Terms and Conditions of Trading
and Website Usage

These Terms & Conditions ("Conditions") set out the basis on which you can visit and use our website; use associated services (such as the Gift Reminder service) and purchase products or services from us.

last updated 23 Nov 2007

Forherfromyou.co.uk is a brand owned by Emworx Limited ("Emworx"). This website ("Website") is owned and operated by Emworx .  Registered office: The Old Surgery, 19, Mengham Lane, Hayling Island, Hampshire. PO11 9JT.  Registered number 4458462 (England and Wales).  Vat No: 691 2093 34.

Privacy Policy

You can review our privacy policy here » 

Ownership of Rights

All rights, including copyright, in this Website are owned by or licensed to Emworx. Any use of this Website or its contents, including modifying, distributing, re-posting, copying or storing it or them in whole or part is prohibited without the written permission of Emworx.

Site Content and Pricing

We have taken care to ensure that the content of this Website is accurate: that prices and charges quoted are correct at time of publishing and all products have been fairly described. All prices are displayed inclusive of VAT. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colours of products. However, as monitors display colour differently we cannot guarantee that any colour you see on the Website will accurately reflect the colour of the product on delivery.

Changes

We may modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.

Availability

So far as possible we try to display only items that are in stock (unless they are personalised or custom items or services), but all items shown are subject to availability. We will inform you as soon as possible if the goods you have ordered are not available by emailing you.

Your Account Details

You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Emworx shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

You warrant that the Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects and you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

Delivery Charges

Delivery charges vary depending on the type of products ordered and the service you select and cannot be refunded.

Acknowledgment and acceptance of your order

We will notify you by email as soon as possible to acknowledge receipt of your order. Sometimes emails are blocked, for example, by spam filters so you can also see acknowledgement of your order in your account details under "My Order ". This acknowledgement is not an acceptance of your order.

Our acceptance of your order will take place upon despatch of the product(s) ordered. We will send you an email confirmation of this acceptance and you will also receive a copy by post or with the goods. You will also be able to see this acceptance by logging onto the "My Orders" part of the Website and reviewing the status of your order.

Non-acceptance of an order may be a result of one of the following:

• The product you ordered being unavailable from stock.
• Our inability to obtain authorisation for your payment.
• The identification of a pricing or product description error.
• You not meeting the eligibility to order.

Delays

Occasionally delivery of your order may be delayed or postponed. We will, or course, make every effort to keep you informed and discuss revised delivery timescales. Whilst we will endeavour to meet your requested delivery date and to advise as soon as practicable if we are unable to do so, date of delivery is not a condition of any agreement you may have with us and we cannot accept any responsiblilty or liability for such delays.

Order Amendments

If you realise that you have made an error in your order please contact us as soon as possible and we will do our best to help you correct the error. Please note that in the case of additional, custom, personalised or perishable products or services corrections may incur an additional cost. There may also be additonal costs if current selling prices have changed, a sale price is no longer offered or additional or more speedy delivery services are required.

Order Cancellations

You may cancel your order within seven working days of receipt of the products (with the exception of personalised, perishable or custom products or services, personal grooming products, swimwear, lingerie, earrings or other pierced jewellery). The packaging may be opened but the products should not have been used.  Items should be in a resaleable condition and returned or collection arrangements made promptly at your cost and at your risk.  If collection of an item is required, we will charge you the cost of collection of which you will be notified at or shortly after time of cancellation.Where goods are delivered to a third party you will only be able to exercise this right if you are able to return to us the goods you ordered. Any refund or credit note will only be issued once we have received the products back in resaleable condition.

Returns Policy

We hope you will be pleased with your purchase. Should you wish to return anything bought from us we will be happy to refund or exchange a product or service provided it is returned in fully saleable condition, in original undamaged packaging with 28 days of delivery of the products. If the product(s) are not returned in saleable condition we may refuse a refund or exchange. Please note that we will not refund delivery or gift wrap charges unless the products delivered were incorrect, damaged or faulty.

We are unable to offer a refund or exchange on personalised, perishable or custom products or services, personal grooming products, swimwear, lingerie, earrings or other pierced jewellery unless they were damaged on delivery or faulty..

Gift Reminder Service, Gift and Card Messages

The Gift Reminder Service is for your own personal and non-commercial use. You agree that any messages posted by you on on the Gift Reminder Service or sent by us on your behalf to a third party will not contain anything which could be construed as harassing, threatening, vulgar, abusive, obscene, defamatory, racist or which may cause embarrassment or distress to any person or are otherwise unlawful or objectionable.

You are entirely responsible for any text or other material which you send using this Website and Emworx accepts no liability for any such content. We do not pre-screen messages, but may monitor content from time to time. We have the right to refuse to send Gift or Card Messages and terminate access to the Gift Reminder message service at any time and without liability to you.

Limitation of liability

While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website or its associated services including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or

• any loss of goodwill or reputation; or
• any loss of enjoyment; or
• any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Our liability in respect of an Order shall be limited to the price paid for that Order (save in respect of liability for death or personal injury resulting from our negligence or that of our servants, agents or employees).

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Changes to these Terms and Conditions

We reserve the right to change these terms & conditions from time to time - this is indicated by the "effective from date" shown above. It is your responsibility to check regularly to determine whether these terms & conditions have been changed. If you do not agree to any change to the terms and conditions then you must immediately stop using the Website.

Use of this Website from outside the UK

Unless otherwise specified, the materials on this Website are displayed solely for the purposes of promoting For Her From You products and services available in the United Kingdom and we make no representation that any products or services referred to in the materials on this Website are appropriate for use in or available for delivery to other locations outside of the UK. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.

Law, jurisdiction and language

This Website, any content contained herein and any contract brought into being as a result of usage of this Website are governed by and construed in accordance with English Law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

Severance

If any part of the Conditions shall be held unlawful, void or for any reason unenforceable, then that provision shall be be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement

These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.