Introduction

This website https://fasanara-store.com (hereinafter the “Site”) and any of its associated websites and social media pages (each a “Material” and together the “Materials”) is owned by Fasanara Capital Ltd (“Fasanara”), an asset manager which is regulated by the Financial Conduct Authority of the United Kingdom (“FCA”), with the FCA registration number 551020, and whose registered address is 4th Floor, 40 New Bond Street, London, United Kingdom, W1S 2RX.

Access to the Materials as well as the use of its content are subject to the terms provided hereinafter. By accessing and viewing any Material you confirm that the terms and conditions herein will apply to you each time you access the Material, and each access will be subject to the disclaimers, risk warnings and other information set out herein. You are allowed to access and view the Material in accordance with all applicable laws and regulations of your country of residence.

Intellectual Property Rights

Fasanara is the owner of the Site’s domain name.

The entirety of the Materials, as well as its components (in particular text, structure, software, animated items, photographs, videos, illustrations, drawings, graphic representations, logos, etc.) are creative works protected by intellectual property rights. They are the exclusive property of Fasanara, and Fasanara is the sole person authorised to use said intellectual property and related personality traits, brands, trademarks,
models, creative works, software, databases, interpretations and image rights, whether through ownership or through a formal authorisation or license.

Use of all or part of the Site, particularly by means of downloading, reproduction, transmission, representation or circulation, for purposes other than personal and private use with a non-commercial aim, by you is strictly prohibited.

Any intellectual property rights pertaining to any Fasanara product or element (including the Items, such as trademarks, illustrations, photos, images, models, designs and logos, whether registered or not, is and will remain the exclusive property of Fasanara.

Any total or partial reproduction, downloading, modification or use of Fasanara's trademarks, illustrations, images, photos, logos and designs, for direct or indirect commercial use and on any medium whatsoever, without the express prior written consent of Fasanara, is strictly prohibited.

Accuracy of Information

Whilst considerable care has been taken to ensure the information contained within the Materials is accurate and up to date, no warranty, guarantee or representation is given as to the accuracy, reliability or completeness of any information and no liability is accepted for any errors or omissions in such information.

All products and services referred to in the Materials is subject to change without notice. Fasanara may amend the Materials (including these terms) and its products and services at any time with or would notice to the user. Amendments to these terms shall be published online and shall be deemed accepted without reserve by any and all users accessing the Site after said amendments have been published online. Fasanara is under no obligation to update any Materials or to correct inaccuracies which may become apparent. Fasanara shall have no liability for any direct, indirect, consequential or special losses or damages of any kind whatsoever arising from or in connection with any use of the Materials or its contents.

No information, whether oral or written, obtained by you through or from any Materials or from any conversation with Fasanara staff or a professional consultant will have the effect of varying these terms.

Third Party Websites

Fasanara accepts no responsibility for any information contained in any website accessed via a hyperlink from a Material. No other person/company may link their website into any of the Materials without the
express written permission of Fasanara. The content, accuracy and opinions expressed in such websites are not checked, analysed, monitored or endorsed by Fasanara.

Third Party Content

Materials and information distributed by Fasanara whether in hard copy, website or electronic format, include general news and information, commentary, interactive tools, quotes, research reports and data. Some of this content is supplied by third parties (“Third Party Content”) that are not affiliated with Fasanara (each a “Third Party Content Provider”). Third Party Content is being provided for non-commercial purposes only and may not be copied, used or distributed without the permission of the relevant Third-Party Content Provider. Third Party Content may be protected by international copyrights. All trademarks and service marks appearing in a Material are the exclusive property of their respective owners. These provisions are not intended to, and will not, transfer or grant any rights in or to the Third-Party Content, and the relevant Third-Party Content Provider reserves all such rights. Fasanara Group’s use of any Third-Party Content is not intended to imply that any Third-Party Content Provider sponsors, endorses, sells or promotes any Fasanara products or services. Third Party Content is provided on an “AS IS” basis and Third-Party Content Providers shall have no liability for monetary damages on account of the Third-Party Content provided herein.

General Sale Conditions

Fasanara creates and markets merchandise, including apparel and accessories, with the logos of Fasanara emblazoned on them (hereafter the “Items”). These terms and conditions govern the sale of the Items via the Materials.

The Items are intended to be sold exclusively to the end buyers who are individuals, acting exclusively in a personal capacity or for a gift (the “Customer(s)” or “you”) and who are not involved in any commercial activity (such as resellers or intermediaries acting on behalf of resellers).

Fasanara may at any time update and modify these terms and conditions. The terms and conditions applicable to the sale of an Item to a Customer are those in effect at the time of the conclusion of the sales contract. By purchasing an Item, you will be indicating your acceptance of these terms and conditions. During each purchase of Items on the Site, the Customer must indicate his/her acceptance of the terms and conditions by clicking on the button “Pay now”.

