Terms & Conditions
Welcome to www.follioil.com (the "Website"). We hope you enjoy spending some time with us here. The Website is operated by Artisan Aromas Limited (a company incorporated in England and Wales with company number 09573968, registered address at 6 Youngs Orchard, Stroud, Gloucestershire, GL5 2RU, England and/or its group companies (together, referred to as “Folli Oil”, us, we or our).
These terms and conditions (the “Terms”) set out the terms on which you make use of the Website and apply to every page of the Website. By using the Website you confirm that you accept the Terms and that you agree to comply with them.
CHANGES TO THE TERMS AND/OR THE WEBSITE
The Terms may be revised at any time by amending this page. Please check this page from time to time to take notice of any changes made, as they are binding on you. The Terms were last updated on 3 August 2021.
The Website may be updated or its content changed from time to time. The content on the Website may be out of date at any given time and there is no obligation to update it. There is no guarantee that the Website, or any content on it, will be free from errors or omissions.
ACCESS TO THE WEBSITE AND ACCEPTABLE USE
The Website is made available free of charge. There is no guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis and all or any part of the Website may be withdrawn without notice without liability.
You are responsible for making all arrangements necessary to have access to the Website and for ensuring that all persons who access the Website through your internet connection are aware of the Terms and that they comply with them. When using the Website, you must comply with all applicable local, national and international laws and regulations. The Website can be accessed from anywhere in the world however it is directed solely to website users residing in the UK.
The Website is available only to people who can form legally binding contracts under applicable law. In particular, by accessing or using the Website, you warrant to us that you are legally capable of accessing and using the Website in your country of residence.
You may link to the Website provided that you do so in a way that is fair and legal and that does not damage or take advantage of the reputation of Folli Oil. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Website from any website that is not owned by you. The Website must not be framed on any other website. We reserve the right to withdraw linking permission without notice.
The content on the Website is provided for general information only. It is not intended to amount to any medical, dermatological, dental or other advice on which you should rely. While we will always try and ensure the Website is kept up-to-date, we cannot warrant the completeness or accuracy of any of the information.
We cannot accept any liability or responsibility for any loss which may arise from reliance on material on the Website, whether it is our material or material posted by a third party (such as Contributions or UGC, as each is defined in the Terms).
LIMITATION OF LIABILITY
To the extent permitted by law, all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied, are excluded. Nothing in the Terms excludes or limits liability for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, liability for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, the Website or the use or reliance on any content displayed on the Website is excluded.
Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those websites or resources and assumes no responsibility for such content. Such links should not be interpreted as an endorsement by us of those linked websites.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms, including any contract between you and us concluded under the Terms and conditions, such as, but not limited to, a contract for the sale of Products (as defined in the Terms) to you, that is caused by events outside our reasonable control (a “Force Majeure”). A Force Majeure may include, without limitation: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any contract is deemed to be suspended for the period that the Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use reasonable commercial endeavours to bring the Force Majeure to a close or to find a solution by which our obligations under any contract may be performed despite the Force Majeure occurring.
In respect of any of your obligations under the Terms or pursuant to any contract subject to the Terms, if we: (a) fail to insist on strict performance of your obligations; or (b) do not exercise any rights or remedies to which we are entitled under the Terms or by law, that shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
Any waiver by us under the Terms shall only be effective if it is expressly stated to be a waiver and is communicated to you in writing as per the Notices section of the Terms. A waiver by us of any default shall not constitute a waiver of any other default.
Each provision of the Terms is severable and distinct from the others. If any provision of the Terms is or becomes illegal, invalid or unenforceable, that shall not affect the legality, validity or enforceability of any other provision of the Terms.
If any provision of the Terms is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of the provision was deleted or modified, the provision in question shall apply with such deletions and modifications as may be necessary to make it legal, valid and enforceable.
The Terms and any documents referred to in them (in each case, as amended from time to time), constitute the entire agreement between us and you in relation to use of the Website and/or supply any of the services or any of the products to you and supersedes all previous agreements in respect of the same.
