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Terms & Conditions
Terms & Conditions
It is important that you read these terms and conditions carefully. Together with our privacy policy and our terms and conditions of use they govern our relationship with you in relation to this website and your purchase of goods from it. If you are unhappy with any aspect of these, then please contact Mònica at mgarcia@fosambart.com before placing an order. You may have other rights granted by law, and these terms and conditions do not affect these.
All goods sold remain the full and exclusive property of Fosambart until paid for in full. Fosambart retains the right to reclaim all goods at any time until paid for in full. These Terms and Conditions and your use of our web site are governed by English law, and you agree to submit to the non-exclusive jurisdiction of the English court. This does not affect your non-excludable statutory rights. This website and our Terms and Conditions have been designed for use within the United Kingdom and under UK law. Whilst we are happy to consider requests for products and enquiries from outside the United Kingdom, we give no warranty, express or implied, that the use of this website or the placing of any order through this website from outside the UK complies with any applicable non-UK laws or regulations. Accordingly, any products or promotions not permitted under your local law are not offered to you. A contract between the customer and Fosambart for the sale of our products will only exist once an order has been accepted, paid for, processed and dispatched. This does not affect the customer's statutory rights. Prices and availability of goods are subject to change without notice. This means that the price confirmed after placing the order may be different to that charged at delivery. Every effort is made to ensure that this will not happen - please refer to our returns policy. A delivery charge will be added to your order value where appropriate, please see delivery times and charges.
Your Right to Cancel
If you are a consumer (i.e., you are not purchasing either wholly or in part for your business or you are not a business) you have the right, in addition to your other rights, to cancel the contract (other than for personalised or commissioned/bespoke products) and receive a refund from us. You must inform us in writing if you wish to cancel within 28days, starting on the day after the goods are delivered to you.
If you choose to cancel, then you must return the goods to us at your cost and risk (unless the return is due to an oversight on our part), and we advise you to ensure the goods are adequately insured during the return journey. You must ensure that you take reasonable care of the goods. If you fail to assume the costs of returning the items, we will make an additional charge to you for the costs we incur.
If you have not returned the goods within 28 days of cancellation or when requested by us to do so, whichever occurs first, we can collect the goods from you at your cost.
Before returning any item, please contact us to establish the return procedure. Please e-mail: mgarcia@fosambart.com for more information.
Payment and Taxes: Our website is designed to deliver the best possible secure on-line shopping experience to our customers. All prices quoted on this website are accurate at the time of publication and are quoted in pounds sterling (£). Fosambart is not VAT registered. Any customs or import duties levied once the package reaches your destination country will be your responsibility as we have no control over these charges and cannot predict them.
Our Guarantee to You
All dates quoted for delivery are estimated delivery dates only and may be subject to change and we can accept no liability for any loss or damage (whether direct or indirect) for delivery at any time other than the estimated date for delivery. All orders received and paid in full will, subject to availability, be despatched within 2-3 days and sent through the chosen postal system.
UK Delivery
Stock permitting, all orders placed on the web are usually despatched to UK customers within 2-3 working days. If an item is temporarily out of stock, we will notify you of the delay and despatch it as soon as it has been made and completed.
Conformity of Goods
Please note that all products are handmade therefore size and shape may well differ slightly from the photograph on the website. Due to the manufacturing process, the colours of glass may vary from sheet to sheet. Therefore, expect differences in colours and hues in some of the pieces. Glass is very difficult to photograph due to its reflective nature. The photographs have been taken in a way to represent the item as best as possible. However, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used by yourself.
Disclaimer & Limitations of liability
To the fullest extent permitted by law and save as provided above, neither Fosambart nor any associated company shall be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of Fosambart or any of its members, agents, directors, employees or otherwise) for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the products or their use or resale by you. The limitations of liability in these conditions shall apply equally for the benefit of Fosambart and any other associated company of Fosambart as if references to Fosambart included references to each such associated company. While Fosambart uses reasonable endeavours to ensure that the information on this website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and Fosambart will not be responsible for any errors or omissions or for the results arising from the use of such information. While Fosambart takes all reasonable steps to ensure a fast and reliable service, it does not guarantee that your use of this website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system. Further, Fosambart will not be responsible nor liable for your use of any other websites which you may access via links within this website. Fosambart does not control these websites and is not responsible for their content. Any such links are provided merely as a service to users of this website and their inclusion in this website does not constitute an endorsement by or affiliation with Fosambart. The entire liability of Fosambart under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions. Fosambart will not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control. Fosambart may assign or transfer any of its rights or subcontract any of its obligations under these terms and conditions to any third party. You may not assign or transfer any of your rights or subcontract any of your obligations under these terms and conditions except with the specific permission in writing of Fosambart. No person who is not a party to these terms and conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.
