Term and Conditions
IMPORTANT INFORMATION
Please read these Terms carefully before using the website or placing an order.
These Terms:
- explain how contracts are formed between you and Fraegra;
- set out your legal rights and responsibilities;
- explain our responsibilities to you;
- contain important information about returns, refunds and cancellations;
- explain limitations applying to promotions, discount codes and website use.
We recommend that you print or retain a copy of these Terms for future reference.
1. INTRODUCTION
1.1 These Terms of Service ("Terms") govern your use of the Fraegra website www.fraegra.com (“Website”) and any purchases made through it.
1.2 The Website is operated by TFS Buying Limited (Company Number 06789840) trading as Fraegra ("Fraegra", "we", "us", "our").
1.2.1 Registered office: 80 Mosley Road, Trafford Park, Manchester M17 1LE
1.2.2 Company number: 06789840
1.2.3 VAT number: GB927568090
1.2.4 Customer service email: customerservice@fraegra.com
1.3 By accessing the website, creating an account, browsing the website or placing an order, you confirm that you accept these Terms.
1.4 If you do not agree to these Terms, you must not use the website.
1.5 Unless expressly stated otherwise, products purchased through the Website are supplied by TFS Buying Limited.
1.6 Fraegra branded physical retail stores may be operated through Indulge Fragrances Limited (Company Number 07025857). Separate terms and conditions may apply to purchases made through physical retail locations.
2. ELIGIBILITY
2.1 The website is intended for use by consumers.
2.2 You must:
2.2.1 be at least 18 years old to purchase age-restricted products;
2.2.2 provide accurate and complete information when placing an order; and
2.2.3 use the website lawfully and in accordance with these Terms.
2.3 We reserve the right to refuse access to the website, terminate accounts or cancel orders where we reasonably believe these Terms have been breached.
3. PRODUCTS
3.1 All products displayed on the website are subject to availability.
3.2 We reserve the right to:
3.2.1 discontinue products;
3.2.2 amend product descriptions;
3.2.3 amend specifications;
3.2.4 amend pricing;
3.2.5 withdraw promotional pricing;
3.2.6 limit quantities purchased;
3.2.7 restrict repeat purchases; and
3.2.8 refuse suspicious or bulk orders.
3.3 Product images, photographs and videos are for illustrative purposes only.
3.4 Actual products may vary slightly from images displayed on the website including with regard to:
3.4.1 packaging;
3.4.2 bottle design;
3.4.3 colour;
3.4.4 branding updates;
3.4.5 presentation;
3.4.6 labelling; and
3.4.7 manufacturer updates.
3.5 Certain products may be available exclusively online or in limited quantities.
3.6 Where products become unavailable after an order is placed, we reserve the right to:
3.6.1 cancel the affected item;
3.6.2 partially fulfil the order;
3.6.3 substitute products where appropriate and agreed;
3.6.4 issue refunds; or
3.6.5 contact customers regarding alternative arrangements.
3.7 Certain products may be excluded from promotions, discount codes or bundle offers.
3.8 We reserve the right to refuse orders where we reasonably believe products are being purchased:
3.8.1 for resale;
3.8.2 for commercial redistribution;
3.8.3 using automated ordering methods; or
3.8.4 contrary to these Terms.
4. ACCOUNT REGISTRATION
4.1 Customers may create an account to:
4.1.1 place and manage orders;
4.1.2 save delivery and payment preferences;
4.1.3 access order history;
4.1.4 manage marketing preferences; and
4.1.5 access promotional or loyalty functionality where available.
4.2 Customers are responsible for maintaining the confidentiality and security of login credentials.
4.3 Customers must ensure account information remains accurate and up to date.
4.4 We reserve the right to suspend or terminate accounts where:
4.4.1 false or misleading information is provided;
4.4.2 fraudulent activity is suspected;
4.4.3 abusive behaviour occurs;
4.4.4 excessive returns behaviour is identified; or
4.4.5 these Terms are breached.
4.5 Customers are responsible for all activities carried out through their accounts unless unauthorised access results from our failure to implement reasonable security measures.
4.6 Customers must notify us immediately if they believe their account has been compromised.
4.7 We reserve the right to refuse account registration requests at our discretion where reasonably necessary to protect the business, website security or other customers.
