Terms of Sale
Please note that before placing an order with us (“Order”), you will be asked to agree to these Terms of Sale by ticking a box just before you checkout. Please understand that if you refuse to accept these Terms of Sale, you will not be able to order from our Website.
1.1 Definitions. In these Conditions, the following definitions apply:
Business Day means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Conditions means these terms and conditions as amended from time to time in accordance with clause 10.7.
Contract means each contract between the Supplier and the Customer for the supply of Goods pursuant to an Order in accordance with these Conditions.
Customer means the person or firm who purchases the Goods from the Supplier.
Delivery Location has the meaning set out in clause 4.2.
Force Majeure Event has the meaning given to it in clause 9.
Goods means the specific goods (or any part of them) set out in an Order.
Order means the Customer's order for the supply of Goods which shall be made in the form as required by the Supplier as set out in the Website or if the order is not made through the Website in such form as shall be prescribed by the Supplier and shall contain such details as to the Customer and Delivery Location and the Goods being purchased as shall be required.
Supplier means Harpur Group Ltd registered in England and Wales with company number 13216080
FOXY MARGOT Products means the household and other cleaning and other products supplied by the Supplier under the FOXY MARGOT brand.
Website means the website of the Supplier at www.foxymargot.com or any other website of the Supplier which advertises or describes the Foxy Margot products or through which Foxy Margot Products may be sold.
1.2 Construction. In these Conditions, the following rules apply:
(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) a reference to a party includes its personal representatives, successors or permitted assigns;
(c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(d) any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
(e) a reference to writing or written includes e-mails.
2 ORDER AND ACCEPTANCE OF ORDERS
2.1 The Order constitutes an offer by the Customer to purchase Goods in accordance with these Conditions.
2.2 The Order shall only be deemed to be accepted when the Supplier issues written acceptance of the Order at which point and on which date the Contract shall come into existence.
2.3 Once the Customer has submitted an Order, the Customer may not withdraw or amend such Order.
2.4 If the Supplier is for any reason not able to fulfil an Order after acceptance (whether through circumstances within the control of the Supplier or not) but before despatch the Supplier will if practicable propose an alternative fulfilment of the Order but if the Customer does not accept the Supplier’s proposed alternative the Supplier shall have the right to cancel the Order and the Supplier will refund any payment already made by the Customer.
2.5 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the Contract.
2.6 Any samples, descriptive matter or advertising issued by the Supplier and any descriptions of the Goods contained in the Supplier's catalogues or brochures including on the Website are issued or published for the sole purpose of giving a general description of the Foxy Margot Products. They shall not form part of the Contract or have any contractual force.
2.7 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.8 You have a legal right, under the Consumer Contracts Regulations 2013, to change your mind within 14 days and receive a refund. To end the Contract with us, please let us know by emailing us at Margot@foxymargot.com providing us with your order number and contact details.
3.1 The Foxy Margot Products and the underlying formulations and specifications are described on the Website.
3.2 The Supplier reserves the right to amend the underlying formulations and specification of the Goods if required by any applicable statutory or regulatory requirements or in order to improve the Foxy Margot Products or for any other good commercial reason.
4 DELIVERY OF GOODS Free delivery
4.1 The Supplier shall ensure that:
(a) each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Supplier reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
(b) if the Supplier requires the Customer to return any packaging material to the Supplier, that fact is clearly stated on the delivery note. The Customer shall make any such packaging materials available for collection at such times as the Supplier shall reasonably request. Returns of packaging materials shall be at the Supplier's expense.
4.2 The Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after the Supplier notifies the Customer that the Goods are ready for delivery.
4.3 Goods will be delivered free to a Delivery Location within the United Kingdom. Other locations may incur an extra charge.
4.4 Delivery of the Goods shall be completed on the Goods' arrival at the Delivery Location.
4.5 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused either by a delay caused by a carrier or by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
4.6 If the Supplier fails to deliver the Goods, its liability shall be limited to the return of the price paid by the Customer for such Goods.
