Terms of service
PART 1: TERMS AND CONDITIONS OF SALE
1. These Terms
1.1. In these Conditions, the words and expressions below have the following meanings:
1.1.1. “Accessories” means all accessories sold on the Website, including but not limited to cushions, throws and wall hangings.
1.1.2. “Artworks” means framed artworks sold on the Website.
1.1.3. "Conditions" means these terms and conditions.
1.1.4. “Product(s)” means any Fromental product(s) and samples sold through the Website.
1.1.5. “Samples” means samples of wallpaper.
1.1.6. “Wallpaper” means printed to order rolls of wallpaper sold through the Website.
1.1.7. “We”, “us” and “our” means Fromentalia Limited.
1.1.8. “Website” means the Fromental Website, www.fromental.com.
1.1.9. “You” and “your” means the customer.
1.2. These terms and conditions apply to all orders placed by you, a buyer of our products (“you”) from Fromentalia Ltd (“Fromentalia”, “we”, “us”).
1.3. By placing an order with us you agree to be bound by and comply with these terms and conditions. You should read these terms carefully before placing an order with us. Your attention is particularly drawn to the limitations on liability in clause 17 below.
1.4. These terms may be updated in future without prior notice and the version set out on our on our Website from time to time will always apply.
1.5. These terms will apply to you whether you’re buying as a consumer or a business, but some terms will differ as specified below.
1.6. Where you are a business customer, these terms will apply to the exclusion of all other terms and conditions, including any terms and conditions you purport to include or apply on any orders with us.
2. Order Process
2.1. When you order from us, you are making an offer to purchase your chosen products on these terms and conditions.
2.2. An order acknowledgment email will be sent to you confirming receipt of your order, but your order will only be accepted by us once we despatch your products.
2.3. We reserve the right to refuse to accept an order at our discretion, including where the product is out of stock or unavailable, where we identify a pricing or product description error, where we can’t authorise payment or where you have failed to comply with these terms.
2.4. Once we have accepted your order, you are not allowed to cancel it except where permitted under these terms.
2.5. By placing an order with us, you are confirming that:
2.5.1. you are at least 18 years of age;
2.5.2. you have provided your real name, contact details and payment information at the time of order;
2.5.3. you have provided us with a valid delivery address (please note that PO box numbers, hotels and temporary accommodation addresses are not acceptable);
2.5.4. you will pay using a valid credit or debit card issued by a bank acceptable to us or by another payment method we have agreed in advance; and
2.5.5. you will provide any information we reasonably require to process your order, including measurements and specific product requirements you may have.
3. Our Products
3.1. We take every reasonable precaution to ensure the specifications, features and images for our products and/or sample products listed in our sales communications/websites (each, a “Product”) are as accurate as possible. However, given the nature of made to order and handcrafted products, product images and descriptions are for guidance only and we do not guarantee that Products will be exactly as displayed.
3.2. In particular, by ordering with us you acknowledge that:
3.2.1. Wallpaper Calculator - the results from our wallpaper roll calculator are intended to assist you to determining the amount of Wallpaper you require, but it is your responsibility to ensure that your measurements are accurate and that you order the right amount;
3.2.2. Natural Materials - some Products will vary from their images or any samples due to the unique characteristics of natural materials;
3.2.3. Wallpaper Colours - there will be slight colour variations between batches of Wallpaper we sell as all Wallpaper is printed to order, so we can’t accept liability for colour differences where Wallpaper is ordered at different times;
3.2.4. Handcrafted Variations – many of our Accessories and Artworks are handcrafted so that they are unique and, as such, they will vary in paint colour, silk colour, frame finish and exact composition;
3.2.5. Artwork Bundles - Artworks available for purchase together are intended to be displayed together to be consistent whereas any Artworks not purchasable as bundles are not intended to be consistent and may exhibit differences;
3.2.6. Hand-Finished Products – Many of our Products are hand-finished which will create differences between batches, especially where ordered at different times;
3.2.7. Measurements – our Artworks and Accessories measurements are approximate and there may be variances of up to 2cm in any such Product measurements quoted; and
3.2.8. Blemishes/Marks – Our Wallpapers are derived from original hand-painted Artworks and therefore retain unique handwriting of the original paining, which may include some blemishes and imperfections due to this.
3.3. It is your responsibility to decide if our Products are suitable for your needs and to ensure that they meet any specific requirements or specifications you may have. We cannot accept responsibility for any Products not being suitable because you have failed to do this or because information you have provided to us is incorrect (including any measurements). If you are unsure whether a Product is suitable for you, we recommend ordering a sample of it from us first.