4.8 You may be required to create an account to access certain functionality.
5. ORDERS
5.1 Placing an order constitutes an offer to purchase goods from us.
5.2 Automated order confirmation emails acknowledge receipt of an order only and do not constitute acceptance.
5.3 A legally binding contract is formed only when goods are dispatched.
5.4 We reserve the right to refuse, cancel or suspend orders where:
5.4.1 products are unavailable;
5.4.2 pricing or promotional errors occur;
5.4.3 payment authorisation fails;
5.4.4 fraud prevention checks fail;
5.4.5 delivery restrictions apply;
5.4.6 customer details cannot be verified;
5.4.7 website or technical errors occur;
5.4.8 suspicious activity is identified;
5.4.9 resale activity is suspected; or
5.4.10 orders otherwise appear inconsistent with normal consumer purchasing activity.
5.5 We reserve the right to limit quantities purchased per customer, household, payment method or delivery address.
5.6 Customers are responsible for ensuring all order details are accurate before submitting orders.
5.7 Amendments to orders may not be possible once processing or dispatch has commenced.
5.8 We may contact customers for additional information or verification before dispatching orders.
5.9 We reserve the right to refuse service where customers engage in abusive, threatening, fraudulent or unreasonable conduct.
6. PRICING
6.1 All prices displayed include VAT unless stated otherwise.
6.2 Delivery charges are shown separately at checkout.
6.3 We take reasonable care to ensure pricing accuracy. However, errors may occasionally occur.
6.4 If an obvious pricing error occurs, we reserve the right to:
6.4.1 cancel the order;
6.4.2 refuse the order; or
6.4.3 contact you before dispatch.
7. PAYMENT
7.1 Payment methods may include Shopify Pay, PayPal, Klarna, Clearpay, Apple Pay and other payment methods displayed during checkout. Availability may vary depending on the order value, products purchased and customer eligibility.
7.2 Payments may be processed through third party providers including payment gateways, digital wallet providers and finance partners.
7.3 Customers confirm that:
7.3.1 payment details supplied are accurate;
7.3.2 they are authorised to use the payment method;
7.3.3 sufficient funds or credit facilities are available; and
7.3.4 payment information belongs to them or is used with proper authority.
7.4 We reserve the right to:
7.4.1 refuse transactions;
7.4.2 conduct anti-fraud screening;
7.4.3 request additional verification;
7.4.4 suspend transactions pending review; and
7.4.5 cancel orders where fraud is suspected.
7.5 Certain payment methods may be unavailable for particular products, territories or promotional campaigns.
7.6 Refunds are generally processed using the original payment method.
7.7 Finance, instalment or deferred payment products may be subject to separate third-party terms and eligibility criteria.
8. DELIVERY
8.1 We offer a range of delivery options which may vary depending on:
8.1.1 the products ordered;
8.1.2 stock availability;
8.1.3 delivery destination;
8.1.4 order value;
8.1.5 product restrictions;
8.1.6 promotional activity;
8.1.7 seasonal demand; and
8.1.8 courier availability.
8.2 Delivery charges and estimated timescales are displayed during checkout.
8.3 Delivery estimates are indicative only and are not guaranteed.
8.4 Orders may occasionally be delayed due to:
8.4.1 courier disruption;
8.4.2 customs clearance delays;
8.4.3 adverse weather;
8.4.4 industrial action;
8.4.5 transport disruption;
8.4.6 high seasonal demand;
8.4.7 stock availability issues;
8.4.8 payment verification delays;
8.4.9 technical or systems failures;
8.4.10 force majeure events; or
8.4.11 events otherwise outside our reasonable control.
8.5 Orders are generally processed only after successful payment authorisation and fraud prevention checks.
8.6 We reserve the right to dispatch orders in instalments where:
8.6.1 certain items are temporarily unavailable;
8.6.2 products are sourced from different fulfilment locations; or
8.6.3 operational circumstances reasonably require split shipment.
8.7 Customers are responsible for ensuring delivery information is accurate and complete.
8.8 Additional charges may apply where:
8.8.1 delivery attempts fail;
8.8.2 parcels are returned to sender;
8.8.3 addresses are incorrect;
8.8.4 re-dispatch is required; or
8.8.5 customers request changes after dispatch.
