Fetish Daddy Terms and Conditions
Our Terms and Conditions of Business
These Terms and Conditions apply to any order for goods placed by any person, firm or company (hereinafter called "the Buyer") from Fetchish Ltd of 17 oyster court, London SE17 3BW, a company registered in England, No. 12016737 (hereinafter called "the Company"). Fetish Daddy is a sub brand of Fetchish Ltd.
- Inclusion of Terms
1.1 The following conditions and stipulations shall govern the acceptance for the order of the goods comprised in the contract, and shall be deemed to form part of such contract.
1.2 These conditions shall be incorporated into the contract, with the exclusion of any terms or conditions stipulated or referred to by the Buyer, unless otherwise agreed in writing by the Company.
1.3 The term 'goods' means any goods forming the subject of this contract, and includes a reference to any of them.
- Acceptance of Orders and Payment
2.1 For retail orders, all invoices are payable in Pounds Sterling on placing order. Work on orders will not commence before payment is received.
2.2 Orders will be produced exactly in accordance with the specification made by the Buyer. If the Buyer wishes to make changes to the order after it has been accepted by the Company, such changes must be notified to the Company in writing no less than seven days after the placing of the original order. The Company will not accept alterations to the order after this period.
2.3 The Company reserves the right to make a reasonable charge for delivery of the goods to the address requested by the customer.
2.4 If the Buyer is purchasing the goods with a view to resale via the internet or through any other retail outlet, then the goods, or any item comprising the goods, shall only be sold by the Buyer at a price (net of VAT) no less than the retail price of the goods advertised on the Fetish Daddy website www.fetishdaddy.co.uk, except for limited promotional offers, or with the written agreement of the Company.
2.5 We include UK VAT at the prevailing rate on goods sold to customers within the European Union
- Delivery and Risk
3.1 The goods are delivered to the Buyer when the Company makes them available to the Buyer, or any agent of the Buyer, or any carrier who shall be the Buyer's agent, or whoever pays its charges (at the Company's delivery point agreed by the Company).
3.2 The risk in the goods passes when they are delivered to the Buyer.
3.3 The Company may at its discretion deliver the goods by instalments in any sequence.
3.4 Where the goods are delivered by instalments, no default or failure by the Company in respect of one or more instalments shall obviate the contract in respect of the goods previously delivered or undelivered, or undelivered goods. Any dates quoted by the Company for the delivery of the goods are approximate only and shall not form part of the contract. The buyer acknowledges that in the performance expected of the Company, no regard has been paid to any quoted delivery date.
3.5 The Company shall not be liable for any penalty, loss, injury, damage or expense arising from any delay or failure in delivery or performance from any cause at all; nor shall any such delay or failure entitle the Buyer to refuse to accept any delivery, to repudiate the contract, or claim any refund of monies paid in respect of the contract.
3.6 Production of made-to-order items normally takes up to 10 weeks. Orders are sent out when production is complete, but delivery time depends on the buyer's location and local postal service. During busy sale periods, orders may take up to 10 weeks to complete. Goods are always sent by insured postage. Postage and packing costs will be added to all orders at the appropriate rate, unless otherwise requested.
- Title
4.1 Ownership of the goods shall not pass to the Buyer until the amount due under the invoice for them (including any interest and costs) has been paid in full.
4.2 If the Buyer fails to pay the monies due under the invoice for an order by the due date, the Company may at its discretion sell or otherwise dispose of the order without further notification to the Buyer.
4.3 The Company may maintain an action for the price of any goods notwithstanding that title in them has not passed to the Buyer.
4.4 If the Buyer cancels any payment by credit card, cheque or other financial instrument after the goods have been dispatched, then the Company reserves the right to take legal action for the recovery of the goods.
- Claims Notification / Refunds / Cancellation
5.1 Any claim for non-delivery of any of the goods shall be notified in writing by the Buyer to the Company within 10 days of the expected delivery date.
5.2 Any claim that any goods that have been delivered are damaged or are not of the correct quantity, are of faulty manufacture or do not comply with their description, is to be notified by the Buyer to the Company as soon as reasonably practicable and in any event in writing within seven days of their delivery.
5.3 In the case of goods that are made to order, or sold through one of the Company's shops, the Company shall only consider refunding the Buyer with the full cost of the goods in the event that they are of faulty manufacture or do not comply with their description, but in no other circumstances. The Company may also offer to replace goods free of charge or at cost price, or to offer a credit note. If the goods ordered are the wrong size the company will be will to exchange goods for a different size with the buyer paying for the shipping costs. This does not apply to garments that are made to measure.