3.4. All Products displayed on our Website are subject to availability and we reserve the right to reject or cancel any order where a Product is no longer available after you have placed your order.
3.5. Augmented Reality (“AR”) Experience
3.5.1. Certain Products may be accompanied by an optional augmented reality experience (“AR Experience”), which consists of a digital animation designed solely to enhance enjoyment of the Product. The AR Experience is not intended to visualise, represent or preview the Product in any physical environment.
3.5.2. You acknowledge and agree that the AR Experience may not function correctly, or at all, in all settings. Its performance may be affected by factors outside our control, including but not limited to:
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lighting conditions;
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physical surroundings;
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device hardware, operating system, camera capabilities and software versions;
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internet or network connectivity; and
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user movement or positioning.
3.5.3. The AR Experience does not form part of the Product itself and does not affect the nature, quality, description or suitability of any Product supplied.
3.5.4. The AR Experience is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we make no representations or warranties, express or implied, in relation to the availability, accuracy, reliability or performance of the AR Experience.
3.5.5. The AR Experience is a hosted digital service. We reserve the right, at our sole discretion, to modify, suspend, withdraw or permanently discontinue the AR Experience (in whole or in part) at any time, with or without notice.
3.5.6. The availability, suspension or withdrawal of the AR Experience shall not:
(a) affect the validity of any Contract for the purchase of Products;
(b) give rise to any right to cancel an order or obtain a refund; or
(c) affect your statutory rights in relation to the physical Products.
3.5.7. We shall not be liable for any loss, damage or inconvenience arising from the unavailability, malfunction or discontinuation of the AR Experience, except where such liability cannot be excluded by law.
4. Samples
4.1. For business customers only we offer the ability to loan bespoke Samples from us via your trade login.
4.2. If we agree to loan a Sample to you, the loan period will be clearly stated at the point of checkout. If a loaned Sample is not returned within this timeframe or is returned to us damaged, we reserve the right to charge you in full for the retail value of the Sample and for any costs we incur because of your default.
4.3. A Sample is a representation of the final product but is subject to batch variation. In some cases, there may be small differences to the final product produced which is a result of the manufacturing process.
5. Product Use
5.1. All our Products are designed and intended to be used for domestic properties. We do not accept liability for any use of them in a commercial or non-residential property.
5.2. Any samples we provide, including any Samples as defined above, are supplied solely for the purpose of the customer deciding whether to purchase that Product. They are not intended to be used for any other purpose and we will not be liable if any of our Products or designs are used to create any other product (such as Artworks) or for any other use.
5.3. Our Products can be affected by light and heat from the sun, therefore we recommend positioning them away from direct sunlight to protect them and prevent fading and premature ageing. We cannot accept liability for any damage to Products caused by them being placed in direct sunlight.
6. Prices
6.1. The price for the products will be stated at the time of your order and include any VAT or other sales Taxes but do not include any applicable delivery charges. However, if you log in with a trade account as detailed further in section 8, trade prices will be displayed excluding VAT (or other sales taxes) and excluding applicable delivery charges.
6.2. If we identify any administrative errors in the price you were quoted at the time of order, we will notify you of this. If you are a consumer customer and the correct price is lower, we will charge you the lower amount and refund any difference. In all other cases, we will inform you in writing and give you the option to proceed with the order and pay any difference or to cancel your order and receive a refund.
6.3. If the rate of VAT changes between your order date and the date we supply the Products, we will adjust the rate of VAT that you pay, unless you have already paid for the Products in full before the change in the rate of VAT takes effect.
7. Payment
7.1. We accept payment with Visa, MasterCard, American Express, Apple Pay, Google Pay, Shop Pay and Klarna for all purchases made via the Website. You confirm that the credit or debit card being used belongs to you. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery. There are no additional charges for using credit or debit cards. The total amount you pay is the same regardless of the payment method.
7.2. All payments must be made at the time of order and we will not process your order unless payment has been received in full.
7.3. If you have not paid for your order on time, we reserve the right to cancel your order, suspend delivery until payment is made or charge you interest at the permitted statutory rate for any late payment.
8. Trade Accounts
8.1. If you are purchasing from us as a business, we may agree to give you a trade account to purchase our Products, provided you give us any information and references we require for this.
9. Gift Vouchers
9.1. We offer gift vouchers to purchase our Products. Gift vouchers are valid for 12 months from the date of purchase.
9.2. Our gift vouchers cannot be redeemed or exchanged for cash. They are non-refundable and can only be redeemed on our Website using their unique code. Gift vouchers may only be used once.