8.9 Tracking details may be provided where available.
8.10 Customers should inspect parcels promptly upon delivery.
8.11 If products arrive damaged, incomplete or appear tampered with, customers should:
8.11.1 notify Customer Services as soon as reasonably practicable;
8.11.2 retain all packaging where possible; and
8.11.3 provide photographs or supporting information where reasonably requested.
8.12 Failure to notify us promptly may affect courier investigations but does not affect statutory rights.
8.13 Risk in goods passes upon delivery.
8.14 Ownership transfers only once full cleared payment has been received.
8.15 International delivery availability, delivery restrictions, excluded territories, customs requirements and delivery options are described on the Delivery Information page of the website and may be amended from time to time.
8.16 International customers may be responsible for:
8.16.1 customs duties;
8.16.2 import taxes;
8.16.3 local clearance fees;
8.16.4 local regulatory compliance; and
8.16.5 customs processing delays.
8.17 We reserve the right to refuse shipment to territories where:
8.17.1 legal restrictions apply;
8.17.2 courier services are unavailable;
8.17.3 fraud risks are elevated; or
8.17.4 operational limitations apply.
9. DELIVERY CARRIERS AND SIGNATURE REQUIREMENTS
9.1 Orders within the United Kingdom will generally be delivered using Royal Mail or DPD.
9.2 International orders may be delivered using Asendia or such alternative carriers as we may select from time to time.
9.3 Current delivery options, delivery charges, delivery territories and estimated delivery times are set out on the Delivery Information page of the website and may be amended from time to time.
9.4 We reserve the right to require a signature on delivery for higher value orders. At launch, orders with a value exceeding £150 may require a signature upon delivery.
10. RETURNS & REFUNDS
10.1 Please see our Returns & Refund Policy.
10.2 Nothing in these Terms affects your statutory rights.
11. PERSONALISED PRODUCTS
Personalisation and engraving services are not currently available at launch. If introduced in future, additional terms may apply.
12. PROMOTIONS & DISCOUNT CODES
12.1 Promotional offers, discount codes and campaigns are subject to availability and may be amended, suspended or withdrawn at any time.
12.2 Unless expressly stated otherwise:
12.2.1 discount codes cannot be combined;
12.2.2 only one promotional code may be used per order;
12.2.3 promotions exclude gift cards;
12.2.4 promotions exclude delivery charges;
12.2.5 promotions are available only while stocks last; and
12.2.6 promotions are available only within the stated promotional period.
12.3 We reserve the right to:
12.3.1 refuse or cancel orders where promotional misuse is suspected;
12.3.2 withdraw promotions where technical or operational errors occur;
12.3.3 amend eligibility criteria;
12.3.4 substitute promotional items where necessary; and
12.3.5 limit quantities purchased under promotional offers.
12.4 Promotions may be unavailable in conjunction with affiliate, employee, influencer or partner programmes.
12.5 We reserve the right to invalidate promotions obtained through:
12.5.1 automated methods;
12.5.2 unauthorised third party websites;
12.5.3 fraudulent activity;
12.5.4 duplicate accounts; or
12.5.5 technical manipulation.
12.6 Separate terms may apply to specific campaigns, competitions, giveaways or referral programmes.
12.7 Promotional imagery and marketing materials are illustrative only and may not reflect exact product presentation, packaging or availability.
13. GIFT CARDS
13.1 Gift cards and electronic gift cards may be purchased subject to availability.
13.2 Gift cards:
13.2.1 cannot generally be exchanged for cash;
13.2.2 are non-refundable unless required by law;
13.2.3 may not be resold;
13.2.4 may be subject to expiry periods;
13.2.5 may be subject to minimum or maximum values; and
13.2.6 may not be valid for certain promotional or restricted products.
13.3 Remaining balances may continue to be used until expiry where applicable.
13.4 We reserve the right to:
13.4.1 refuse suspicious gift card transactions;
13.4.2 limit gift card purchases;
13.4.3 cancel gift cards obtained fraudulently; and
13.4.4 suspend gift card functionality during technical or security investigations.
13.5 We are not responsible for lost, stolen, damaged or unauthorised use of gift cards except where required by law.
13.6 Refunds involving gift card payments may be processed back to gift cards or replacement gift cards where appropriate.
