Terms and Conditions
It is important that you read through these terms and conditions prior to placing an order with us to understand your/our obligations and rights.
This page tells you the terms and conditions on which we sell to you, the purchaser, through our website www.ficukbrandsdirect.com, any products ('Products'), which you have asked us to supply.
This includes Products which you have sourced from a UK online retailer and asked us to purchase on your behalf; Products which you have sourced from one of our outlets in Stanley, Falkland Islands; or Products which we have sourced to your stated requirements.
Please read these terms and conditions carefully before ordering from us. They do not affect your statutory rights, but you should be aware that by continuing to use our website you agree to be bound by these terms and conditions which shall govern any and all transactions that you enter into with us.
You should print a copy of these terms and conditions for your future reference. You must confirm your acceptance of these conditions when prompted during the ordering process or you will not be able to order via us.
1. Information about us
FICUKBRANDSDIRECT.COM is a trading name of the Falkland Islands Company Ltd. ('FIC') registered in England under company number 74300 and with its registered office at Kenburgh Court, 133-137 South Street, Bishop's Stortford, Hertfordshire, United Kingdom CM23 3HX. FIC is a wholly owned subsidiary of Falkland Islands Holdings plc also registered in England under company number 3416346 at the same address.
By placing an order via this website you agree that:
- You are legally capable of entering a binding contract;
- You are at least 18 years of age; and
- All information that you provide us with, including your name, address, payment details, delivery address where appropriate, email address, telephone and other contact information is genuine and accurate.
3. Products sourced from web retailers
When placing an order with us for Products from UK web retailers, you must attach a link to the relevant webpage and quote all product information, codes, sizes, colours and the like.
4. Payment arrangements
We will accept your order for processing provided you have sufficient funds available on an FIC Credit Account or an FIC Charge Card, in which case the cost of the Products will be debited from your account or card once they arrive in Stanley.
If you do not have an FIC credit account or charge card available, we will accept your order if you confirm your willingness to pay for the goods at The FIC Office at Crozier Place, Stanley as soon as your order is processed and before the goods are despatched from the UK.
5. Order confirmation and reconfirmation
We will process your order and then advise you by email of the final details of the order (‘Order Confirmation’), including:
- The web retailer of your choice (where relevant);
- Details of each Product included in the order; and
- Details of any items in your original request that are not available and are excluded from the order.
Acceptance of your order by FIC will only occur when we send you the Order Confirmation.
You must email us to reconfirm your order and accept these terms and conditions and the detail of the Order Confirmation within 48 hours of us sending you the Order Confirmation, or we will cancel the order.
A legally binding contract between us is created only when you email us to reconfirm your order. The contract will only relate to the Products listed in the Order Confirmation as being included in the order.
The total cost of your order, inclusive of shipping to Stanley and UK handling charges, will be sent to you once we have received and measured the items in the UK.
6. Cancellation by us
We reserve the right to cancel an order if you cease to have funds available on your FIC credit account or FIC charge card, or if payment has not been made, or if you have otherwise failed to comply with our terms and conditions.
7. Cancellation by you
You must cancel your order before emailing us upon receipt of the Order Confirmation to reconfirm your order. Once we have received your reconfirmation of order email, you have no right of cancellation and are responsible for the charges set out in the Order Confirmation.
8. Transfer rights
The contract between you and FIC is binding on you and us. You may not transfer, assign, change or otherwise alter the contract between us.
9. Shipping times
We will email you to advise you when the vessel carrying your Products has departed port in the UK, but we regret that due to the nature of sea shipping we are unable to confirm exact arrival times in Stanley until the ship has docked and been unloaded.
10. Collection and delivery
Once your Products arrive in Stanley you will be notified that they are available for collection by you from The FIC Warehouse at Crozier Place.
Alternatively, we can deliver your Products to you for an extra charge to a designated address of your choice but must be signed for on receipt by you or your authorised representative. It is your responsibility where we are delivering to you to ensure you have sufficient access for a delivery vehicle and space for the Products arriving.
Your Products will not be released for collection or delivery if
payment is outstanding.
FIC are not liable for the unpacking of any Product or for the building, assembly or fitting of any Products you have ordered that may require self-assembly.
Ownership of your Products passes to you at the point at which the Products are collected by you or delivered by us to your designated address.
12. Failure to collect
We are unable to offer storage of your order and you must be able to accept your Products when they become available in Stanley either by collection or the delivery means described.
If you fail to accept your Products within three days of them becoming available, we reserve the right to charge you storage costs.
If you have not collected your Products within three months, we reserve the right to cancel the contract between us and retain your Products. We will repay the price of the Products to you (less a 20% storage and handling charge) only if we are able to sell the Products in our Stanley outlets.
13. Returns policy
FIC have a no returns policy for purchases through our website. This does not affect your statutory rights if we supply you with a faulty Product.
14. Information about you
15. Our liability
Our liability for any losses you suffer as a result of any breach by us of these terms and conditions is strictly limited to the cost of the Products you have ordered from us.
We make no warranties, representations or undertakings about any of the content of our website, or any content of any other website referred to or accessed by hypertext link through our website.
We will not be liable if for any reason our website is unavailable at any time.
We are not responsible for any loss of business, opportunity, income, data or reputation or any other direct or indirect consequential loss whatsoever.
This limitation of liability does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited by law.
16. Outside our control
We will not be liable for events out-with our control, including without limitation any delay or failure to perform arising as a result of an Act of God, war, strike, labour dispute, fire, flood, sinking or any other major event which we could not have foreseen.
17. Links from our website
Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
18. Viruses and hacking
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack.
By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.
These terms and conditions and any documents, invoices, emails or other communications expressly referred to in them represent the entire agreement between us in relation to our contract, and supersede any prior understandings or arrangements whether oral or in writing.
21. Right to change
We have the right to change, revise or amend these terms and conditions from time to time to reflect changes in our business, our administration, technology, payment methods or law.
Contracts for the purchase of our services through our website or any business outlet, and any claims or disputes arising from such contracts, will be governed by the laws of the Falkland Islands.
Last updated on 23 September 2014.