Terms & Conditions
Policy: It has always been Fogma Ltd's policy to treat our customers in exactly in the way we like to be treated ourselves. Our toes curl at the sight of small print, but it appears that not only to add to our credibility but to comply with legislation (GDPR and EC Distance Selling Directive) we are required to offer you our own 'large print' version. You should note that your statutory rights under the current consumer protection laws are not affected (more probably enhanced).
Data & Privacy: The information collected from you at the time you place an order will be stored in our database and is used purely to carry out your instructions and action your payment. There are no circumstances under which, this information might be passed to a third party unless we are required to by law enforcement agencies!
Supply: We strive to provide a speedy delivery whenever possible and like having happy customers. Orders are normally dispatched next day or faster. If you are in a real hurry, then please add a comment to that effect when you check out and we'll try to make sure delivery is as quick as possible.
Contact: We will only contact you in connection with your instructions and keep you well informed should we have any difficulties providing you with the specific goods ordered. Otherwise we will not email you at all without your permission.
Delivery: Obviously you the customer recognise that we do rely on Royal Mail's postal service to perform the 'contract'. To date we have never experienced a problem with the service provided by Royal Mail, however should a problem ever occur we will ensure the situation is resolved in timely and efficient manner.
Guarantee: In the light of the forgoing you will appreciate we feel confident that we can unequivocally guarantee your total satisfaction with our products and service. Again you should note that your statutory rights under the current consumer protection laws are not affected (more probably enhanced).
Refunds: If you order an item and discover it's not right, it doesn't solve your problem or you are not entirely happy, then you can return it to us for a full refund. Obviously all items must be returned in the condition they were received in and the costs of returning goods to us shall be borne by you (unless the goods we supply are faulty). Don't forget to include your name and address if you return an item and we will refund your payment.
Payment: Credit or Debit card payments are actioned when you place your order. If we are unable to fullfil your order for any reason we will refund your payment in full. Payment online is through our card processing partner Stripe and is totally secure. All goods remain the property of Fogma Ltd until paid for in full.
Price: We are not VAT registered and therefore do not charge VAT and are unable to supply VAT invoices. Delivery costs are shown on our Delivery Information page and will automatically be added to the order total during checkout.
Complaints: This website is owned by Gary Ewer of Fogma Ltd. If you have any problems please contact Gary ([email protected]) who will get it sorted for you. The last thing we want is unhappy customers, so please contact us and give us the chance to make you happy!
Amendments: No variation of the Terms & Conditions is possible unless it is agreed to in writing by both parties.
Licence: You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.
Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licencors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clauses above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
Subject to clauses above, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Any rights not expressly granted in these terms are reserved
Service Access: While we endeavor to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licenses and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world;
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
Links To and From Other Websites: Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
If you would like to link to this Website, you may only do so subject to the following conditions:
(a) you do not create a frame or any other browser or border environment around this Website;
(b) you do not in any way imply that we are endorsing any products or services other than our own;
(c) you do not misrepresent your relationship with us nor present any other false information about us.
Disclaimer: While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material. The material on this Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
Liability: We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website) exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
Nothing in these terms and conditions shall exclude or limit our liability for
(i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);
(iii) misrepresentation as to a fundamental matter; or
(iv) any liability which cannot be excluded or limited under applicable law.
If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
You agree to indemnify us fully, defend and hold us, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
Governing Law and Jurisdiction: These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts. We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
Miscellaneous: You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect. Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.