PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE AS THEY ARE A LEGALLY BINDING AGREEMENT BETWEEN YOUSELF AND US.
These terms inform you of the rules for using our website: www.Foundguru.com (referred to as the "Site"). Throughout this document we refer to them as the "Terms". A reference to "you" or "your" is a reference to the user of this Site.
1.1 We are FirstBaseIT trading as Lucky Dust. We are a company registered in England and Wales under registration number 10270421 our address is 5 Clements Court, Clements Lane, Ilford, Essex IG1 2QY (referred to as "we" or "us" or "our"). We are the providers of the Site.
1.2 To contact us please email tellus@luckydust.co.uk or by post to our address above.
2.1 These Terms set out all of the rules and obligations that apply to you when using the Site.
2.2 By using our Site, you confirm that you accept our Terms and you agree to comply with them. If you do not agree to these Terms, you must not use our Site.
2.3 We recommend that you keep a copy of our Terms for future reference. They are a legally binding agreement between yourself and us.
2.4 By using our Site, you also consent to our additional terms. These additional terms may include, but are not limited to, the processing of your data in our Privacy and Cookie policies.
3.1 We amend these terms, when deemed necessary, by updating them on the site. Every time use our site, please check these terms to ensure you understand what terms apply at that time.
4.1 We may, when deemed necessary, change the content of this site and suspend or discontinue any aspect of this site. This may include your access to it.
5.1 You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use this Site and that your computer system is compatible with this site.
5.2 You will not misuse our system or this site. In particular, you will not hack into, breech security or otherwise disrupt the operation of our system and this site, or attempt to carry out any of the following; introducing viruses, trojans, worms, logic bombs or other material which is or could be malicious or technologically harmful.
5.3 You will not use or attempt to use any automated program (these may include but are not limited to any spider or other web crawler) to access our system or this Site. You will not use any scraping technology on the Site. Any such use or attempted use of the above programs shall be deemed as a misuse of our system and this Site. Obtaining access to any part of our system or this Site by means of any such automated programs is strictly prohibited.
6.1 Your use of our site is governed by our Terms and Conditions of Website Use which you can find when registering our Products on www. Foundguru.com Please take the time to read these, as they include important terms which apply to you.
7.1 We only use your personal information in accordance with our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.
8.1 To receive details from this Site, you must complete and submit a registration form to us. We will confirm this by sending you an email containing your account information.
8.2 Each registration is set up for use by a single user only. You will not share your username and password with any other person.
8.3 The information provided on this Site is for general interest only.
8.4 You pledge all information provided by yourself is accurate and complete when registering your details with us.
8.5 You accept sole responsibility for all use of and safeguard of any account information and password that may have been given to you for use on this Site. If you become aware of any unauthorised use of our account or any other breach of security of this Site you will notify us immediately.
8.6 We have the right to disable any account or password, at any time, if we deem you have failed to comply with any of the provisions of these Terms.
9.1 All copyright and other intellectual property on this Site (including; database rights, trademarks, trading names, text, graphics, code, files and links) belong to us or our licensor(s). All rights are reserved.
9.2 You will not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Site without our prior written consent.
9.3 We are the owner or licensee of all intellectual property rights on our site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
10.1 We do our upmost to ensure that any material available for downloading from this Site is not contaminated in any way but we do not warrant that all material will be free from infection, viruses and/or similar code.
10.2 Due to the nature of the internet and software we do not warrant that your access to, or the running of, this Site will be error free or uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable if we cannot process your details due to circumstances beyond our reasonable control.
10.3 We always make reasonable efforts to update the information on our Site but we make no warranty guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
10.4 We make no warranty that the Site, or information available on it, complies with laws other than those of England.
11.1 We reserve the right to bar users from this Site and/or restrict or disable their access or use of any or all elements of our services, on a permanent or temporary basis, at our sole discretion.
12.1 Our Site is available free of charge.
12.2 You accept responsibility for ensuring that all persons who access our site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
13.1 We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material
14.1 This Site contains links to websites operated by third parties. We have no control over other individuals content. With this in mind we make no warranties or guarantees to the accuracy or completeness of any information appearing in relation to any linked websites. The links are there for your convenience only. It is at your own risk if you decide to access any third party website linked from this Site.
15.1 You may link to our home page at www.FoundGuru.com provided that you do so in a way that we do not deem damaging towards our reputation or that could expose us to risk. We reserve the right to withdraw linking permission without notice and without giving a reason.
