These Terms will apply to any contract between us for the sale of Products to you or the rental of Products by you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms.
Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 9.5. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 2 November 2013.
These Terms, and any Contract between us, are only in the English language.
1.1 We operate the website www.thefollyboutique.com (linked from www.thefollyboutique.co.uk, www.thefollyjewellery.com, and www.thefollyjewellery.co.uk). We are Mooremoore Ltd. A company registered in England and Wales under company number 08498784 and with our registered office at Suite 114, 186 St Albans Road, Watford, WD24 4AS.
1.2 To contact us, please see our Contact Us page.
2.1 Our services (Services) allow customers to borrow the Products in accordance with these Terms and Conditions. You can choose the Products to borrow from our on-line selection and have them delivered to your address. The Products that have been rented must be returned on or before the return date specified in the Dispatch Confirmation.
2.2 We reserve the right to limit the number of items that you may borrow at any time.
2.3 If a Product that has been rented is returned in a damaged or dirty condition that exceeds normal wear and tear in the absolute discretion of The Folly Boutique, you agree that we may invoice you the full cost of replacing the Product as well as charge the full amount of any lost earning or costs incurred resulting from the damage. The Product replacement fee will vary depending on the specific Product and this amount will be determined by The Folly Boutique in its absolute discretion.
2.4 You should not under any circumstances attempt to clean or repair any of the Products yourself. If this is done, The Folly Boutique reserves the right to invoice for full or part of the replacement value of the items and charge you the full amount of any lost earning or costs incurred as a result.
2.5 The rented Product must be returned unworn and undamaged with the “Folly Boutique” tag in tact, undamaged and untampered with and in the original packaging in order to obtain a full refund of the rental fee. In addition, the steps in clause 11.5 and 11.6 must have been complied with in order to obtain a full refund of the rental fee and the terms of clauses 11.5 and 11.6 will apply.
3.1 Our website also allows you to purchase the Products in accordance with these Terms and Conditions.
4.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
4.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.
4.3 The packaging of the Products may vary from that shown on images on our site.
4.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
By creating a profile to use our website, you agree to receive our marketing emails. These emails have an unsubscribe link in if you wish to opt out.
This clause 7 only applies if you are a consumer.
7.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
7.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
This clause 8 only applies if you are a business.
8.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
9.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
9.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 9.4.
9.4 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
9.5 If we are unable to supply you with a Product (for sale or rent), for example because that Product is not currently in stock, the Product is not currently available for rent or no longer available or because of an error in the price on our site as referred to in clause 14.5 we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
10.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements
(c) changes in our return/refund policy
10.2 Every time you order Products (for rent or for sale) from us, the Terms in force at that time will apply to the Contract between you and us.
10.3 Whenever we revise these Terms in accordance with this clause 10, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
This clause 11 only applies if you are a consumer.
11.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling Regulations 2000) during the period set out below in clause 11.4. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
11.2 However, this cancellation right does not apply in the case of:
11.3 any made-to-measure or custom-made products;
(a) newspapers, periodicals or magazines;
(b) perishable goods, such as food, drink or fresh flowers;
(c) software, DVDs or CDs which have a security seal which you have opened or unsealed.
11.4 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
11.5 Rental Products
(a) To cancel a Contract for the rental of a Product please contact us in writing by no later than 11.00pm on the day that the Product is received by you by sending an e-mail to email@example.com. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail then your cancellation is effective from the date you sent us the e-mail. You must deposit the item for return at your local post office in the Special Delivery returns bag provided on the day after receipt of the Product (unless this is a Sunday or Bank Holiday in which case the Product must deposited at your local post office on the next working day). If this is done, the cancellation or amendment will be valid and the rental fee will be refunded to you subject to the deductions of the delivery cost incurred by us.
(b) Unless otherwise approved by us, if you do not post back any rented Product as specified in clause 11.5(a) above after notifying us of the cancellation of the Contract, we will charge 30% of the rental fee for each day it is overdue, calculated from the day after you deposited the Product at your local post office in accordance with clause 11. 5(a).
(c) Unless otherwise approved by us, if the Contract is not cancelled but the rented Product is not returned by the return date specified in the Dispatch Confirmation, we will charge 30% of the rental fee for each day it is overdue. If the Product is not returned within 7 days of the date that is specified in the Dispatch Confirmation, we will charge you the remainder of the full retail price of the Product and this will be debited from your account using the card you originally paid with.
11.6 Purchased Products
(a) To cancel a Contract for the purchase of a Product please contact us in writing within 7 working days of the Dispatch Confirmation, which is when the Contract between us is formed, by sending an e-mail to firstname.lastname@example.org. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail then your cancellation is effective from the date you sent us the e-mail. You must deposit the item for return at your local post office within 7 working days of the Dispatch Confirmation and obtain a proof of postage. The Product must be returned unworn, in perfect condition, with the “Folly Boutique” tag in tact, undamaged and untampered with and in the original packaging in order to obtain a refund. On safe receipt of the Product by us in the condition specified above, you will be refunded the cost of the Products subject to the deductions of the delivery costs incurred by us in sending the Product to you. You will be responsible for the cost of returning the Product to us.