When using the Website you accept that communication with us will be mainly electronic. We will generally contact you via the email address you provide to us. By using the Website you agree to this means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically, comply with any legal requirement to provide such notice in writing. This does not affect your legal rights.
We may give notice to you by: (a) posting it on the Website; or (b) sending it to an address (email or postal) that you have provided to us. Notice will be deemed received and properly served: (a) if posted on this Website, immediately; or (b) if sent my email, 24 hours after the email is sent; or (c) if sent by post, three days after the date of posting the letter.
You may give notices to us in writing at Folli Oil, 6 Youngs Orchard, Stroud, GL5 2RU with a pdf copy sent to firstname.lastname@example.org. Notice will be deemed to be received three days after the date of posting the letter.
The Terms are available in English only. If we make any other language version of the Terms available, these are for information purposes only and the English language version shall prevail.
The Terms, any contract in respect of a transaction carried out through or via the Website, and any non-contractual obligations arising in connection with either the Terms of such transactions, will be governed by English law. The English courts will have exclusive jurisdiction over any dispute between us.
SALE OF GOODS POLICY
TRANSACTIONS CONCLUDED THROUGH THE WEBSITE
Contracts for the sale of goods or services (referred to as “Products”) formed through the Website, or as a result of your visits to the Website, are governed by the Terms.
All such contracts are binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of any such contract, or any of your rights or obligations under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of any contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
CONDITIONS OF SUPPLY
You: You warrant to us that you are legally capable of entering into binding contracts.
Us: Folli Oil is the supplier of the Products and any contract is made between you and Folli Oil.
Availability: We will try to maintain up-to-date information on the Website about Product availability. However, all Products are subject to availability. If we cannot supply you with the Products you ordered, we will not process your order for that Product and we will inform you of this in writing (including email). If you have already made a payment in respect of a Product, we will refund you in respect of that Product in full as soon as reasonably practicable.
The contract between us: When you order Products, you are required to provide us with your email address. We will notify you to your email address as soon as possible to confirm that we have received your order. Such notification does not constitute acceptance of your order. We will confirm our acceptance of your order by notifying you to your email address that the Product has been dispatched (the “Dispatch Notice”). The contract between us will be formed upon us sending you the relevant Dispatch Notice.
We may choose not to accept all or any part of your order for any reason, including due to availability of the Product. We will not be liable to you or anyone else if we choose not to accept your order for any reason. If you have already made a payment in respect of a Product, we will refund you in respect of that Product in full as soon as reasonably practicable.
The contract between us will relate only to those Products which are confirmed in the Dispatch Notice.
Price: The price of a Product will be as quoted on the Website from time to time, except in case of obvious error. Prices are inclusive of UK VAT and any other sales tax applicable in the UK.
Prices are exclusive of delivery costs, which will be added to your order before your payment is finalised.
Prices do not include sales tax, import duty or any other charge imposed by any country other than the UK.
Prices are liable to change at any time, but (except in cases of obvious error) changes will not affect orders in respect of which the ordering process is complete.
Import duties: If you order Products from the Website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. 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.
Discount codes: We may from time to time offer promotional discount codes (either directly or via third parties) which will apply to specified purchases made though the Website. Unless otherwise expressly stated, such codes may only be applied to purchases of full-price items and cannot be used in conjunction with other offers or discounts. Codes must be correctly entered at the checkout to be valid.
Only one discount code may be used per order. Discount codes may not be used against delivery prices unless otherwise stated.
You can pay by MasterCard, Visa credit, Visa debit, Visa Electron, Maestro, American Express, PayPal, Shopify Pay, Apple Pay, and Google Pay. In placing your order with a credit or debit card or by PayPal or Shopify Pay, or Google Pay, or Apple Pay you confirm that the card/payment method being used is yours and/or you are authorised to use it and that there are sufficient funds or credit facilities to cover the cost of any Products. We may obtain validation of your credit or debit card details or payment method details before providing you with any Products. All customers are subject to validation checks and authorisation by the card issuer/payment provider.
