Terms and Privacy
Terms and Conditions
YOU MUST BE OVER 18 TO PURCHASE FROM THIS SITE, BY AGREEING TO OUR TERMS AND CONDITIONS YOU ARE CONFIRMING THAT YOU ARE OVER 18 YEARS OF AGE.
Welcome to our Forsythe Bespoke Champagne UK website (the "Forsythe Bespoke Champagne UK Site" or the "Site").
Forsythe Bespoke Champagne", "we", "us" or "our" provides the services available on the Site to you subject to the following terms and conditions (the "Website Terms").
Forsythe Bespoke Champagne UK's address and registered office is; Cresswell House, Riversdale, Bourne End, Buckinghamshire, SL85EB - company number 10347682
Please read the following (along with our Privacy and Cookies policy) carefully to understand our views and practices regarding your use of the Site. By visiting http://www.forsythe.com/ you are accepting and consenting to the practices described in this policy.
1. Use of our Site
We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely.
2. Limited Licences
1. In relation to all content available on the Site, including, but not limited to, text, graphics, logos, and buttons, we grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Site. This limited licence does not include the right to: (i) frame or utilise framing techniques to enclose the Site or any portion thereof; (ii) modify or download the Site or its contents (except caching or as necessary to view content); (iii) make any use of the Site or its Content other than personal use; (iv) create any derivative work based upon either the Site or its Content; (v) collect account information for the benefit of another party; (vi) use any meta tags or any other "hidden text" utilising our name or the Trademarks; or (vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
2. We also grant you a limited, revocable, and non-exclusive licence to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to our Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without express written permission; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. Any unauthorised use by you of the Site terminates the limited licence set forth in this clause 2 without prejudice to any other remedy provided by applicable law.
3. Your Obligations and Responsibilities
4. Your Account
You are responsible for ensuring that the personal information you provide to us is up to date. If your personal information changes then please notify us immediately by contacting Customer Services on the following number Monday - Friday 9am - 5pm, or email firstname.lastname@example.org
Alternatively, you can update your details through "login" page.
You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your password has become known to somebody else, or is likely to be used in any way that is unauthorised by you, you should contact us immediately. If you forget your password we will reset it upon your request and send it to the email address, which you specified when you registered. Your account can be cancelled at any time by contacting Customer Services on the following number Monday - Friday 9am - 5pm, or email email@example.com
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Website Terms or if we decide, in our sole discretion, that it would be in Forsythe Bespoke Champagne’s best interests to do so.
5. Intellectual Property
All content available on the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the "Content") is the property of Forsythe Bespoke Champagne, its affiliates, partners or licensors, and is protected by copyright laws. The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered marks of Forsythe Bespoke Champagne, its affiliates, licensors or partners, and are protected by trademark laws. All other Trademarks not owned by Forsythe Bespoke Champagne, its affiliates, partners or licensors that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited licence in Section 2 above, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without Forsythe Bespoke Champagne’s prior written consent
6. Third Party Links
We are not responsible for the content of any off-Site pages or any other sites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Site pages or other sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Site pages or any other sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other sites that you visit.
2. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with your claims to any rights in any Submission.
3. When you transmit, upload, post, email or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the Site, you are entirely responsible for such User Content. Such User Content constitutes a Submission under clause 7. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Site. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam." You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.
4. We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.
5. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Website Terms, we have the right to remove any User Content that violates these Website Terms or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Website Terms or infringe the rights of others.
8. Representations and Warranties; Limitation of Liability (relating to the use of this Site)
The provisions of this section 8 relate to the use of this Site only and do not affect the statutory rights of consumers or any other rights granted by us in connection with the purchase of our goods on this Site (including under the Forsythe Bespoke Champagne UK – General Terms and Conditions for Online Product Sales).
1. The material displayed on our site is provided on an "as is" basis without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
a. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
b. any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
1. loss of income or revenue;
2. loss of business;
3. loss of profits or contracts;
4. loss of anticipated savings;
5. loss of data;
6. loss of goodwill;
7. wasted management or office time; and
8. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
c. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, or demand resulting from any unauthorised use of the Site by you. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
If you have any questions regarding these Website Terms please contact us by email at firstname.lastname@example.org or write to us at Forsythe Bespoke Champagne Online Customer Services, Cresswell House, Riversdale, Bourne End, Buckinghamshire, SL8 5EB
Changes to Website Terms
We reserve the right, in our sole discretion, to change the Website Terms at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such Website Terms. We may, with or without prior notice, terminate any of the rights granted by these Website Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
No failure to exercise and no delay on our part in exercising any of our rights, remedies, powers or privileges under these terms & conditions and no course of dealing between us shall be construed or operate as a waiver, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege on our part.