Copyright and Trademark
The contents of these pages (including pictures, designs, logos, photographs, text written and other materials) are the copyright trademark of Mònica Garcia-Alonso. ALL RIGHTS RESERVED. The copying, modification, distribution, reproduction, or incorporation into any other work of part or all the material available on this website in any form is prohibited save that you may: Copy, print or download extracts of the material on this website for the sole purpose of using this website or placing an order with Fosambart.
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Privacy Policy
Privacy Policy
Here is a simple summary of information that you probably most want to know
I store your emails but only if you sign up or buy.
I don't buy or "scrape" emails from anyone else
I don't sell your email addresses to anyone else.
You can unsubscribe at anytime.
I do not have access to or store any payment data as the third party services such as Paypal, Stripe and similar services I may use, do my payment processing.
They too, have very strict privacy policies.
If you would like to read in more detail, all the jargon is set out below.
Fosambart Fused Glass Studio (“Fosambart”, "us", "we", or "our") operates the http://www.fosambart.com/ website (the "Service").
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data. We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from http://www.fosambart.com/
Definitions
Personal Data
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies
Cookies are small pieces of data stored on a User’s device.
Data Controller
Data Controller means a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your data.
Data Processor (or Service Providers)
Data Processor (or Service Provider) means any person (other than an employee of the Data Controller) who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
Data Subject
Data Subject is any living individual who is the subject of Personal Data.
User
The User is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.
Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
• Email address
• First name and last name
• Phone number Address, State, Province, ZIP/Postal code, City
• Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Usage Data
We may also collect information how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Tracking & Cookies Data
We use cookies and similar tracking technologies to track the activity on our Service and hold certain information. Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyse our Service. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Fosambart uses the collected data for various purposes:
• To provide and maintain our Service
• To notify you about changes to our Service
• To allow you to participate in interactive features of our Service when you choose to do so
• To provide customer support
• To gather analysis or valuable information so that we can improve our Service
• To monitor the usage of our Service
• To detect, prevent and address technical issues
• To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.
Retention of Data
Fosambart will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
Fosambart will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Transfer of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. If you are located outside United Kingdom and choose to provide information to us, please note that we transfer the data, including Personal Data, to United Kingdom and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. Fosambart will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
Disclosure of Data
Legal Requirements
Fosambart may disclose your Personal Data in the good faith belief that such action is necessary to:
• To comply with a legal obligation
• To protect and defend the rights or property of Fosambart
• To prevent or investigate possible wrongdoing in connection with the Service
• To protect the personal safety of users of the Service or the public
• To protect against legal liability
Security of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Your Rights
Fosambart aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data. Whenever made possible, you can update your Personal Data directly within your account settings section. If you are unable to change your Personal Data, please contact us to make the required changes. If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us. In certain circumstances, you have the right:
• To access and receive a copy of the Personal Data we hold about you
• To rectify any Personal Data held about you that is inaccurate
• To request the deletion of Personal Data held about you
You have the right to data portability for the information you provide to Fosambart. You can request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it. Please note that we may ask you to verify your identity before responding to such requests.
Service Providers
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analysing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Analytics
We may use third-party Service Providers to monitor and analyse the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity. Visit this Google page
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/
Payments
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors). We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
The payment processors we work with are:
Stripe - Their Privacy Policy can be viewed at Privacy Policy (stripe.com)
Paypal - Their Privacy Policy can be viewed at Privacy Statement for PayPal Services
Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Children's Privacy
Our Service does not address anyone under the age of 18 ("Children"). We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
Changes to This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, please contact us:
By email: mgarcia@fosambart.com
By visiting our website: http://www.fosambart.com/ A link to this privacy policy is in the footer of every page.