4.7 If the Customer fails to accept delivery of the Goods within 10 Business Days of the Supplier notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by the Supplier's failure to comply with its obligations under the Contract in respect of the Goods, the Supplier may elect:
(a) to terminate the Contract, in which case the Supplier shall return the amount paid for by the Customer less a termination charge equal to 15% of the price paid by the Goods and the Supplier shall cease to be obliged to deliver the Goods to the Customer; and
(b) to continue the Contract and store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance) and a late delivery charge equal to 2% of the price for such Goods for each month or part month between the original delivery date and the actual delivery date provided that at any time the Supplier may at any time during such period terminate the Contract under paragraph (a) above and the Customer shall then be obliged to pay the amount then accrued in accordance with the foregoing paragraphs of this paragraph and the termination fee under clause
4.8 The Supplier may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment or any other Order.
5 QUALITY OF GOODS
5.1 The Supplier warrants that on delivery the Goods shall:
(a) conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for the purpose held out by the Supplier;
(e) conform to the quantity set out in the Order (within a tolerance of 15% more or less than the specified quantity and if there is a difference within such tolerance then a pro rata adjustment will be made to increase or decree the price accordingly; and
(f) not be damaged in a manner which makes the Goods substantially unusable and any Goods which do not comply with any of such warranties shall be “Defective Goods”
(a) the Customer gives notice in writing during the period of three months after delivery that some or all of the Goods are Defective Goods;
(b) the Supplier is given a reasonable opportunity of examining such Defective Goods;
(c) the Customer (if asked to do so by the Supplier) returns such Defective Goods to the Supplier's place of business at, if the non-compliance with the warranty is proven, the Supplier's cost or, if it, not at the Customer’s cost the Supplier shall, at its option, replace the Defective Goods, or refund the price of the Defective Goods in full.
5.3 Any refunds to be made by the Supplier and any payment to or from the Customer in accordance with clause 5.1(e) will be made using Paypal or the original credit/debit card used for the purchase of the Goods.
5.4 Except as provided in this clause 5, the Supplier shall have no other liability to the Customer in respect of the Defective Goods.
5.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by the Supplier under clause 5.2.
6 TITLE AND RISK
6.1 The risk in the Goods shall pass to the Customer on completion of delivery.
7 CHARGES AND PAYMENT
7.1 The price for Goods shall be the price set out in the Order. The price of the Goods is inclusive of all costs and charges of packaging, insurance, transport of the Goods until delivery at the Delivery Location.
7.2 All Goods ordered through the Website shall be paid for in full immediately after acceptance of an Order and before delivery.
8 LIMITATION OF LIABILITY:
8.1 Nothing in these Conditions shall limit or exclude the Supplier's liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(e) defective products under the Consumer Protection Act 1987. 8.2 Subject to clause
8.1: (a) the Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract ; and
(b) the Supplier's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid for by the Customer in relation to any Goods.
8.3 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
8.4 This clause 8 shall survive termination of the Contract.
9 FORCE MAJEURE
9.1 For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Supplier including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
9.2 The Supplier shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
9.3 If the Force Majeure Event prevents the Supplier from providing any of Goods for more than 4 weeks, the Supplier shall, without limiting its other rights or remedies, have the right to terminate the applicable Contract immediately by giving written notice to the Customer.
10.1 Assignment and other dealings.
(a) The Supplier may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party.
(b) The Customer shall not, without the prior written consent of the Supplier, assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with all or any of its rights or obligations under the Contract.
(a) Any notice or other communication given to a party under or in connection with this Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally or sent by prepaid first-class post or other next working day delivery service, or by commercial courier, fax or e-mail.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 12.2(a); if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by by fax or e-mail, one Business Day after transmission.
(c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action
(a) If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
(b) If any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
10.4 Waiver. A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
10.5 No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, nor constitute either party the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
10.6 Third parties. A person who is not a party to the Contract shall not have any rights to enforce its terms.
10.7 Variation. Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions shall be effective unless it is agreed in writing and signed by the Supplier.
10.8 Governing law. This agreement 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) shall be governed by and construed in accordance with the law of England and Wales.
10.9 Jurisdiction Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
TERMS AND CONDITIONS AS TO WEBSITE USE FOR www.foxymargot.com
Please read these Terms and Conditions carefully before using this site. These terms tell you the rules for using our website ().