5.4 Unless goods are being returned because they are faulty or not what was ordered, the Company cannot accept items that have been damaged through improper handling or use or items that have been worn, other than tried on. Refunds will only be given on such items provided they are unworn (apart from having been tried on) in their original condition. The Company will not give refunds on, or exchange, items that have been altered, chlorinated or treated in any way.
5.5 Any claim under these conditions must be in writing and must contain full details of the claim.
5.6 The Company shall be afforded a reasonable opportunity to investigate any claims made under these conditions and the Buyer shall, if so requested by the Company, promptly return any goods which are the subject of any claim, and any packing materials, securely packed.
5.7 The Buyer shall be responsible for the costs of returning such items to the Company, unless they are being returned because they are faulty.
5.8 The Company shall have no liability with regard to any claim in respect of which the Buyer has not complied with the procedures laid down in these Conditions.
5.9 If the Buyer wishes to cancel an order, the Company must be notified of cancellation within seven days of the order being placed. The Company reserves the right to charge the Buyer 25% of the cost of the goods to defray administrative costs.
- Scope of the Contract
6.1 Under no circumstances shall the Company have any liability of whatever nature for:
- a) any defect arising from wear, tear accident or improper use by the Buyer
- b) any goods which have been adjusted, modified, or repaired, except by the Company;
- c) the suitability of any of the goods for any particular purpose for use under specific conditions, whether or not the purpose or conditions were known or communicated to the Company.
- d) any descriptions, specifications, illustrations or drawings submitted by the Company or contained in the Company's catalogue, price lists or elsewhere, since they are merely intended to give an indication of the nature of the garment and may not be regarded as definitive;
- e) any variations in the quantities or dimensions of any goods or changes in their specifications or substitution of any materials or components, if the variation or substitution does not materially effect the characteristics of the goods, and the substituted materials or components are of a quality equal or superior to those originally specified
7.1 The Company shall have no liability to the Buyer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of this contract; or any negligence, breach of statutory or other duty on the part of the Company; or in any way out of or in connection with the performance or the purported performance or failure to perform the contract, except for death or personal injury arising from the Company's negligence or as expressly stated in these Conditions.
7.2 Where the Company is liable, in accordance with this condition in respect of only some or part of the goods, the contract shall remain in full force and effect in respect of the other goods and no set-off or other claim shall be made by the Buyer against or in respect of such other goods.
7.3 The Company shall not be liable for goods lost or damaged in transit which are sent via the Buyer's choice of carrier, and all the claims by the Buyer shall be made against the carrier.
7.4 The Company will not undertake to arrange carriage of goods using the Buyer's own choice of carrier, or the Buyer's account with a carrier, on the Buyer's behalf or make any payments on behalf of the Buyer to the Buyer's chosen carrier. The Buyer must deal directly with the carrier in these circumstances.
7.5 All goods sent via the Company's chosen carrier shall be insured for the full amount of their value, and the insurance premium shall be paid by the Buyer.
7.6 In no circumstances shall the liability of the Company to the Buyer under this condition or under the contract exceed the invoice value of the goods.
7.7 The Company will not be held responsible for any accident, injury to the Buyer or death resulting from misuse of the Company's products, or for any allergenic reactions caused by the Buyer or the Buyer's agents coming into contact with the Company's products.
- Copyright and Design Right
8.1 All the copyright, design right or any other intellectual property right in the goods shall remain the property of the Company.
8.2 If reselling the goods, the Buyer will sell the goods in the same condition as they are received, and shall not deface or alter the goods or their packaging, remove or modify any label or identity insignia applied to or furnished in connection with the goods.
8.3 The Buyer shall not sell the goods under any trademark or name except as specified by the Company, except with the express permission of the Company.
8.4 The Buyer shall not, except with the written consent of the Company, use the goods or the design of the goods in any advertising material, nor shall the Buyer sell, advertise for sale or promote the sale of the goods by mail order or on the Internet.
8.5 All images, text, data or other material used for publicity or any other purpose on the Company's websites, exhibition displays, printed matter or in any other media are, unless otherwise stated, the copyright of Fetish Daddy Ltd. This material may not be copied or otherwise reproduced or adapted on any way without the written permission of the Company.