Orders Placed on the Site

Orders can be placed on the Site. The language available for orders placed via the Site is English.

On the Site, the Customer selects, enters and validates the identification and quantity of Items he/she wishes to order; said Items ae added to his/her “cart”. The Customer may add, delete or update the quantity of Items in his/her cart.

Once the Customer has completed his/her selection and wishes to validate the contents of his/her cart, he/she can either:

- check-out as a “guest” and provide the following information for the completion of the order:

• Email or mobile phone number
• Delivery address
• Credit card details.

- opt in to their Shop Pay, PayPal or Google Pay account.

Once all this information has been duly entered and validated, the price of the Items as well as any shipping costs are displayed automatically.  The Customer must carefully check the accuracy of his\her selection before confirming his\her order. By clicking on the "Pay now" button, the Customer places an order for the Item(s) placed in his\her Basket. By proceeding to payment, the Customer accepts these terms and conditions and enters into a sales contract for the Item(s).

The sales contract is deemed concluded when the Item(s) that the Customer has ordered is/are dispatched and the Customer has received a separate e-mail from Fasanara informing him/her of the shipment of his/her order.

In the event of payment by credit card, the sales contract is concluded at the time of the debit of the Customer’s credit card even if the debit of the Customer’s credit card takes place before the dispatch
of the order or before acceptance expressed by another means.

In the event of payment by Shop Pay, PayPal or Google Pay, the sales contract is deemed to have been concluded when the Customer confirms his/her order on the Shop Pay, PayPal or Google Pay.

Item Selection and Availability

The Customer is informed of the description of each of the Items before placing an order (the “Order”).

If the Item(s) ordered are no longer available, Fasanara will inform the Customer as soon as possible, and either the relevant part of the order will be cancelled, or the Customer may cancel the full order. The deposit paid for the cancelled Item(s) will be immediately refunded to the Customer in full on the payment method used for the transaction. Refunds by bank transfer can take up to 14 days to be processed after the cancellation of the order.

Fasanara reserves the right to change the Items offered at any time without notice, but this will not affect the existing Order(s).

Price of the Items

The prices displayed on the Site are indicated in GBP (£) and are inclusive of all taxes (including VAT) but exclude any delivery charges which may apply and will be displayed separately before an Order is placed.

Fasanara reserves the right to change the prices of the Item(s) at any time and without prior notice, except for orders or pre-orders you have already placed.

Once the Order has been placed, the Customer will receive a receipt for the amount paid by him/her, in paper copy with the delivery and, where the service is available, by email.

A receipt may be issued by Fasanara upon request from the Customer.

Payment by Credit Card or Debit Card

Payment for the Customer's purchases can be made by credit card or debit card. Cards from Visa©, MasterCard©, American Express©, UnionPay©, Maestro© and Discover Card© are accepted. 

After validation of the bank details by the Customer on the Site, the latter accesses a secure server operating in SSL mode (128 bits).

The transaction is then carried out by the Customer according to banking security standards. Authentication
is specific to each bank. By communicating their bank card number and/or bank details to Fasanara, on the Site, the Customer accepts in advance and unconditionally that Fasanara proceeds with the secure transaction and authorize their bank in advance to debit his\her account in view of the records or statements transmitted by Fasanara even in the absence of invoices signed by the hand of the holder of the bank card used.

The sales contract is concluded when the Customer's credit card is debited if this debit takes place before the shipment of the Item(s).

Payment by Shop Pay, PayPal or Google Pay

Fasanara accepts payments made via Shop Pay, PayPal or Google Pay for orders made on the Site.

At the time of validation of the order, the Customer chooses the “Shop Pay”, "PayPal" or “Google Pay” payment option and will be automatically redirected to the relevant platform where the Customer will be asked to login. After validation of his\her order with “Shop Pay”, "PayPal" or “Google Pay”, the Customer will be redirected to the confirmation page of the Website.
The shipment of the order takes place only after verification of the method of payment, receipt of the debit authorization from the Customer's bank card or confirmation from “Shop Pay”, "PayPal" or “Google Pay” and verification of the conformity of the order with these terms and conditions.

Delivery of the Order

Once payment of the amount of the Order has been validated, the Items will be delivered to the delivery address.

Please take care to ensure the accuracy of the delivery address at the time of ordering. Once your payment has been received, the Ordered Items will be delivered:

- on the date or within the timeframe indicated to the Customer by Fasanara before the Order is confirmed
or, if no time has been agreed, at the latest, within sixty (60) days of the date of the Order; or

- within the timeframe notified to, and accepted in advance, by the Customer in the event of the temporary unavailability of the Item in question at the time of placing his/her Order.

Delivery charges may apply – Customers will be notified of any applicable delivery charges at the point of completing the Order.