9.3. You must comply with any other conditions or restrictions that apply when using your gift card and we cannot agree to redeem gift vouchers which have expired.
10. Delivery
10.1. We deliver Products worldwide, except for any specific restrictions displayed on our Website at the time of order.
10.2. Any times for delivery are estimates only and delivery lead times may vary depending on the availability and fulfilment location of the Products you order. The delivery times provided on our Website are indicative of typical processing times but are not guaranteed and may vary based on factors such as availability and demand.
10.3. Products are fulfilled from various locations. Therefore, different Products may be dispatched at different times. As a result, Products are likely to have varying delivery lead-times and will be delivered separately based on their fulfilment locations.
10.4. If you are a consumer customer, we will use all reasonable efforts to delivery your order within the time quoted when you placed your order. If delivery of your Products is delayed by anything outside of our control, we will notify you as soon as possible. Provided we notify you we won’t be liable for any delays but if you are a consumer and there is a substantial delay you can write to us to cancel your order and receive a refund.
10.5. Delivery charges may be applicable may vary by load, carrier and location. Delivery charges will be confirmed when your order is accepted, but we reserve the right to update these if our third-party costs for delivery change.
10.6. If you order Products from our Website for delivery to any islands surrounding the UK, such as the Channels Islands, Highlands, Northern Ireland or anywhere outside the UK, they may be subject to import duties and taxes. Such import duties and taxes will be levied when the delivery reaches the specified destination, and you will be responsible for paying these charges. Please note that we have no control over these charges and cannot confirm their amount in advance of your order placement. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws and regulations.
11. Taking Delivery
11.1. Deliveries will be completed when the Products have all been unloaded at your chosen delivery address.
11.2. If you are a consumer customer and are not available to take delivery, you are responsible for rearranging delivery with the courier and for paying any costs incurred because of the failed delivery.
11.3. If you are a business customer, we will not have any liability for any delayed or failed delivery where this is due to you not being available to accept delivery, because you have given us incorrect delivery details or if this is due to the fault of a courier. If you fail to take delivery of your Products, we reserve the right to charge you for any costs we incur because of this.
11.4. If you do not take delivery of the Products and the courier has not been able to complete delivery of the Products, we will store the Products for a maximum of 30 business days. After this time, if you have made no attempt to have the Products redelivered, we reserve the right to dispose of or reallocate the order. In such instances, we will inform you in advance of this date. We reserve the right to charge you for the costs of such redelivery.
11.5. Risk of damage to the Products will pass to you when the Products have been delivered, but ownership of them will only pass once you have paid for the Products in full. If you are a business customer and fail to pay for the Products when due, we reserve the right to enter your premises and recover any unpaid Products.
12. Product Quality
12.1. On delivery the Products will (subject to the limitations in clauses 3 and 12.2):
12.1.1.be as described at the time of you placing your order, except for specific variations as noted in these terms;
12.1.2.be fit for their intended purpose;
12.1.3.be of satisfactory quality (as defined in the Consumer Rights Act 2015); and
12.1.4.comply with any other statutory or regulatory requirement applicable to them.
12.2. We will not be liable for any Product not complying with these warranties where:
12.2.1.the defect arises because you failed to follow our instructions about storing, using or maintain the Products or (if there are none) good practice;
12.2.2.the defect arises because of fair wear and tear, wilful damage, negligence, incorrect installation, fire, smoke, lighting or sunlight damage, infestation by animals or inspects, theft, loss, accidental damage or abnormal storage or working conditions.
13. Problems with your Products
13.1. You should inspect your Products carefully on delivery and before installation to check for any defects.
13.2. If you have any problems with your Products, you must tell us about the problem using the contact details on our Website:
13.2.1.where you are a consumer, as soon as possible and before the Product is used or installed; or
13.2.2.if you are a business customer, within 48 hours of receiving your order.
13.3. We will investigate any issues reported to us and notify you whether we agree that the Products are defective and what your options are:
13.3.1.for business customers, if we agree that your Products were defective, we will offer you either a replacement of the Product (if available) or a refund of the price you paid (if not); and
13.3.2.for consumer customers, you will be entitled to either a replacement Product or a refund if you notify us of the problem within 30 days of receiving your order. If you notify us after that time, we will offer to either repair or replace the defective Product.
13.4. Whilst we are investigating any defective Products, please ensure that the Products are stored safely to avoid further damage and not used in any installation.
14. Returns
14.1. If we have agreed to refund or replace a defective Product, you must return the original Product to us at the delivery address our customer care team provides for this.
