Terms & Conditions
Boring Old Terms and Conditions!
These terms and conditions form the basis on which you can visit us and our website. Please read them carefully (if you can find the energy) as they contain important information.
GENERAL TERMS & CONDITIONS
Frugi is the trading name of Cut4Cloth Ltd. This site is owned and operated by Cut4Cloth Ltd registered in England, company number 5011885 (registered address: Wheal Vrose Business Park, Helston, Cornwall, TR13 0FG). If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us through our website or ring us on +44 (0)1326 572828
1. The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Your payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted to us when we send to you an email that the goods have been sent to you. Our acceptance of your order brings into existence a legally binding contract between us.
2. Ownership of rights
All rights, including copyright, in this website are owned by or licensed to Cut4Cloth Ltd. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
3. Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website.
4. Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
All orders are subject to acceptance and availability. We have tried to ensure that the stock availability shown on this website is as up-to-date as possible. However, if the goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available, to choose an alternative item or to cancel your order.
6. Ordering errors
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.
The prices payable for goods that you order are as set out in our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information. Wherever it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, offer to sell you the goods of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid.
8. Payment terms
We will charge your credit account for payment upon receipt of your order unless delivery cannot be fulfilled within 30 days. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from your account then we can cancel the contract and or suspend any further deliveries to you. This does not affect any other rights we may have.
9. Delivery charges
Delivery charges vary according to the type of goods ordered and cannot be refunded.
Our delivery charges are set out in the delivery & returns section of our website. We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you.
You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
11. Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you, or if you fail to take delivery at the agreed time, the time when we tried to deliver. You will only own the goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.
12. Acknowledgement and acceptance of your order
You will need to provide us with your e-mail address and we will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. An acceptance of your order will take place on despatch of the good(s) ordered.
13. Cancellation rights
Under the Distance Selling Regulations you have the legal right to cancel your order within seven days of receipt of your goods (with the exception of any made to order items). You do not need to give us any reason for canceling your contract nor will you have to pay any penalty. However, you will need to notify us if you wish to cancel your contract.
If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
You will be re-credited for the costs incurred in returning faulty or unsatisfactory goods.
14. Cancellation by us
We reserve the right to cancel the contract between us if:
a) we have insufficient stock to deliver the goods you have ordered;
b) we do not deliver to your area; or
c) one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order.
If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 60 days of the date on which you ordered the goods (unless this is not reasonably practicable).
If you notify a problem to us under this condition, our only obligation will be, at your option:
a) to make good any shortage or non-delivery;
b) to replace or repair any goods that are damaged or defective; or
c) to refund to you the amount paid by you for the goods in question in whatever way we choose.
Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Frugi, Hornsby House, Wheal Vrose Business Park, Helston TR13 0FG and all notices from us to you will be either emailed to you or displayed on our website.
17. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
18. Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. 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.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
21. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
Divine Giveaway - 35 randomly selected orders each day until Friday 18th October will be selected to receive a complimentary 40g Divine chocolate bar (may differ to the one shown above) with their Frugi order. Excludes order to the USA and Rest of the World.
The Frugi Tee Party - The closing date for entries is 07/09/2013; please return all enteries by the 07/09/2013 to either you local Frugi Retailer or The Frugi Tee Party, Frugi, Unit B, Wheal Vrose Business Park, Helston, Cornwall, TR13 0FG.
Entry forms must be completed in full, incomplete entries will be disqualified.
One entry per person, entry is free and NO PURCHASE IS NECESSARY. Open to entries from children of age 0-10 years (at the time of entry) only. Automated entries will not be accepted.
Frugi does not except any liability for entries lost in transit, Frugi recommend that postage is tracked/signed for to ensure delivery. Proof of postage will not be accepted in place of lost entries.
The prize for the winning design: The prize is a 3 night stay for up to a family of 5 (2 adults, 3 children) in a family suite at Watergate Bay Hotel (subject to availability, prize must be taken by 31st December 2014) 1 x 60 minute spa treatment OR 2 x 30 minute spa treatments, Surf lessons for over 8 year olds, a lunchtime meal at Jamie Oliver’s Fifteen Cornwall, and a family ticket to the Eden Project, with a complimentary lunch. All subject to availability.
Travel is not included in the prize and additional charges apply for drinks, additional spa treatments and other items not stated in the offer. The prize is non-transferrable and there is no cash alternative.
The winner will have their T-shirt design concept used to create a brand new T-shirt design for Frugi’s collection. (Entries will be used as a concept only) If the winner cannot be reached Frugi reserves the right to award the prize to a reserve winner.
By submitting an entry to the Frugi Tee Party you consent that your design concept becomes Frugi’s Intellectual Property, and you are allowing Frugi to publicise your design in conjunction with your name.
The Winner will be selected by an initial shortlist in each age range category (0-3 / 3-6 / 6-10 years) by Frugi, then a public vote will narrow the shortlists down to the top entries in each category. A judging panel made up from Frugi and 3rd party members will then decide the winner.
The winner will then be announced on the Frugi website and social media and notified via email. The judges decision is final and non-negotiable.
The draw is not open to employees of Watergate Bay, Frugi, Jamie Oliver’s Fifteen, Eden Project, Frugi retailers, Frugi crusaders and their families, agents or anyone professionally connected with the prize draw.
*Although The Frugi Tee Party isn’t being advertised to Frugi’s International customers due to the prizes being based in the UK and non-transferrable, they are more than welcome to participate however Frugi will not be liable for the cost of travel.
