TERMS & CONDITIONS

Fat Fox Mushrooms Terms & Conditions.

This agreement applies as between you, the User of this Web Site and Fat Fox Mushrooms Ltd of 95a Lynmouth Road, Walthamstow, London, E17 8AG, United Kingdom (hereinafter referred to as “ Fat Fox Mushrooms”,"we" or "us"), the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately. 

 

  1. Intellectual Property

    1. All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Fat Fox Mushrooms, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.

    2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Fat Fox Mushrooms.

 

  1. Links to Other Web Sites

    1. This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Fat Fox Mushrooms or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

 

  1. Privacy

    1. For the purposes of applicable data protection legislation, Fat Fox Mushrooms will process any personal data you have provided to us in accordance with our Privacy Policy available on the Fat Fox Mushrooms website or on request from Fat Fox Mushrooms.

    2. You agree that, if you have provided Fat Fox Mushrooms with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Fat Fox Mushrooms and (2) that you have brought to the attention of any such third party the Privacy Notice available on the Fat Fox Mushrooms’s website or otherwise provided a copy of it to the third party. You agree to indemnify Fat Fox Mushrooms in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

 

  1. Terms of contract within the scope of purchase contracts concluded via the shop

    1. For the business relationship between Fat Fox Mushrooms and the customer (hereinafter "Customer"), the following terms and conditions apply exclusively in the version valid at the time of the order. Deviating general terms and conditions of the Customer shall not be recognised unless Fat Fox Mushrooms expressly agrees to their validity in writing.

    2. The customer can select products from Fat Fox Mushrooms's range and collect them in a so-called shopping cart via the button "add to cart" or "add to cart". By clicking on the button "order subject to payment", the customer submits a binding application to purchase the goods in the shopping cart. The customer is bound to his offer for 2 weeks after placing the order. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has actively agreed to the validity of these contractual conditions by ticking the box and has thereby included them in his application.

    3. Fat Fox Mushrooms shall then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that Fat Fox Mushrooms has received the Customer's order and does not constitute acceptance of the application.

    4. The contract is concluded as follows: (1) when selecting a payment method that triggers your payment in the order process (Paypal) with complete payment by the customer; (2) in all other cases, the contract is not concluded until we issue a confirmation of acceptance, which is sent by separate e-mail, fax or post (order confirmation), at the latest upon delivery or collection of the goods.

    5. In any case, the customer will receive the text of the contract from Fat Fox Mushrooms on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract shall be stored by Fat Fox Mushrooms in compliance with data protection laws.

    6. Delivery times stated by us are calculated from the time of conclusion of the contract, subject to prior payment of the purchase price. If no or no deviating delivery time is stated for the respective goods in our online shop, it shall be 5-10 days.

    7. As long as no contract has been concluded and no copies of the product selected by the customer are available at the time of the customer's order, Fat Fox Mushrooms shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, Fat Fox Mushrooms shall refrain from issuing a confirmation of acceptance. In this case, a contract is not concluded.

    8. If the product designated by the customer in the order is only temporarily unavailable, Fat Fox Mushrooms shall also inform the customer of this without delay in the order confirmation.

    9. The delivered goods remain the property of Fat Fox Mushrooms until full payment has been received.

    10. All prices stated on the website of Fat Fox Mushrooms are inclusive of the applicable statutory value added tax.

    11. The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer unless the customer exercises his right of cancellation.

    12. The goods will be shipped using the shipping method selected in the order. 

    13. In the event of a cancellation, the customer shall bear the direct costs of the return shipment.

    14. The customer can make payment via Paypal.

    15. Payment of the purchase price is due immediately upon conclusion of the contract.

    16. The obligation of the customer to pay default interest does not exclude the assertion of further default damages by Fat Fox Mushrooms.

    17. Fat Fox Mushrooms is liable for material defects in accordance with the applicable statutory provisions.

    18. An additional guarantee only exists for goods delivered by Fat Fox Mushrooms if this was expressly stated in the order confirmation for the respective item. 

    19. Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by Fat Fox Mushrooms, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

    20. In the event of a breach of material contractual obligations, Fat Fox Mushrooms shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it is a matter of claims for damages by the customer arising from injury to life, limb or health.

 

  1. Disclaimers

    1. Fat Fox Mushrooms makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.

    2. No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

 

  1. Availability of the Web Site

    1. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

    2. Fat Fox Mushrooms accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

 

  1. Limitation of Liability

    1. To the maximum extent permitted by law, Fat Fox Mushrooms accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

    2. Nothing in these terms and conditions excludes or restricts Fat Fox Mushrooms’s liability for death or personal injury resulting from any negligence or fraud on the part of Fat Fox Mushrooms.

    3. Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

 

  1. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

 

  1. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

 

  1. Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to [ Insert Email address link ]. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

 

  1. Law and Jurisdiction

These terms and conditions and the relationship between you and Fat Fox Mushrooms shall be governed by and construed in accordance with the Law of England and Wales and Fat Fox Mushrooms and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.