These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Friday Home, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Friday Home and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Friday Home and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual property and acceptable use
- All Content included on the Website, unless uploaded by User, is the property of Friday Home, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
- You may, for your own personal, non-commercial use only, do the following:
- Retrieve, display and view the Content on a computer screen
- You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Friday Home.
- You may not use the Website for any of the following purposes:
- in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
- in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
- making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
- You must ensure that the details provided by you on registration or at any time are correct and complete.
- You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we communicate with you effectively.
- We may suspend or cancel your registration with immediate effect for any reasonable purposes of if you breach these terms and conditions.
- You may cancel your registration at any time informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation and suspension of your registration does not affect any statutory rights.
Links to other websites
- This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Friday Home or that of our affiliates.
- We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
- The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Availability of the Website and disclaimers
- Any online facilities, tools, services or information that Friday Home makes available through the Website (the Service) is provided “as is” and on an “as available basis”. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Friday Home is under no obligation to update information on the Website.
- Whilst Friday Home uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
- Friday Home accepts no liability for any disruption or non-availability of the Website.
- Friday Home reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of liability
- Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
- We will not be liable to you in respect of any losses arising out of the events beyond our reasonable control.
- To the maximum extent permitted by law, Friday Home accepts no liability for any of the following:
- Any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
- Loss or corruption of any data, database or software;
- Any special, indirect or consequential loss or damage
- You may not transfer any of your rights under these terms and conditions to any other person. We may transfer your rights under these terms and conditions where we reasonably believe your rights will not be affected.
- These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
- These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
- The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
- If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
- Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right of remedy.
- This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English ad Welsh courts.
SHIPPING AND DELIVERY INFORMATION
Note: Orders placed for delivery in North America can be paid for using a USA registered debit or credit card or via PayPal.
WHAT ARE YOUR DELIVERY CHARGES?
Free Standard Shipping on orders above $99
WHEN DO YOU DELIVER?
Your order will dispatch within 5 (five) working days. Note that this is an estimate, not a guarantee. Bad weather, air transport or other reasons beyond our control may cause a delay. Friday Home is not liable for any delays.
WHERE DO YOU DELIVER?
We deliver to all postal areas within the continental US, Alaska, Hawaii and Puerto Rico.
WHAT IF I’M NOT IN WHEN YOU DELIVER?
If the recipient isn’t in, our courier will leave a card confirming that they’ve tried to deliver your parcel and it will be held at your local post office for collection.
LOSS OR DAMAGE DURING SHIPMENT
Occasionally packages get lost or damaged during transit – no matter how carefully it is handled. Fortunately, it doesn’t happen very often.
If your package is lost or damaged in transit, please contact us at firstname.lastname@example.org within 14 days of the date of delivery, or within 14 days of the date you received confirmation that it was lost.
If you need to return a product for any reason relating to the product (e.g., product has a defect, different colour, not the product you ordered), you need to contact our Customer Support at email@example.com.
PRIVACY AND DATA PROTECTION
QUESTIONS ABOUT SHIPPING & DELIVERY?
Please contact Customer Support if you have any questions about shipping and delivery in general, or specifically about the shipping and delivery of your purchases.
TERMS OF SERVICE
All responsible parties are required to understand and enforce the requirements of this policy at all times. Any breach or questionable practice must be reported within 24-hours or the responsible party will be held accountable.
1.0 – TERMS AND CONDITIONS OF SALE
Friday Home (‘Seller’, ‘Vendor’, ‘we’, ‘our’) offers software, hardware and services (‘Goods’, ‘Products’) to our valued customers (‘Purchaser’, ‘Customer’, ‘you’, ‘yours’) for sale under these Terms and Conditions of Sale. These terms and conditions go into force on the date and time when the Purchaser enters payment information to complete a shopping cart transaction on any website using the https://shop.fridayhome.net domain name. Purchaser and Seller shall be deemed on such date to have entered into a legally binding and enforceable agreement for the purchase and sale of the Goods described therein and, together with these Terms and Conditions of Sale shall constitute the ‘Agreement.’ The Seller and Purchaser shall include partners (‘Related Parties’) such as each party’s parent, subsidiaries, affiliated entities and all respective officers, agents, employees, contractors and designees.