8.6 Fetish Daddy ltd, the Fetish Daddy symbol (Fetish Daddy "f") and any variations of it, and all designs and patterns produced by Fetish Daddy Ltd are registered with the appropriate trade mark bodies and patent offices internationally. Any attempt to copy or pass off the Fetish Daddy and Fetchish names, symbol, designs or patterns will be deemed an infringement of copyright.
- Measurements and Fitting
9.1 While the Company will make every reasonable effort to ensure correct fitting of garments, it cannot guarantee a perfect fit in cases where measurements are supplied by the customer or the Buyer on the customer's behalf.
9.2 In the event that a garment does not fit properly, the Company may, at its option, offer to re-make the garment at a cost to be agreed between the Company and the Buyer, but which will not generally exceed 60% of the original price.
9.3 The above conditions do not apply in the case of custom-made designs, in which case, any re-makes, adjustments or other alterations shall be charged at a price to be agreed between the Company and the Buyer.
- Hiring Terms
10.1 This sets out the Terms and Conditions by which Fetchish Ltd trading as Fetish Daddy (“Fetish Daddy”) agrees to hire the Costumes to the Hirer forming a contract between Fetish Daddy and the Hirer who agrees to accept such terms. “Costumes” are defined as clothes or accessories.
10.2 Fetish Daddy Hire Terms ("Hire Terms") form the entire agreement between the Hirer and Fetish Daddy to the exclusion of any terms and conditions on any purchase order or other documentation whether provided by the Hirer or otherwise and supersede all previous agreements between the parties in relation to the hire of the Costumes.
10.3 The Hirer must be at least eighteen (18) years of age.
10.4 Fetish Daddy does not fire test its costumes or treat them with flame retardant. They are therefore not intended for use by children in play or private hire. In the event that the Hirer should hire them with the intent to use them in this manner then the Hirer shall do so at its own risk and Fetish Daddy shall not be liable for any damage whatsoever resulting from such use.
10.5 Safety Notice: small parts or magnets may be used within the construction of our costumes
10.6 Costumes may vary from their pictures. The images of the Costumes are for illustrative purposes only and Fetish Daddy cannot guarantee that a device’s display of the colours accurately reflects the colour of the Costumes.
10.7 No accessories are included with Costumes unless specifically stated.
Hiring Fees & Payments
10.8 The default hire fee is 10% of the value of items borrowed.
10.9 The Hirer shall pay to Fetish Daddy the Total Hire Fee as set out in the Hire Terms. This Total Hire Fee may be inclusive of other additional charges as outlined in the Hire Terms for the hire of the Costumes during the Hire Period. Fetish Daddy will calculate all fees and charges due from the Hirer in accordance with this Agreement and Fetish Daddy’s decision shall be final.
10.10 Fetish Daddy will not refund any part of the Total Hire Fee when the Costumes are returned before the date specified.
10.11 The Total Hire Fee and any applicable Advance Deposit must be paid in full and received by Fetish Daddy prior to the release of the Costumes unless otherwise agreed.
10.12 If the Hirer cancels Costumes, Fetish Daddy shall at their discretion offer the Hirer a credit of the value of the cancelled Costumes against future Costumes.
Penalties and late payments
10.13 The Hirer shall be liable for any loss of or damage to the Costumes during the hire period (“Hire Period”) stated in the Hire Terms.
10.14 If the Hirer fails to return the Costumes in what Fetish Daddy deems to be satisfactory condition and on the specified return date stated in this Agreement, the Hirer will be in breach of its obligations. In the event of such a breach, the Hirer will be liable for the extended hire charge (50% of the standard Costume hire fee every day) per unreturned item of Costume for up to and including five (5) days (‘Penalty Period’).
10.15 If after the Penalty Period the Hirer fails to return Costume in a satisfactory condition, Fetish Daddy may charge the Hirer 200% replacement cost of the said Costume (‘Replacement Charge’).
10.16 If Fetish Daddy has reason to suspect the Hirer has no intention to return the Costumes before the end of the Penalty Period, Fetish Daddy reserves the right to charge the Replacement Charge at any point.
10.17 If the Hirer returns the Costumes dirty, modified, altered or uses the Costumes for any purpose other than those outlined in this Agreement without prior written consent of Fetish Daddy, the Hirer shall pay Fetish Daddy any charges that Fetish Daddy deems appropriate for, amongst others, the cleaning, repair, change of use and/or replacement of the Costume.
10.18 If the Hirer fails to return hangers or garment bags as supplied with the Costumes, Fetish Daddy may charge the Hirer for the replacement costs of said items.