13.7 Additional terms may apply to gift card promotions or bonus credit campaigns.
14. ACCEPTABLE USE
14.1 Customers may use the website only for lawful personal consumer purposes.
14.2 Customers must not:
14.2.1 misuse the website;
14.2.2 interfere with website security;
14.2.3 upload malicious code;
14.2.4 attempt unauthorised access to systems or accounts;
14.2.5 scrape, harvest or mine website data;
14.2.6 use automated purchasing tools or bots;
14.2.7 overload systems or infrastructure;
14.2.8 circumvent website protections or restrictions;
14.2.9 submit false or misleading information; or
14.2.10 use the website for unlawful, fraudulent or abusive purposes.
14.3 We reserve the right to suspend accounts, restrict access, cancel orders and investigate misuse where reasonably necessary.
14.4 Customers remain responsible for ensuring devices used to access the website are appropriately secured and protected.
15. INTELLECTUAL PROPERTY
15.1 All website content, including the following, is owned by or licensed to Fraegra:
15.1.1 trademarks;
15.1.2 logos;
15.1.3 graphics;
15.1.4 text;
15.1.5 photographs;
15.1.6 software;
15.1.7 branding;
15.1.8 layouts.
15.2 No content may be copied, reproduced or distributed without written permission.
16. USER CONTENT
16.1 Where customers submit reviews, comments or other content, you grant us a non-exclusive, royalty-free licence to use, reproduce and display such content.
16.2 You confirm submitted content:
16.2.1 is accurate;
16.2.2 does not infringe third party rights;
16.2.3 is not unlawful or offensive.
16.3 We reserve the right to remove content.
17. THIRD PARTY LINKS
17.1 The website may contain links to third party websites.
17.2 We are not responsible for:
17.2.1 third party content;
17.2.2 availability;
17.2.3 policies;
17.2.4 practices.
18. LIABILITY
18.1 Nothing in these Terms excludes or limits liability where unlawful to do so, including liability for:
18.1.1 death or personal injury caused by negligence;
18.1.2 fraud or fraudulent misrepresentation;
18.1.3 defective products under applicable consumer law; and
18.1.4 breaches of statutory consumer rights.
18.2 Subject to the above:
18.2.1 we are responsible for foreseeable loss or damage caused by our breach of these Terms;
18.2.2 we are not responsible for losses which are not foreseeable;
18.2.3 we are not responsible for indirect or consequential losses;
18.2.4 we are not responsible for business losses suffered by consumers using the website for non-personal purposes, including (without limitation) loss of profit or loss of opportunity;
18.2.5 we are not responsible for delays or failures caused by events outside our reasonable control;
18.2.6 we are not responsible for misuse of products contrary to instructions, warnings or reasonable use expectations.
18.3 Customers should ensure products are suitable for their intended purposes and follow all usage guidance, warnings and manufacturer instructions.
19. WEBSITE AVAILABILITY
19.1 We aim to maintain website availability and functionality at all times where reasonably practicable.
19.2 However, we do not guarantee that the website will:
19.2.1 always be available;
19.2.2 operate uninterrupted;
19.2.3 be error-free;
19.2.4 remain compatible with all devices or software; or
19.2.5 remain free from bugs, viruses or malicious code.
19.3 Where reasonably necessary, we reserve the right to:
19.3.1 suspend access;
19.3.2 remove functionality;
19.3.3 update systems;
19.3.4 restrict access;
19.3.5 amend website content; and
19.3.6 conduct maintenance or security work.
19.4 Customers are responsible for:
19.4.1 maintaining suitable device security;
19.4.2 implementing anti-virus protections;
19.4.3 maintaining internet connectivity; and
19.4.4 ensuring compatibility with supported browsers and systems.
19.5 We reserve the right to investigate misuse, security incidents or operational threats involving the website.
19.6 Unauthorised attempts to do any of the following may result in account suspension, legal action or referral to relevant authorities:
19.6.1 access systems;
19.6.2 scrape website data;
19.6.3 interfere with security;
19.6.4 disrupt website functionality; or
19.6.5 deploy malicious software.
20. PRIVACY
Use of personal data is governed by the Privacy Policy.
21. CHANGES TO THESE TERMS
We may amend these Terms from time to time.
The Terms in force at the date of order apply to that order.
22. GOVERNING LAW
These Terms are governed by the laws of England and Wales.
Consumers may also have rights under local mandatory consumer laws.