3.0 – THIS IS A LEGAL AGREEMENT
- An adult, no less than 18-years of age;
- An individual with the right, authority and the capacity to accept and agree on behalf of yourself;
- An individual with the right, authority and the capacity to accept and agree on behalf of the entity you represent;
- An individual with no legal restrictions that would prevent the adoption of any of these terms.
Please read these Terms and Conditions of Sale carefully before purchasing Goods from the Site.
4.0 – PAYMENTS
Payment for Goods shall be obtained during the transaction using one of the payment methods offered by the Site. No Goods will ship until the payment information provided is validated and the financial transaction is completed. Funds will be collected in the currency selected during the transaction. Friday Home accepts no responsibility for the difference in established prices due to exchange rates between two currencies or the service charges or bank fees for conversion of funds to a new currency.
5.0 – PRICES, DUTIES AND TAXES
Prices on the Site are subject to variation due to currency fluctuations, taxes and shipping requirements to certain locations. In the event of material increase in any such costs, Seller reserves the right to either adjust the prices for Goods accordingly, or to cancel any certain part of the sales relating to undelivered Goods. Duties, taxes, fees, levies and other compulsory payments applicable to the sale of Goods any time, as well as freight, express, insurance and delivery charges, shall all be borne and paid in full by Purchaser, unless otherwise expressly.
6.0 – QUOTATIONS
Unless otherwise stated, all quotations provided by the Site or Friday Home representatives, are valid for 14 days.
7.0 – DELIVERY OF GOODS
Delivery dates noted when the transaction is completed are subject to reasonable adjustment. The acceptance of shipment by a common carrier or by any licensed public truck man shall constitute proper delivery. Risk associated with the Goods shall pass to Purchaser on delivery or with the passing of title in the Goods, whichever occurs first; provided however, that where delivery is delayed due to circumstances caused by or within the responsibility of Purchaser, risk of loss shall pass to Purchaser upon Seller’s notification that Goods are ready for dispatch. All charges, expenses or taxes associated with the delivery shall be paid by the Purchaser. Purchaser should never accept delivery of any Goods that appear damaged or opened. Each delivery of Goods shall (without prejudice to Seller’s rights under clause 10 hereafter) be considered a separate contract and the failure of any delivery shall not vitiate any contract as to deliveries of other Goods and payment therefor.
8.0 – WARRANTY
FRIDAY HOME WARRANTS, FOR A PERIOD OF 1 YEAR FROM THE DATE OF PURCHASE IN THE CASE OF GOODS SOLD TO A PURCHASER IN EUROPE AND, OTHERWISE, FOR A PERIOD OF 1 YEAR FROM THE DATE OF PURCHASE, THAT GOODS WILL MEET THEIR SPECIFICATIONS AND DESCRIPTIONS SUBJECT TO CORRECT USAGE, STORAGE AND FOLLOWING PROPER INSTRUCTIONS AND RECOMMENDATIONS. UNLESS OTHERWISE RESTRICTED BY MANDATORY APPLICABLE LAW, THE WARRANTY SET FORTH HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANT ABILITY, QUALITY AND FITNESS FOR USE AND FOR PURPOSE, ANY ADVICE AND RECOMMENDATION AND ANY OBLIGATIONS OR LIABILITIES WHICH MAY BE IMPUTED TO SELLER, ANY AND ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED, DENIED AND EXCLUDED. PURCHASER EXPRESSLY AGREES THAT NO WARRANTY THAT IS NOT SPECIFICALLY STATED IN THIS AGREEMENT WILL BE CLAIMED OR OTHERWISE ADHERED TO BY PURCHASER AND/OR BY ANYONE ACTING ON PURCHASER’S BEHALF AND/OR BY ANYONE DERIVING THE LEGALITY OF ITS CLAIM FROM PURCHASER, NOR THAT WILL ANY SUCH WARRANTY BE VALID. SELLER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, USE OR HANDLING OF ANY AND ALL GOODS SPECIFIED OR CONTEMPLATED BY THIS CONTRACT. NO WARRANTY IS MADE WITH RESPECT TO ANY OF THESE GOODS WHICH HAVE BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION, IMPROPER CARE AND IMPROPER STORAGE.