If the issuer of your payment method refuses to authorise payment, we will not accept your order or be under any obligation to deliver the relevant Products. We will not be obliged to inform you of the reason for the refusal, and we will not be liable for non-delivery of the Products ordered.
We are not responsible for your card issuer, bank or payment provider charging you as a result of our processing of your credit/debit card/payment method in accordance with your order.
Your credit/debit card or payment method will be charged promptly after you place your order.
If your payment is not received and you have already received the Products you ordered from us, you must pay for the Products or return those Products to us in accordance with reasonable return instructions that we provide to you and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect (or arrange for collection) the Products at your expense. We reserve the right to charge you for any and all damage to any Products that are the subject of an unpaid order.
Apple Pay is a trademark of Apple Inc.
Buy Now, Pay Later:
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we also offer you the following payment methods. When you pay via these methods, payment is to be made to Klarna.
- Pay in 30 days: The payment period is 30 days from shipment of the Products. You can find the complete terms and conditions for the markets where this payment method is available here: United Kingdom, Germany, Sweden, Norway, Denmark, Finland, Austria, Switzerland, and The Netherlands.
- Financing (Slice It): With the financing service from Klarna you can pay your purchase in flexible or fixed monthly instalments according to the conditions stated in the checkout. The instalment payment is due at the end of each month after submission of a separate monthly invoice by Klarna. Further information regarding Slice It including terms and conditions and Standard European Consumer Credit Information you can find here for the markets where this payment method is available: Austria, the United Kingdom, Germany, Sweden, Norway, Denmark, and Finland.
The payment methods Pay in 30 days, and Slice It are only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. General information about Klarna and the user terms per country can be found on klarna.com. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement.
Subject to availability, we will use reasonable endeavours to deliver your Products to you within the time stated for the delivery service that you selected. To reduce packaging waste, we have designed our packaging for our most common order sizes. This means that if you have ordered a large number of products you may receive multiple parcels. In these circumstances you will only be charged once for delivery.
The confirmation of dispatch (set out in the Dispatch Notice) will contain an “order tracking number” and a link to the website of our nominated courier so you can track the status of your delivery. Please note that sometimes it might take until the morning after you receive your Dispatch Notice for the courier’s tracking service to update (this is especially true if your Products are dispatched late in the day).
We aim to dispatch the goods as soon as practicably possible and in most instances (if the Product is in stock), this is within one working day.
Unfortunately, we cannot control courier services, their accuracy, or promptness with deliveries. Any dates specified for delivery should be approximate and we cannot accept liability for any losses, costs, damages, charges or expenses caused by any delay.
DELIVERY COSTS AND TIMINGS
Delivery charges for your order will be displayed on the order page before payment is requested. While we and our courier services will try to deliver your order within the timeframes specified, this cannot always be guaranteed.
Please note that we have to work to order cut-off times. If your order is received after 2.00pm (UK time), it will be deemed to have been received the next working day.
RIGHT TO CANCEL
Under UK law, you have the right to cancel your order within 14 days following the receipt of your Product(s) and provided the Products have not been used or marked, and are in a resalable condition (i.e. in original form). Refunds for orders cancelled under the provisions of the Consumer (Information, Cancellation and Additional Payments) Regulations 2013 will be processed in accordance with your legal rights. You will receive a full refund in respect of that Product, and the minimum delivery charge. Refunds will be made to the original payment method.
This is not intended to be a full statement of all your rights under the Consumer Contracts Regulations. Full details of your rights under the Consumer Contracts Regulations are available from your local Citizens' Advice Bureau or your Local Authority's Trading Standards Office.
To arrange a return and refund following a cancellation of your order, please email us at email@example.com as soon as possible once you have decided you would like to cancel your order (you can do this before or up to 14 days after you have received the Product(s)). Please quote your order number in your email and the Product you would like to return. We will provide you with instructions for the return but please note that you will need to arrange to send us the goods (at your own cost and expense). Goods must be in their original condition and will be inspected on arrival.