10.19 If the Hirer fails to return any Costume accessories or fails to return them in what Fetish Daddy deems to be satisfactory condition, Fetish Daddy may charge the Hirer as if the entire Costume was being replaced.
10.20 The Hirer authorises Fetish Daddy to deduct any sums properly due to Fetish Daddy from any credit card, debit card, or charge account details of which are in the possession of Fetish Daddy.
Costume acceptance, care and return
10.21 Acceptance of items is deemed acceptance of these terms and conditions.
10.22 Costumes are hired on an ‘as is where is’ basis. Fetish Daddy will use all reasonable efforts, where possible, to ensure that the Costumes are supplied clean and in suitable condition for use. The Hirer shall check the Costumes promptly upon receipt and notify Fetish Daddy of any discrepancy within twenty four (24) hours thereof. The Hirer will be deemed to have accepted the quality and condition in which the Costumes were received, in the event that it fails to do so.
10.23 The Hirer will take good care of the Costumes at all times during the Hire Period and any extension thereof and in particular will comply with the following requirements: a. If the Costumes have been hired for use outdoors, the Hirer will not use them during wet weather or under any outside conditions that may result in damage to the Costume; b. The Costumes may not under any circumstances be used as fancy dress or for parties and should the Hirer use the Costumes at any venue or location where food or drink is being consumed, the Hirer is required to act responsibly to avoid any damage to the Costume; c. Stage blood may not be used on the Costumes; d. The Costumes may not be distressed or broken down in any manner whatsoever; e. Labels, tags or hanging loops must not be removed from Costumes; f. The Hirer may not modify or alter the Costumes in any way without the prior written approval of Fetish Daddy and if approval is given, such modification or alterations must be carried out strictly in accordance with any instructions given by Fetish Daddy; g. The Hirer will not under any circumstances attempt to wash or dry clean any Costume Units; h. The Hirer shall notify Fetish Daddy promptly in the event of any damage to or loss of any Costumes; i. Costumes must be returned in the original packing carton, dress bag, accessory bag, hanger or other packaging originally provided by Fetish Daddy; j. In order to avoid damaging the Costumes and incurring additional charges, the Costumes must be packed carefully with any footwear and/or heavy items at the bottom, clothing in the middle and hats/delicate items at the top; k. The Hirer must use the return packaging and address labels provided by Fetish Daddy; and l. The Hirer shall provide contact details to Fetish Daddy upon returning the Costumes to enable easy identification.
10.24 The Hirer is solely responsible for the Costumes at all times when the Costumes are not on Fetish Daddy's premises and in its possession.
Costume Selection
10.25 Where selection of Costume is made by Fetish Daddy, Fetish Daddy will make all reasonable endeavours to provide a selection that meets the Hirers requirements and to communicate such choices for approval. In the event that time not allow for such communication between the Hirer and Fetish Daddy, Fetish Daddy’s decision and selection shall be final.
IP Rights
10.26 Ownership of and title in the Costumes shall remain at all times with Fetish Daddy. The Hirer shall have no right or interest in the Costumes except for the right to use the Costumes under the terms of this Agreement.
10.27 The Hirer shall not sell, rent or otherwise dispose of any of the Costumes or give any third parties the legal rights to the Costumes or their design or transfer or try to transfer legal ownership.
10.28 The Hirer shall not in any way, without prior written permission, make use of any trade marks owned by Fetish Daddy.
Force Majeure
10.29 Fetish Daddy shall not be liable for any loss howsoever arising from non-delivery or delay in delivery caused by events outside Fetish Daddy's control including but not limited to, flood, fire, snow, storm, war, terrorism, strikes, lock-outs or other industrial action, riots or any act, regulation, legislation or ruling of any Government, regulatory or national authority or of any competent court or any default on the part of the carriers of the Costumes.
Liability and Indemnity
10.30 The Hirer shall indemnify Fetish Daddy on demand against any losses, claims, damages, liabilities and/or expenses of whatever nature suffered by Fetish Daddy as a result of the late return of the Costumes.
10.31 Nothing in this Agreement shall exclude or limit in any way any liability in respect of death or personal injury resulting from the either party’s negligence or any other liability which may not legally be excluded.
10.32 Fetish Daddy's maximum aggregate liability to the Hirer for any claims under this Agreement whether arising in contract, tort (including negligence) or otherwise shall be limited to the Total Hire Fee. Fetish Daddy shall not be liable to the Hirer for any indirect or consequential loss or damage, loss of profit or loss of business howsoever caused.