9.0 – CLAIMS AND RESPONSIBILITY
Unless Seller shall within 14 days after delivery of the Goods, receive from Purchaser written notice of any matter or thing by reason whereof it is alleged that Goods are not in accordance with the Contract, Goods delivered shall be deemed to have been supplied, delivered and accepted in all respects in full conformity with the Contract and Purchaser shall be entitled neither to reject the same nor to raise any claim for damages or for other remedy in respect of any alleged negligence and/or breach of warranty and/or any condition.
- In any claim, brought subject to the conditions above, Purchaser must prove to the satisfaction of Seller that it followed Seller’s instructions for use, care, storage, maintenance, handling and application of the Goods.
- Unless otherwise specifically restricted by mandatory applicable law, Seller’s liability under any claim and in connection with any possible allegation, whether based on negligence, contract, or any other cause of action, shall be limited to either (i) the replacement of the Goods or the supply of equivalent goods; (ii) the repair, or payment of the cost of repair, of the Goods; or (iii) credit in an amount equal to the purchase price specified in Seller’s pertinent invoice, or in an amount of equivalent goods, all at
- Seller’s sole option. Purchaser acknowledges that the remedy available to him as specified herein, is in lieu of any remedies that may be otherwise available to him, now or in the future, whether in law or in equity, relating to any loss or damage, whether directly or indirectly, arising from the purchase and/or the use of Goods, including without limitation, any actual or contingent damages, loss of production, loss of profit, loss of use, loss of contracts or any other consequential or indirect loss whatsoever, whether pecuniary or non-pecuniary. Should any limitation on Seller’s liability hereunder be held ineffective under applicable law, than Seller’s liability shall in any event be limited to the minimum amount of damages to which Seller may limit its liability, where such is greater than the purchase price as specified in Seller’s pertinent invoice.
- Purchaser, for himself and for any other party which may claim either under or through Purchaser, or independently of Purchaser, including Purchaser’s employees, directors, officers, representatives, affiliates and personnel, shall indemnify and hold Seller harmless, from and against any claim or liability for damages for negligence including but not limited to, any claim in connection with the design, manufacture, use, care, storage, delivery, application or maintenance of any Goods sold hereunder, whether alleged to have been committed by Seller or by any other person whatsoever. Purchaser’s undertaking as specified in this subsection shall extend and inure to the benefit of Seller and of Seller’s successors at any time, as well as to Seller’s affiliates, personnel, representatives, managers, directors and officers. Nothing contained herein shall take effect to exclude or limit liability where liability may not be excluded or limited under applicable law, including, without limitation, for death, personal injury and fraudulent misrepresentations.
- Any and all warranties, undertakings, guarantees or assurances provided herein by Seller, are specifically limited to Purchaser herein, and not imputed by Seller, whether directly or indirectly, expressly or impliedly, to any other person or entity, including any subsequent purchaser or user, bailee, licensee, assignee, employee and agent of Purchaser.
- Purchasers are encouraged to contact customer support at firstname.lastname@example.org to report any claim.
All characters appearing in this work are fictitious. Any resemblance to real persons, living or dead, is purely coincidental.
10.0 – CONTACT INFORMATION FOR FRIDAY HOME
Contact phone numbers and e-mail addresses are published on the Web site at https://shop.fridayhome.net and this information will remain accurate at all times. General inquires or notifications related to this policy can be sent to email@example.com and a representative will make contact. You should be certain to include a valid phone number and account information at a minimum to ensure a quicker response.
11.0 – ASSIGNMENT
No rights or obligations of Purchaser arising out of this Contract may be assigned without the express prior written consent of Seller.