FAULTY OR DAMAGED PRODUCTS
We want you to be happy with your Products and will do everything we can to help if there is a problem.
If any Product is damaged or faulty when delivered, we may offer an exchange or refund, as appropriate. If you believe a Product you have received is damaged or faulty, please email firstname.lastname@example.org and we will provide you with instructions for the return. We will make sure you are reimbursed for your costs of postage and return, if your Products arrived damaged or faulty.
Please note that nothing in this section affects your legal rights under applicable law.
In extremely rare circumstances, we may need to recall a Product. In such circumstances, you agree to cooperate with us and provide your reasonable assistance as required by us. The safety of our Products is paramount to us and we will take any events relating to a Product recall extremely seriously. Please notify us immediately at email@example.com if you suspect there is a possibility of a Product needing to become the subject of a recall.
From time to time, we may run competitions on or via the Website. Those competitions and your entry into them will be governed by separate competition rules.
INTELLECTUAL PROPERTY POLICY
We are the owner and/or licensee of the “Folli Oil” trade and brand names, trade marks, related marks, and get-up. Unless we expressly state otherwise, all intellectual property rights in the Website, including all copyrights, images, software, designs, text, sound, logos, artwork, look and feel of the Website, devices, branding, trademarks, product selection, arrangement, product names, and other content included in or supplied as part of the Website and coordination of such content on the Website (together referred to as the “Intellectual Property”), is owned by or licensed to us or one of our group companies. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may access and use the Intellectual Property on the Website for your own personal and non-commercial use and for the purpose of placing orders with us. Except with our written permission and provided you acknowledge us as the authors of the Intellectual Property, you may not modify, copy, reproduce, upload, or distribute, by any means, any material or information on or downloaded from the Website. By accessing the Website, you acknowledge and agree that all Intellectual Property shall at all times remain our property and/or shall at all times be vested in us or our related entities or third party licensors.
CONTENT PROVIDED BY YOU
All Contributions (as defined in our Acceptable Use Policy, below) to the Website made by you, are subject to our Acceptable Use Policy as part of the Terms.
SOCIAL MEDIA CONTENT
We may, subject to the Terms, use user-generated images, videos, reviews, testimonials, or stories posted to social media sites such as Facebook, Instagram, YouTube, and Twitter (“User Generated Content” or “UGC”). You can provide us with permission to use your UGC by tagging us in your post or using the hashtag #follioil. In addition, we may, but have no obligation, to contact you via your social media profile to receive your consent to use your UGC. We will use reasonable endeavours to credit you if we use any of your UGC. By providing you permission to use your UGC:
- You agree that we may, at our discretion, use, copy, distribute, edit, publish, and disclose to third parties your UGC (including your name, if given) for any purpose, including for advertising and promotional purposes, on a worldwide basis, for the duration of any copyright subsisting in your UGC, without payment of any fee, royalty, or other compensation;
- To the fullest extent allowed by law, you waive your moral rights in your UGC throughout the world;
- You represent and warrant that you own all intellectual property rights and other rights in your UGC, including but not limited to copyright and image rights;
- You acknowledge that our use of your UGC will not constitute infringement of any of your rights, including copyright, defamation, privacy, publicity rights, or the equivalent rights of any third party (including anyone whose likeness is included in your UGC);
- You agree that, if requested, you will sign or will use all reasonable endeavours to procure that any third party will sign any documents necessary to transfer the copyright or any other rights in your UGC to us;
- Subject always to our Limitation of Liability statement, you release us from any and all claims, liabilities, or damages arising from our use of the UGC (including in relation to privacy and image rights); and
- Your UGC will be considered non-confidential and non-proprietary. You agree that we may disclose your details to any third party which is claiming that your UGC is a violation of their intellectual property rights or other legal rights.
To the extent permitted by law, we exclude all liability for any third party claims, losses, and/or direct and indirect damages, arising out of or in connection with the use of your UGC. You agree to indemnity, defend and hold us, our officers, directors, employees, agents and suppliers, harmless from and against all claims, liability, damages, losses, and properly and reasonably incurred costs and expenses arising out of or in connection with our use of your UGC.