14.2. You must take reasonable care when handling the products and return them in their original, unopened, and unused condition, including the original packaging and packaged securely to ensure they aren’t damaged in transit. If returned Products are lost or damaged in transit, we reserve the right to charge you for this where you are a business customer.
14.3. Please ensure that all returns are posted via a tracked method and provide us with the proof of postage and tracking information. We will confirm to you once we have received your return Products. For any returns from outside of the UK, you must mark the product as “BRITISH RETURN GOODS – RELIEF CLAIMED” on all returns packaging.
14.4. We will pay the costs of returns:
14.4.1.if the Products are faulty or mis-described; or
14.4.2.if you are ending the Contract because we have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
14.5. In all other circumstances, you must pay the costs of the return.
14.6. If you are entitled to any refund from us for a returned Product, we will process this for you within 14 days of us receiving your returned Products.
15. Your Rights to Amend or Cancel
15.1. You may amend or cancel your order by contacting us within 24 hours of placing the order, provided that the order has not yet been dispatched. Once an order has been dispatched, we will be unable to accommodate any changes or cancellations.
15.2. For consumer customers, we are unable to offer a right to cancel your Wallpaper order should you change your mind as our Wallpaper is printed to order. You do have a right to change your mind for Artworks and Accessories orders and cancel within 14 days of receiving these Products.. Nothing in these Conditions prevents you from exercising any rights to cancel you have under the Consumer Rights Act 2015.
16. Our Rights to Amend or Cancel
16.1. We may change the Product to reflect changes in relevant laws, regulatory requirements, changes made by the manufacturers of those products or other immaterial changes which do not impact your use or enjoyment of the Products. If we need to make any material changes to the Products before delivery, we will notify you of this in advance and give you the option to proceed or cancel your order.
16.2. We reserve the right to cancel your order if:
16.2.1.you fail to pay for the order in full when due;
16.2.2.you fail to comply with any other terms and conditions which apply;
16.2.3.you fail to give us any information we need to process your order (including measurements and delivery information) when we need it; or
16.2.4.we suspect your order is fraudulent or illegal for any other reason.
16.3. If you are a business customer, we also reserve the right to cancel your orders or suspend deliveries if you have a deterioration in your financial position or become subject to any form of insolvency process.
16.4. Our staff have a right to work in a non-threatening environment, and we reserve the right to refuse sale of products and conduct services or contact with any person who displays verbal, written, physical and/or threatening behaviour towards our staff.
17. Our Liability
17.1. Nothing in these terms limits any liability which cannot legally be limited, including liability for death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or breach of the terms implied by section 12 of the Sale of Products Act 1979 or any rights you may have as a consumer.
17.2. Subject to 17.1, if you are a consumer customer, we are responsible for losses you suffer where we have broken this Contract unless the loss is:
17.2.1. Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
17.2.2. Caused by a delaying event outside our control. As long as we have taken the steps to notify you of the delay as required by these terms.
17.2.3. Avoidable. Something you could have avoided by taking reasonable action.
17.2.4. A business loss. Our liability for any loss you suffer in connection with any trade, business, craft or profession is excluded.
17.3. If you are a business customer, we will not be responsible for losses you suffer where we have broken this Contract if such a breach results from events outside of our control.
17.4. Subject to 17.1, if you are a business customer, our liability in contract, tort (including negligence) or otherwise arising out of the Contract will not exceed the price of the Products and we will have no liability to you for any loss of profits, loss of sales or business, loss of contracts, loss of anticipated savings, loss of or damage to goodwill or any consequential or indirect losses you incur.
17.5. Please note that we cannot accept liability for any costs you incur as a result of unexpected delays causing delays with third parties (such as contractors) you are engaging for any project. We therefore strongly recommend that you do not arrange any contractors or third parties to carry out works using our Products until the Products have been delivered.
18. Data Protection
18.1. We will at all times handle any personal data you share with us in accordance with our legal obligations, including those in the Data Protection Act 2018 and our Privacy Policy.
19. General
19.1. Severance - If any part of these terms is found to be void or unenforceable by any court, such part shall be severed from these terms which will otherwise remain in full force and effect.
19.2. Variation – You are not entitled to vary the terms that apply to your orders without our prior written agreement to the variation. We will be entitled to amend these Conditions for future orders at any time by making the updated terms available on our Website.
19.3. Third party rights – Nothing in these terms gives rights under the Contracts (Rights of Third Parties) Act 1999 to any third party to enforce these terms.
19.4. Governing law & jurisdiction – These terms are governed by English law. You can bring a claim in respect of the Products in the English and Welsh courts and, if you live in another jurisdiction and are a consumer customer, you can bring such claim in either the courts where you live or the English and Welsh courts.