By entering this competition you are giving your local Frugi retailer, Jamie Oliver’s Fifteen and Eden Project permission to contact you at a future date. Frugi may also contact you directly about the Tee Party.
3 for 2 - offer ends on Sunday 23rd June 2013. Simply add the code: JAMMY into the 'promo code' box at checkout and for every three (or more) fabulous Frugi products you add, the cheapest item(s) will be free. All three items must be purchased at the same time and in one transaction. If you wish to return any of your items, and this takes your total items to less than three, this will make the offer invalid and the free items will be recharged to you or amended to their original value. Like-for-like exchanges will not be affected. This offer cannot be used to purchase gift vouchers and is redeemable against full price items only. This offer cannot be used in conjunction any other promotion, and we can’t apply it retrospectively. *Products in the sale section and nappies are excluded from this offer. This offer has no cash alternative. This offer cannot be redeemed against any items that have already been purchased. Frugi reserves the right to change these terms and conditions at any time or cancel this offer at any stage.
Win a luxury Cornwall break and loads of Frugi clothes Competition - Entries must be received by 31st August 2013. The stay is for two adults and two children under the age of ten. The prize is non-transferable and there is no cash alternative. The prize is valid until 20th December 2013, excluding school holidays and all bank holidays, subject to availability at the time of booking. This competition is only valid for UK residents and you must be 18 years or over to enter. Travel is not included in the prize and additional charges apply for drinks, spa treatments and other items not stated in the offer. Entry is free and NO PURCHASE IS NECESSARY. One entry per household. Automated entries will not be accepted. The draw will be independently witnessed and the first name drawn at random after the closing date will receive the prize as detailed above. If the winner cannot be reached Frugi reserves the right to award the prize to a reserve winner drawn at random. The draw is not open to employees of Luxury Family Hotels, Frugi, their families, agents or anyone professionally connected with the prize draw. By entering this competition you are giving the Luxury Family Hotels and Frugi permission to contact you at a future date.
*Free T-shirt with orders over £50 - One of four free T-shirts can be chosen at checkout when you spend £50.00 or more (excluding sale items & delivery charges). T-Shirts within the promotion are TT349, TT362CHIC, TT367TRA, TT359. This offer is valid while stocks last. This promotion cannot be used in conjunction with other offers e.g. promotional / discount codes. If you later wish to return any other items from your order, the RRP of the free t-shirt will be deducted from any refund due. Like-for-like exchanges are not affected. No cash alternative. Offer ends Monday 17th June 2013.3.
ASPACE & Frugi: Win a winter wardrobe competition.
Entries must be received by midnight on Sunday December 1st The prize is non-transferable and there is no cash alternative. The competition is open to submissions from the UK and internationally, but customers must use the ASPACE voucher to purchase goods on; the voucher cannot be redeemed against delivery. You must be 18 years or over to enter. Entry is free and NO PURCHASE IS NECESSARY. One entry per household. Automated entries will not be accepted. The draw will be independently witnessed and the first name drawn at random after the closing date will receive the prize as detailed above The winner will be contacted within two weeks of the draw, and must accept the prize within one week. If the winner cannot be reached Frugi reserves the right to award the prize to a reserve winner drawn at random. The draw is not open to employees of Aspace, Frugi, their families, agents or anyone professionally connected with the prize draw. By entering this competition you are giving Aspace and Frugi permission to contact you at a future date.
Cut4Cloth Ltd is committed to protecting the privacy of anyone using our site and the confidentiality of any information that you provide us with. The purpose of this statement is to set out how we use any personal information that we may obtain from you.
Use and collection of personal information
In general you can visit our website without telling us who you are and without revealing any information about yourself. If, however, you use our site to order goods, to request information from us you will need to register and you will be asked to provide certain information such as your contact details. We will store this data and hold it on computer or otherwise.
We may use information that you provide:
(a) To register you with our website and to administer it.
(b) For assessment and analysis e.g. marketing, customer and product analysis, to enable us to review, develop and improve our services.
In our effort to provide you with services customised to your interests, we use "cookies" to assist in the collection of information.
Cookies are small encrypted text files that are stored on your computer or other device by our Site. Specifically the cookies used by our Site are described as session or transient cookies, these cookies are stored in your computer's memory only during your browsing session and are automatically deleted from your computer when the browser is closed. These cookies allow you to move from page to page whilst we keep track of the items you have added to your shopping cart. Session cookies are never written on the hard drive and they do not collect any information from your computer. Session cookies expire at the end of your browser session and can also become no longer accessible after the session has been inactive for a specified length of time. You may change your website browser settings to reject cookies. To learn more about cookies and how to disable them or opt out of their usage please visit www.aboutcookies.org. Please note, however, that some cookies are essential in order to shop on welovefrugi.com and in the event you do reject cookies this may impair the functionality of the Site and may mean that you are unable to shop on the Site.
More information on cookies:
Some cookies are described as permanent, persistent, or stored cookies. These are cookies that are stored on your computer and are not deleted when you close your browser. Permanent cookies can store your preferences for a particular web site, allowing those preferences to be used in future browsing sessions.
Permanent cookies can be used to identify you as an individual user, so they may be used by a web site to analyse your browsing behaviour within the web site. These cookies can also be used to provide information about the numbers of visitors, the average time spent on a particular page and generally the performance of the web site. They are usually configured to keep track of users for a prolonged period of time, in some cases many years into the future. Please be aware that www.welovefrugi.com does not use permanent cookies.
Should you have any concerns follow the link below to www.aboutcookies.org, where you can learn how delete cookies from your computer.
We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or wilful default.