16.1 We are not liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
16.2 We will not accept any liability for loss of your password or account information caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.
16.3 We are not liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or any website linked to it.
17.1 If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
18.1 We aim to make sure all feedback is dealt with in a fair and consistent fashion, and is properly recorded. We welcome any suggestions that you have to improve our service. Please write to us at Customer Services, 5 Clements Court, Clements Lane, Ilford, Essex IG1 2QY.
19.1 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.
19.2 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.
This clause only applies if you are a consumer.
20.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
20.2 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.
21.1 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.
21.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order.
21.3 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 25.5, 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.
22.1 We may revise these Terms from time to time in the following circumstances:
22.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
22.3 Whenever we revise these Terms in accordance with this clause, we will keep you informed and give you notice of this by stating that these Terms have been amended.
23.1 This clause only applies if you are a consumer.
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 23.3. 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, please notify us of your decision and return the product to the address below and we will process 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.
Returns Address:
LuckyDust
5 Clements Court,
Ilford,
Essex,
IG1 2QY
Hours of business: Monday - Friday 9am – 5pm
23.2 However, this cancellation right does not apply in the case of any Products made to your specification or clearly personalised;
23.3 Your legal right to cancel an order for products commences the moment you place your order and from the date of the Dispatch Confirmation, which is when the Contract between us is formed, and ends 14 (fourteen) working days from the day you receive your products. If the products have already been delivered to you, you have a period of 14 (fourteen) working days in which you may cancel, starting from the day you receive the products. Working days mean that Saturdays, Sundays or public holidays are not included in this period.
23.4 If you wish to cancel the order, please contact us in writing by sending an e-mail to tellus@luckydust.co.uk. You may wish to keep a copy of your cancellation notification for your own records. When you send us your cancellation notice by e-mail this will be the effective date of the notice. If you call us to notify us of your cancellation of your order, then your cancellation is effective from the date you telephone us.
23.5 You will receive a full refund of the price you paid for the products unless the products have been unsealed without prior consent from us except where a fault has been discovered that could not have been identified without opening the products. After having received your notice of cancellation of the order as described in 23.4, we will process the refund due to you as soon as possible and, in any case, within 14 calendar days of either us having received the products back, or you providing evidence of having returned the goods (for example, a proof of postage receipt from the post office), whichever is the sooner. If you returned the products to us because they were faulty or mis-described, please see clause 23.8.
23.6 If the products were delivered to you:
23.7 Details of your legal right to cancel the order and an explanation of how to exercise it are provided in the Dispatch Confirmation.
23.8 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 9 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
24.1 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.
24.2 Delivery will be completed when we deliver the products to the address you gave us.
24.3 If no one is available at your address to take delivery, we will leave you a note that the products have been returned to our premises, in which case, please contact us to rearrange delivery.
24.4 The products will be your responsibility from the completion of delivery.
24.5 You own the products once we have received payment in full, including all applicable delivery charges.
25.1 The prices of the products will be as quoted on our site from time to time. We take all 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 11.5 for what happens in this event.
25.2 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.
25.3 The price of a product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
25.4 The price of a product does not include delivery charges.
25.5 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. We will normally check prices as part of our dispatch procedures so that:
26.1 You can pay for the products via the payment gateway Paypal.
26.2 Payment for the products and all applicable delivery charges is in advance. No payment shall be deemed to have been received and we shall not dispatch any products until we receive cleared funds.
26.3 We do not store any credit card details and no cardholder data is shared with third parties.
27.1 Some of the products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
27.2 If you are a consumer, a manufacturer's guarantee is in addition to your 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.
28.1 For Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 28.2.
28.2 The warranty in clause 14.1 does not apply to any defect in the Products arising from:
28.3 In the case of a replacement product, we will delete your original unique identification number relating to that lost or damaged from our database and issue you with a new unique identification number.
28.4 If you are a consumer, this warranty is in addition to your 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.
29.1 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.
29.2 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.
29.3 We do not in any way exclude or limit our liability for:
30.1 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 30.2.
30.2 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.
30.3If an event outside our control takes place that affects the performance of our obligations under a contract:
31.1 When we refer, in these terms, to "in writing", this will include e-mail.
31.2 If you are a consumer:
31.3 If we have to contact you or give you notice we will do so by phone, e-mail or post.
32.1 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.
32.2 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.
32.3 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.
32.4 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. We both agree to the exclusive jurisdiction of the courts of England and Wales.
32.5 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.
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