Fasanara's failure to deliver the Items on (a) the scheduled date and (b) any reasonable new scheduled date advised by the Customer, will allow the Customer to bring the contract to an end and receive a refund of the price paid for such Items (“Refund”).

If delivery of the Items is delayed by an event outside of Fasanara’s control, then the Customer shall be contacted as soon as possible, and steps will be taken to minimise the effect of the delay.

Provided Fasanara does this, Fasanara shall not be liable for delays caused by the event, but if there is a risk of substantial delay the Customer may contact Fasanara to end the contract and receive a Refund.

If Fasanara cannot deliver the Item because the Customer is
not at the delivery address at the time (or does not answer the door), Fasanara will make two further delivery attempts without undue delay. If the Customer still does not take delivery, Fasanara will, after those three attempts, cancel and Refund the Order, and the Customer will receive confirmation by email.

Note that, once delivery is made to any agreed location, risk in the Item transfers to the Customer and Fasanara has no responsibility arising from any loss of, or damage to, the Item following such contractually permitted delivery.

 

Customer Data - Privacy Protection

Fasanara is a “controller” of the personal data collected over the Site to fulfil Orders. For information on how Fasanara uses your personal data, please see our Legal & Privacy Policy (together with our separate Internet Browsing and Cookies Policy) accessible here: https://www.fasanara.com. If you have any questions, or wish to exercise any of the rights in relation to your data as described in the Privacy Policy, please contact compliance@fasanara.com

Any third-party payment service provider we use to facilitate the payment process will also act as a separate controller. The payment service provider has its own privacy regulations, privacy policies and procedures, defined independently, for all personal data held by them as Controller and so you should review their privacy policy made available to you during the Order process.  

Ownership of the Items

Fasanara will own the Items until these are received by (a) the Customer, or (b) the intended recipient. You may not resell any Items before this time unless Fasanara has provided its prior written consent.
 

Right to Cancel

NOTE: in all cases, whenever you wish to cancel because you have changed your mind, and where these terms and conditions permit such cancellation you must return all relevant Items to Fasanara in an unused condition and in their original packaging; and we are permitted to make a reduction to any Refund, up to the full purchase price of the Item, to take account of any damage to, or usage or handling of, an Item that affects its value. Please, therefore, be careful.  

As a consumer, you have the legal right to cancel any order within fourteen (14) days of your receipt of the Item without giving any reason. The cancellation period ends fourteen (14) days after the day you or the intended recipient (not the delivery carrier) receives the last Item of the Order.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by an unequivocal statement (e.g. a letter sent by post or e-mail) within the fourteen (14) days period set out above.

The right to cancel does not apply to sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.

In any case, the Customer must return the Items:

- within thirty (30) days of delivery,

- accompanied by the completed return form or a clear statement indicating that you wish to return the Items; and

- in its/their original full packaging.

Items returned must be in their unused original condition with all labels attached and all related packaging, accessories and documents provided. Items that are returned incomplete, damaged, without the label and original packaging, altered, soiled, or in any other condition that would reasonably suggest that they have been used or worn, cannot be exchanged, or returned.

Items not returned or returned incomplete, ruined, without the label, damaged, degraded, soiled or in any other condition that would reasonably suggest that they have been used or worn, will not be refunded or
exchanged and will be returned to the Customer.

Customer’s rights in case of faulty Item(s)

We are under a legal duty to supply Items that are in conformity with these terms and conditions. If your Item is not as described, damaged, or faulty, you may be entitled to a refund or replacement in accordance with your legal rights. If you have any questions or complaints about your Item, please email us at store@fasanara.com. If you wish to exercise your right to reject Items, please arrange for return of the Items as set out above. Upon receipt of your Item(s), and subject to inspection, we will process the return. Where you are entitled to a refund, this will be done in full on the payment method used for the initial transaction.

In addition, gift recipients do not have a right to cancel. Only Customers may exercise that right.

Liability

Information on all Items offered for selling shall be made available on the Site.

The photographs, graphics and descriptions of the Items offered for sale are for illustrative purposes only.

While every effort is made to ensure that the colour and pattern of the Items pictured on the Site, accurately reflect the original Items, variations may occur, in particular due to technical limitations in the colour rendering of the computer equipment. Your Item may vary slightly from those images.

Fasanara shall not be responsible for any loss or damage suffered by a Customer except in respect to death or personal injury directly caused by Fasanara’s gross negligence; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Items and for defective products under the Consumer Protection Act  1987.

Waiver

Even if Fasanara delays enforcing these terms and conditions, it can still enforce these later.

Enforcement of terms and conditions

These terms and conditions are governed and interpreted pursuant to the laws of England and Wales. If any part of these terms is deemed to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
None of these terms and conditions are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to its terms.

Contact information

If you have any questions or complaints, please contact us via email at store@fasanara.com or in writing to Compliance, Fasanara Capital Ltd, 40 New Bond Street, London, W1S 2RX.