Terms of service
TERMS OF SERVICE (Form and Fit)
OVERVIEW
Welcome to Form&Fit! The terms “we”, “us” and “our” refer to Form and Fit (“Form and Fit”). Form&Fit operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Form&Fit is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least 18 years old (or the age of majority in your place of residence) and that you have the right and authority to enter into these Terms.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, delivery information and phone number. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS (BESPOKE / MADE-TO-MEASURE)
We make every effort to provide an accurate representation of our products and services. However, please note that colours or product appearance may differ from how they appear on your screen due to your device settings, lighting conditions and material batches.
Many of our products are bespoke and made-to-measure, built to measurements and choices provided by you (for example: media walls, under-stair storage and fitted wardrobes). Because of the nature of made-to-order work, small variations in finish, grain and tone can occur and are not considered defects.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Form&Fit reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Form&Fit confirms acceptance.
We must receive and process your payment (deposit or full payment, as agreed) before your order is accepted and scheduled. Please review your order carefully before submitting, as Form&Fit may be unable to accommodate cancellation requests after an order is accepted and production has started.
In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address and/or phone number you provided at the time the order was made.
Your purchases are subject to returns or refunds solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation.
Unless otherwise expressly stated, posted prices do not include any additional work that may be required due to incomplete or incorrect measurements, restricted access, unexpected site conditions, or changes requested by you after the quote is agreed. Any additional costs will be discussed and agreed with you in writing before work continues.
You agree to provide current, complete and accurate purchase and payment information for all purchases made through our store and to promptly update your details so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorised to use the payment method for the purchase, (iii) charges incurred by you will be honoured by your bank or card provider, and (iv) you will pay charges incurred at the posted prices and any agreed additional charges.
SECTION 5 - DELIVERY, INSTALLATION AND SCHEDULING
Delivery and installation times are estimates only and are not guaranteed. We are not responsible for delays caused by third parties, supplier delays, traffic, weather, or events outside our control.
If installation is included, you agree to ensure reasonable access to the property and work area. If installation cannot proceed due to access issues, unsafe conditions, or the site not being ready, we may need to reschedule and this may result in additional costs.
Risk of loss passes to you upon delivery of goods to your address (or upon completion of installation, where installation is included and applicable).
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, reviews, video, audio, designs, 3D visuals and the selection and arrangement thereof, are owned by Form&Fit, its affiliates or licensors and are protected by intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material on the Services without our prior written consent.
Form&Fit’s name, logos, product and service names, designs, and slogans are trademarks of Form&Fit or its affiliates or licensors. You must not use such trademarks without our prior written permission. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you leave our site to access third-party sites, you do so at your own risk.
We are not liable for harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review their policies and practices before engaging in any transaction.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Form&Fit is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Form&Fit. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Form&Fit, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Form&Fit.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify may collect and process personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services may be transmitted to Shopify and other service providers (which may be located in other countries) to help provide the Services.
SECTION 11 - FEEDBACK
If you submit ideas, suggestions, feedback, reviews, photos, videos, proposals, plans or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use (for example, using photos of completed work on our website or social media), unless you tell us in writing you do not consent.
You represent and warrant that (i) you own or have all necessary rights to all Feedback, and (ii) your Feedback will comply with these Terms. We may remove Feedback that we determine, in our sole discretion, is unlawful, offensive or violates rights.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services to: violate any laws; infringe intellectual property; harass or abuse any person; transmit false or misleading information; spam; upload malicious code; attempt to gain unauthorised access to the Services; or interfere with security features. We reserve the right to suspend or terminate access if we believe you have violated these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
Sections that by their nature should survive termination will continue to apply, including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability and Governing Law.
SECTION 15 - DISCLAIMER OF WARRANTIES
The Services are provided for general information purposes. We do not warrant the accuracy, completeness, or usefulness of information presented on or through the Services.
Except as expressly stated by Form&Fit, the Services and products are provided “as is” and “as available” without warranties of any kind, whether express or implied, to the fullest extent permitted by law. Nothing in these Terms limits your statutory rights.
SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, Form&Fit (and our employees, contractors and service providers) will not be liable for any indirect, incidental, punitive, special or consequential damages, including loss of profits, revenue, savings or data, arising from your use of the Services or any products/services purchased through the Services.
Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be limited under applicable law.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Form&Fit, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or claims (including reasonable legal fees) payable to any third party due to or arising out of (1) your breach of these Terms, (2) your violation of any law or rights of a third party, or (3) your access to and use of the Services.
SECTION 18 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed. The remaining provisions will remain valid and enforceable.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of Form&Fit to exercise or enforce any right or provision shall not constitute a waiver. These Terms and any policies posted by us constitute the entire agreement between you and Form&Fit and govern your use of the Services.
SECTION 20 - ASSIGNMENT
You may not transfer or assign these Terms without our prior written consent. We may assign or transfer these Terms and our rights/obligations without restriction.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide Services shall be governed by and construed in accordance with the laws of England and Wales. You and Form&Fit agree that the courts of England and Wales will have exclusive jurisdiction, except where mandatory consumer law applies.
SECTION 22 - HEADINGS
Headings are for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates on our website. Your continued use of the Services following changes constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at contact@formandfit.co.uk.
Form&Fit
Email: contact@formandfit.co.uk
Business address: 26 Pearsons Industrial Estate, Hetton-le-Hole, DH5 0BG, United Kingdom
Phone/WhatsApp: +44 7918 936069