Termination
10.33 Fetish Daddy may terminate this Agreement immediately at any point.
10.34 Termination of this Agreement is without prejudice to any rights or remedies of the parties which have accrued prior to the date of termination, including without limitation in the case of Fetish Daddy the right to recover from the Hirer any or all of the following: a, any arrears of the Hire Fee and other charges accrued due and unpaid under this Agreement; b. any costs and expenses incurred by Fetish Daddy in locating, repossessing, recovering or restoring the Costumes or collecting any payments due under this Agreement; and c. the costs of repairing or replacing any lost or damaged Costumes.
10.35 If this Agreement is terminated by Fetish Daddy, Fetish Daddy shall be entitled to retake possession of the Costumes and for that purpose the Hirer gives to Fetish Daddy licence to enter into any premises where the Costumes may be stored or held.
Confidentiality
10.36 The Hirer acknowledges that information of a confidential nature relating to Fetish Daddy's business may be disclosed to the Hirer or come to the Hirer's attention during the course of this Agreement. The Hirer will not disclose any such information to any person except the Hirer's professional advisors without Fetish Daddy's prior written approval unless it is or becomes public knowledge through no fault of the Hirer. This applies both during and for a period of ten (10) years after the term of this Agreement.
12. General
12.1 This contract is personal to the Buyer and may not, without the Company's prior consent, assign or dispose of it or part with any interest in it or grant any licence or delegate any of the rights conferred by it.
12.2 The Company shall not be liable for any failure in the performance of any of its obligations under the contract caused by factors outside its control.
12.3 This contract shall be governed by English law, and the Buyer consents to exclusive jurisdiction of the English courts on all matters regarding it, except the extent that the Company invoked the jurisdiction of the courts of any other country.
13. Courses
13.1 Intellectual Property & Publicity. For the purposes of these Terms and Conditions: “Intellectual Property Rights” means patents, rights in inventions, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and rights in confidential information including know how and trade secrets (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs; and “Student Content” means any text, files, images, photos, videos or works of authorship that you submit to us during a course, (but shall not include any content, materials or information that you have downloaded, copied or otherwise obtained from us, which you hereby acknowledge is owned by us or our licensors). We do not claim any ownership of any Intellectual Property Rights in your Student Content. After submitting Student Content to us, you retain all rights of ownership which you have subsisting in it and you may use it in any way you choose (provided it does not breach any of these Terms and Conditions or any applicable laws). You warrant that you own the Intellectual Property Rights in and to all Student Content that you submit to us or you are otherwise entitled to submit the same to the Makers website. You hereby grant us a non-exclusive, irrevocable, perpetual, royalty-free, worldwide licence to use your Student Content in order to publicise and promote Makers and courses run by us, including without limitation the right to publicly perform, reproduce, display, modify, manage, distribute and store any of your Student Content as part of our website or as part of any materials used to promote or advertise Makers anywhere in the world. We shall not otherwise distribute or sell any of your Student Content without your permission. We will not be under any obligation whatsoever to pay you for any of the Student Content used in accordance with these Terms and Conditions. Save in respect of the Student Content, all Intellectual Property Rights in and to the all content, materials and information provided to you by us during the course are owned by and shall remain owned by us or our licensors. You may view, download and print any content, materials and information made available to you by us during the course subject to the following conditions:
- The content, materials and information may only be used for your personal use; save as expressly permitted by us in these Terms and Conditions;
- The content, materials and information shall not be reproduced or included in any other work or publication in any medium;
- The content, materials and information may not be modified, decompiled, reverse engineered, disassembled or altered in any way unless they are specifically provided for these purposes or on terms that permit these acts;
save as expressly permitted by us in these Terms and Conditions, the content, material and information may not be distributed or sold to any third party; and
you may not remove any copyright or other proprietary notices contained in the content, material or information.
13.2 Company Standard Designs. Design elements used within courses that are part of our regular designs, sold by us, may not be reproduced by students outside of the course for any non-personal usage.
14.1 The company may from time to time offer Promotional Vouchers as part of sales promotion schemes and special offers.
14.2 Promotional Vouchers may offer cash discounts or a percentage discount on Fetish Daddy items.
14.3 Promotional Vouchers may only be used in conjunction with certain other promotions or discount offers designated by the Company.
14.4 The validity period of Promotional Vouchers will be decided by the Company and may vary depending on the particular promotional scheme.