(b) To exchange a purchased Product please contact us in writing within 28 days of the Dispatch Confirmation, which is when the Contract between us is formed, by sending an e-mail to email@example.com. Please specify your reason for wanting an exchange and the alternative Product that you want to exchange the original Product for. You may wish to keep a copy of this for your own records. We will confirm to you whether the alternative Product is available. Once we have confirmed this by email you must deposit the item for return at your local post office within 3 days of our email confirmation and obtain a proof of postage. The Product must be returned unworn, in perfect condition, with the “Folly Boutique” tag in tact, undamaged and untampered with and in the original packaging in order to obtain an exchange. On safe receipt of the original Product in the condition specified above, we will send you a Dispatch Confirmation for the alternative Product. If the new Product is higher than the price of the original purchased Product you will be requested to pay the difference in the price. You cannot exchange a Product for another Product of a lower price.
11.7 You will not have any right to cancel a Contract for the rental of a Produce if you have not adhered to clause 11.1, 11.2, 11.3, 11.4, 11.5 or 11.6.
11.8 We will process the refund due to you under this clause 11 as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 11.5(a), 11.6(a) or 11.6(b) If you returned the Products to us because they were faulty or mis-described, please see clause 11.9.
11.9 If you have returned the Products to us under this clause because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
11.10 We refund you on the credit card or debit card used by you to pay.
11.11 If the Products were delivered to you:
(a) you must return the Products to us as soon as reasonably practicable;
(b) unless the Products are faulty or not as described (in this case, see clause 11.9, you will be responsible for the cost of returning the Products to us;
(c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
11.12 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
11.13 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 11 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
12.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
12.2 Delivery will be completed when we deliver the Products to the address you gave us.
12.3 We make no guarantee as to actual delivery time.
12.4 You should ensure that there will be someone available to sign for the delivery of the Product. If we are unable to make a delivery of a rented Product on the date specified in the Dispatch Confirmation, this day will still count as one of your rental days and you will be charged for it. In these circumstances, any requests for a refund of a rented Product will be at the sole discretion of The Folly Boutique.
12.5 The Products will be your responsibility upon our delivery to the carrier. We will send you a Dispatch Confirmation letting you know when your Product has been dispatched. Products are hired to you on the understanding that they shall be returned in an undamaged condition and that you will be responsible for any loss or damage to the goods whilst on hire.
13.1 We currently ship purchased non-rental items to most worldwide countries. Please contact us at firstname.lastname@example.org for more infomation if your country is not listed.
13.2 We do not accept orders for the rental of Products from individuals outside the UK.
14.1 The prices of the Products will be as quoted on our site from time to time. We use our reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 14.5 for what happens in this event.
14.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
14.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
14.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site. To check relevant delivery charges, please refer to our Delivery and Returns page.
14.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a miss-pricing, we do not have to provide the Products to you at the incorrect (lower) price.
15.1 You can only pay for Products using PayPal or a debit card or credit card through SagePay. We accept the following cards: Visa, Visa Debit, Maestro, Mastercard.
15.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card or PayPal account until we despatch your order.
15.3 When you rent or buy a Product you are required to provide us with accurate, complete and current credit card information for a valid credit card that you are authorised to use. By entering your credit/debit card details, you authorise us or our agents to bill your credit/debit card the applicable fees per-item or borrowing fees, delivery charges, any and all applicable taxes and another charges you may incur in connection with the purchase or rental of our Products. Your credit/debit card/PayPal account will be charged when we despatch your order. For rental Products, if the Product is not returned on the due return date specified in the Dispatch Confirmation, we will charge your credit/debit card or PayPal account for each overdue date, at the rate set out in clause 11.5 above for that Product.
15.4 In the event that we do not receive a payment from your credit/debit card provider or PayPal account or if your credit/debit card expires or is rejected, you agree to pay all amounts due on demand. We reserve the right to take all steps necessary to collect amounts due from you, including but not limited to using third party collection agencies.
15.5 You are solely responsible for any and all fees charged to your credit/debit card or PayPal account by the issuer, bank, or financial institution, including but not limited to, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
This clause 16 only applies if you are a business customer.
16.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
16.2 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
16.3 Subject to clause 16.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
16.4 Subject to clause 16.2 and clause 16.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
16.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
This clause 17 only applies if you are a consumer.
17.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
17.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.
18.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
19.1 When we refer, in these Terms, to "in writing", this will include e-mail.
19.2 If you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 11, you must contact us in writing by sending an e-mail to email@example.com. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you sent us the e-mail.
(b) If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to The Folly Boutique at
Suite 114, 186 St. Albans Road, Watford, WD24 4AS, AND/OR firstname.lastname@example.org. You can always contact us using our Customer Services telephone line on 0207 183 8434.
19.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
19.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24hours after an e-mail is sent, or threedays after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
20.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
20.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
20.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
20.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
20.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
20.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
20.8 We will not file a copy of the Contract between us.