If you believe your work has been copied in a way which infringes your intellectual property rights, please contact us at firstname.lastname@example.org.
If you do not agree to this section of the Terms, please do not tag us or use the hashtag #follioil in your social media posts.
ACCEPTABLE USE POLICY
It’s really important to us that everyone using the Website has a safe and enjoyable experience. We do not and will not tolerate any bullying, abuse, discrimination or similar behaviour in our community.
For the purpose of the Terms, “Contributions” means material which you contribute to the Website, including reviews, comments, stories, testimonials, images, and videos.
All Contributions must be accurate and, if they express an opinion, must be a genuinely held view.
Contributions must not be intended or likely to upset, harass, embarrass, another person. They must not:
- Contain anything defamatory, obscene, offensive, hateful, threatening or inflammatory;
- Contain or promote sexually explicit material or violence;
- Contain or promote discrmination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Infringe anyone else’s intellectual property rights;
- Be used for deception, or to mislead as to your identity or affiliations;
- Promote or suggest anything unlawful or be made in breach of any legal obligation, including a contractual duty of confidentiality obligation; or
- Purport to be a view of ours, or shared by us.
You may only use the Website for lawful purposes. You may not use the Website: (a) in a manner that breaches our Content Standards (as set out above); (b) for the purpose of harming or attempting to harm any other person (including minors); (c) to promote any unauthorised promotional material; or (d) in any way which is illegal.
OWNERSHIP OF CONTRIBUTIONS
By making a Contribution:
- You agree that we may, at our discretion, use, copy, distribute, edit, publish, and disclose to third parties your Contribution (including your name, if given) for any purpose, including for advertising and promotional purposes, on a worldwide basis, for the duration of any copyright subsisting in your Contribution, without payment of any fee, royalty, or other compensation;
- To the fullest extent allowed by law, you waive your moral rights in your Contribution throughout the world;
- You represent and warrant that you own all intellectual property rights and other rights in your Contribution, including but not limited to copyright and image rights;
- You acknowledge that our use of your Contribution will not constitute infringement of any of your rights, including copyright, defamation, privacy, publicity rights, or the equivalent rights of any third party (including anyone whose likeness is included in your Contribution);
- You agree that, if requested, you will sign or will use all reasonable endeavours to procure that any third party will sign any documents necessary to transfer the copyright or any other rights in the Contribution to us;
- Subject always to our Limitation of Liability statement, you release us from any and all claims, liabilities, or damages arising from our use of the Contribution (including in relation to privacy and image rights); and
- Your Contribution will be considered non-confidential and non-proprietary. You agree that we may disclose your details to any third party which is claiming that your Contribution is a violation of their intellectual property rights or other legal rights.
YOUR ACCOUNT WITH US
We may offer you the ability to open an account with us. If you choose to do so, please ensure the details you provide are correct and complete. If you notice that any of the information is inaccurate or needs to be changed, please let us know by emailing email@example.com.
Please make sure you keep any usernames and passwords associated with your account confidential. Any activity by your account will be deemed to have been carried out by you. If you believe the security of your account has been compromised, please contact us immediately at firstname.lastname@example.org.
INTERFERENCE WITH THE WEBSITE
You must not attempt to interfere with the proper working of the Website – for example, by attempting to circumvent security or tamper with or disrupt any computer or internet device. You must not transmit any material containing viruses, Trojans, worms, spyware, adware, or any other harmful programs or code.
Anyone misusing the Website in this way may be committing a criminal offence and we reserve the right to report this to the relevant law enforcement authorities and to co-operate with those authorities by disclosing the relevant user’s identity to them. In addition, we reserve the right to seek damages and costs (including legal fees) from any such user to the fullest extent permitted by law.
SUSPENSION OR TERMINATION
We may remove any Contribution that in our opinion breaches this Acceptable Use Policy or the spirit of this Acceptable Use Policy. We reserve the right to suspend or terminate without notice any account or user that we suspect or believe to have breached the Terms.