1 COMPANY AND CONTACT DETAILS
is a site operated by Harpur Group Ltd. We are registered in England and Wales under company number 13216080 and have our registered office at 10 Cavendish Avenue, Cambridge, Cambridgeshire, England, CB1 7US Our VAT number is XXXXXXX. We are a private limited company. To contact us, please email
2 ACCEPTANCE OF TERMS
2.2 If you do not agree to these terms, you must not use our site. 2.3 We recommend that you print out and retain a copy of these terms for future reference.
3 OTHER APPLICABLE TERMS AND CONDITIONS AND POLICIES
3.1 The following policies will also be applicable to your use of our site:
• our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
3.2 If you purchase goods from our site, our terms and conditions of supply (Supply Terms) will apply to any such purchase.
4 AMENDMENTS TO THESE TERMS
4.1 We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
4.2 We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.
5 AVAILABILITY OF WEBSITE
5.1 We may suspend or withdraw our site at any time without notice.
5.2 Our site is made available free of charge.
5.3 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
6 USE OF WEBSITE
6.2 Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available outside the United Kingdom.
6.3 You must keep your account details safe.
6.4 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
6.6 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us (see paragraph 1 above).
7 USE OF MATERIAL ON THE WEBSITE
7.1 We are the owner of, or the licensee of, or have the right to use all intellectual property rights in our site, and in the content and materials published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
7.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content and materials posted on our site.
7.3 You must not modify the paper or digital copies of any content or materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
7.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
7.5 You must not use any part of the content or materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
8 LIABILITY FOR WEBSITE AND WEBSITE CONTENT
8.1 The content and materials on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content or materials on our site.
8.2 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content or materials on our site is accurate, complete or up to date.
8.3 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
8.4 Our site may include information and materials uploaded by other users of the site, including bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
8.5 If you wish to complain about information and materials uploaded by other users please contact us (see paragraph 1 above)
9 LIMITATION OF LIABILITY OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IS AS FOLLOWS:
9.1 If you are a consumer or a business user: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Supply Terms.
9.2 If you are a business user:
• we exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
• we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, our site; or
(b) use of or reliance on any content or materials displayed on our site.
• in particular, we will not be liable for:
(i) loss of profits, sales, business, or revenue;
(ii) business interruption;
(iii) loss of anticipated savings;
(iv) loss of business opportunity, goodwill or reputation; or
(v) any indirect or consequential loss or damage.
9.3 If you are a consumer user: Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10 UPLOADING CONTENT TO OUR SITE
10.1 Whenever you make use of a feature that allows you to upload content or materials to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
10.2 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
10.3 Any content or materials you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
10.4 We also have the right to disclose your identity to any third party who is claiming that any content or materials posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
10.5 We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
10.6 You are solely responsible for securing and backing up your content.
11 LIABILITY FOR VIRUSES ETC
11.1 We are not responsible for viruses and you must not introduce them onto the site.
11.2 We do not guarantee that our site will be secure or free from bugs or viruses.
11.3 You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
11.4 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
11.5 You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.
11.6 You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
12 RULES ABOUT LINKING TO OUR SITE
12.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
12.2 If you wish to link to or make any use of content on our site other than that set out above, please contact us (see paragraph 1)
13 APPLICABLE LAWS
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and us under which you may access our website (our site). This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our Terms of Website Use.
is a site operated by Harpur Group Ltd. We are registered in England and Wales under company number XXXXXX and we have our registered office at 10 Cavendish Avenue, Cambridge, Cambridgeshire, England, CB1 7US
Our main trading address is XXXXXXX Our VAT number is XXXXXXXX
2 PROHIBITED USES
2.1 You may use our site only for lawful purposes. You may not use our site:
(a) in any way that breaches any applicable local, national or international law or regulation;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) for the purpose of harming or attempting to harm minors in any way;
(d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
(e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
(f) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
2.2 You also agree:
(a) not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
(b) Not to access without authority, interfere with, damage or disrupt:
(i) any part of our site;
(ii) any equipment or network on which our site is stored;
(iii) any software used in the provision of our site; or
(iv) any equipment or network or software owned or used by any third party.