12.0 – LIMIT OF LIABILITY
Friday Home shall not be liable for and shall be held harmless by Purchaser from any damage, losses or claims of whatever kind, contractual or delictual, consequential or incidental, direct or indirect, arising out of, in connection with or resulting from the sale governed hereby or the goods, including, but without limitation, the manufacture, repair, handling, installation, possession, use, operation or dismantling of the goods and any and all claims, actions, suits, and proceedings which may be instituted in respect to the foregoing.
13.0 – INDEMNITY
You agree to indemnify and hold harmless Friday Home and all of its agents, employees, subsidiaries and affiliates from and against any damages, losses, expenses, legal fees that might arise due to your violation of the Terms of Service, or resulting from any negligence or wrongful conduct in connection with the website. You also agree to indemnify and hold harmless Friday Home and all of our agents and employees from and against any claim made by a third party arising from your use of the services or your infringement upon the rights of any other party.
14.0 – FORCE MAJEURE
Should Seller be prevented from effecting deliveries of the Goods or any of them by reason of either an act of god, insurrection, riot, war hostilities, terror attacks, warlike operations, piracy, arrests, restraints or detainments by any competent authority, strikes or combinations or lock-out of workmen, fire, floods, droughts, earthquakes, permanent or temporary delay or inability to obtain labor, material or services through Seller’s usual and regular sources, or any other circumstances (whether of a nature similar to those specified, or not) beyond the absolute control of the Seller, then, in each such cases, the obligation of the Seller to effect deliveries hereunder shall be suspended until after such prevention shall cease to continue. Should any deliveries under this Contract be suspended under this clause for more than 90 days – either party may withdraw from this Contract and be relieved from any liability; provided however, that Purchaser shall nevertheless accept delivery and pay for such Goods once the Seller is able to deliver in accordance with the period(s) of shipment named in this Contract. Seller shall not be liable for, and be relieved from, any loss or damages of any kind resulting from the causes mentioned hereinabove.
15.0 – ADVICE GIVEN
Any provisions specified or implied by herein or elsewhere notwithstanding, any advice, recommendation, information, assistance or service provided by Seller or the Site in relation to the Goods or in respect of their use or application is given in good faith, shall be deemed accepted by Purchaser without imputation of any liability to Seller, and it shall be the responsibility of Purchaser to confirm the accuracy and reliability of the same in light of the use of which Purchaser makes or intends to make of the Goods.
16.0 – RETURNS AND REFUNDS
The policy for returning a product to Friday Home is defined in the SHIPPING & DELIVERY INFORMATION, which applies only after the transfer of title to the Purchaser is final. This document does not govern or apply to Goods owned by the Purchaser.
17.0 – ENTIRE AGREEMENT
This Contract merges the entire terms and conditions for sale of the Goods. In the event of any conflict between the terms herein and any provisions documented in any form, this Agreement shall govern and prevail. Subject to the foregoing, nothing specified in, or referred to by, any other document, record or instrument whatsoever, which relates to and/or which otherwise subsists in connection with the sale of Goods herein, whether expressly or impliedly, including any written order, request or other standard or specific terms of any entity, shall or may be interpreted to attribute to Seller and/or to Seller’s affiliates or representatives (i) any liability, obligation, commitment and/or undertaking, and/or (ii) any waiver in connection with or of any right, whether contractual, proprietary, in-persona and/or equitable, including but not limited to, any and all intellectual property rights in connection with the Goods, which are and shall always remain in the Seller’s exclusive and complete ownership under all circumstances whatsoever, notwithstanding any sale of Goods hereunder and whether the Goods shall be standard Goods or manufactured to a specific order. The Purchaser shall refrain at all times and for whatever purpose from infringing, contesting, disputing or questioning such rights, patents, trademarks, titles or interests, nor shall it aid or allow others to do so, regardless of whether directly or indirectly. No modification or waiver of any provision hereof shall become valid and effective except upon a written instrument duly signed beforehand by Seller. No waiver by either party of any default of the other party shall be deemed a waiver of any subsequent or other default.