refunds under this Clause 9 may be subject to deductions in the following circumstances:
- Refunds may subject to deductions for any diminished value in the Goods resulting from your excessive handling of them. For the purposes of this Clause 9, “excessive handling” means any more handling than is reasonably required to ascertain the nature and characteristics of the Goods in question (e.g. no more than would be permitted in a shop).
- We will make no deductions for damage to delivery packaging (i.e. additional packaging into which We have placed the Goods in their original packaging such as bubble wrap and a brown box) but We may make deductions if the original packaging has been damaged (e.g. torn or otherwise unsealed in a way that would make it difficult or impossible to reseal the packaging and resell the Goods in “new” condition).
- Reasonable standard delivery charges for deliveries in the United Kingdom will be reimbursed along with the Price of the Goods, however We cannot reimburse any additional costs for premium delivery. If you chose a premium delivery option when you ordered the Goods, We will only reimburse the equivalent standard delivery costs for deliveries in the United Kingdom as part of your refund.
- Refunds under this Clause 9 will be made using the same payment method you used when ordering the Goods.
- Our Liability
- We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
- Under these Terms and Conditions We only supply Goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
- We make no warranty or representation that the Goods are compliant with the WRAS conformance mark. If you intend to use the Goods in the United Kingdom, you must yourself make sure that the Goods ordered are compliant with WRAS if required.
- Subject to Clause 10.3 We make no warranty or representation that the Goods are compliant with relevant measurements, classifications, authorisations, technical standards and requirements and/or regulations outside the United Kingdom. If you intend to use the Goods outside the United Kingdom, you must yourself make sure that the Goods ordered are compliant with your local regulations.
- Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence, or for fraud or fraudulent misrepresentation.
- Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
- Events Outside of Our Control (Force Majeure)
- We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
- If any event described under this Clause 11 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
- We will inform you as soon as is reasonably possible;
- Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
- We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
- If the event outside of Our control continues for more than 30 Calendar Days We may cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;
- If an event outside of Our control occurs and delivery is delayed for more than 30 Calendar Days and you wish to cancel the Contract, you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible.
- Communication and Contact Details
- If you wish to contact Us with general questions or for orders, payments and delivery, you may contact Us by telephone at +44(0)8081964800 or by email at email@example.com
- In certain circumstances you may wish to contact Us about specific issues:
- To return non-compliant Goods please use the contact details provided in Clause 8;
- For cancellations under your right to a cooling off period please refer to Clause 9.
- How We Use Your Personal Information (Data Protection)
- Other Important Terms
- We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
- You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
- The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
- If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
- No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
- Governing Law and Jurisdiction
- These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
- As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 15.1 above takes away or reduces your rights as a consumer to rely on those provisions.
- Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
Last updated: 15th March 2022