12.Law, Jurisdiction And Language
This Site, any content contained herein and any contracts entered into as a result of usage of this Site are governed and construed in accordance with the laws of England and Wales. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
For the purposes of the Data Protection Act 1998, the joint data controllers are:
· Forsythe Bespoke Champagne UK (a company registered in England and Wales with company number 10347682 located at Cresswell House, Riversdale, Bourne End, Buckinghamshire, SL8 5EB
1. Information We Collect
1. We may obtain personal information about you from various sources. We may collect this information when you provide it at one of our counters, stores, on our site, our social media platforms, our social networking or mobile applications, or at one of our events. When you visit this site, our social media platforms, or social networking or mobile applications, we may also collect certain information by automated means, using technologies such as cookies, web server logs and web beacons.
2. You may also choose to provide personal information to us in a number of ways, such as when you participate in an offer or promotion, or when you make a purchase on our site, at our counters or in our stores.
3. The types of personal information we may collect from you and which you may provide to us includes: contact information (such as name, postal address, email address, and mobile or other phone number); age and date of birth; gender; username and password; payment information (such as your payment card number, expiry date, delivery address, and billing address); your online and in-store purchase history; product preferences; your physical characteristics and skincare concerns; photographs that you ask us to take; contact information for friends or other people you would like us to contact; and content you provide (such as photographs, videos, reviews, articles and comments).
4. Information provided to us by social networks or mobile applications when you visit our social media platforms or use one of our social networking or mobile applications (such as your name, profile picture, likes, location, friend list and other information described in the social networking application sign-up page, or your geo-location details when using one of our mobile applications).
2. How We Use The Information
1. We may use the information you provide to send you promotional materials or other communications; provide services to you; process your payment and/or gift card transactions; create and manage your online account (including access to your online and in-store purchase history); respond to your enquiries; communicate with you about, and administer your participation in, special events, prize promotions, programmes, surveys and other offers; operate and communicate with you about our social networking or mobile applications; operate, evaluate and improve our business (including developing new products and services; enhancing and improving our services; managing our communications; analysing our products; performing data analytics; and performing accounting, auditing and other internal functions); and comply with applicable legal requirements, relevant industry standards and our policies.
2. We also may use the information in other ways for which we provide specific notice at the time of collection.
3. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, you can indicate this on the relevant form on which we collect your data.
3. Information We Collect by Automated Means
When you visit this site or our online advertisements, or use one of our social networking or mobile applications, we collect certain information by automated means, using technologies such as cookies, web server logs and web beacons. Information may include (i) technical information, such as the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone settings, language settings, domain, operating system, platform or other system settings, and (ii) information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site, products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information, and methods used to browse away from the page and any phone number used to call our customer service number.
4. Technologies We Use
2. In conjunction with obtaining information through cookies, our web servers may log details such as your operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone in which your device is located. The web server logs also may record information such as the address of the web page that linked you to our site and the IP address of the device you use to connect to the Internet.
3. To control which web servers collect this information, we may place tags on our web pages called "web beacons". These are computer instructions that link web pages to particular web servers and their cookies.
4. Third Party Web Analytics Services. We may use third party web analytics services on this site, our social media platforms, or our social networking or mobile applications, such as those of Coremetrics and Google Analytics. The service providers that administer these services use technologies such as cookies, web server logs and web beacons (over which we have no control) to help us analyse how visitors use the site. The information collected through these means (including IP address) is disclosed to these service providers, who use the information to evaluate use of the website. You may deactivate the ability of Coremetrics to analyse your browsing activities on this site. To learn more about Coremetrics, and exercise your choice with respect to their collection of information on this site, please click here. To disable the Google Analytics cookie, some browsers indicate when a cookie is being sent and allow you to decline cookies on a case-by-case basis.
5. How We Use the Information Collected by Automated Means
We may use the information collected through automated means on this site to deliver personalised content, for market research, data analytics and system administration purposes, such as to determine whether you've visited us before or are new to the site, and for compliance with our legal obligations, policies and procedures, including compliance with relevant industry standards and the enforcement of our Terms and Conditions. We also may use the information in other ways for which specific notice is provided at the time of collection.
6. Information We Share
1. We do not rent lists, sell or otherwise disclose personal information we collect about you, except as described here. We may share your personal information with:
1. Third party service providers who perform services on our behalf based on our instructions. We do not authorise these service providers to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. Examples of these service providers include entities that: process credit card payments; fulfil orders; provide web hosting and marketing services; and provide data cleansing and analytics services (should you wish to opt out of these third party sharing arrangements in the future, you simply need to opt out of e-mail and SMS communications from us); and
2. Other third parties with your consent (e.g., some of our Facebook applications may share information collected through those applications with your Facebook friends or other Facebook users).
2. In addition, we may disclose information about you (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities or other government officials, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity.
7. Your Rights and Choices
We offer you certain choices in connection with the personal information we collect from you, such as how we use the information and how we communicate with you. To update your preferences, ask us to remove your information from our mailing lists or submit a request, please contact us as specified below.
8. Email and SMS Opt-Out
You can at any time tell us not to send you marketing communications (i) by email by clicking on the unsubscribe link within the marketing emails you receive from us or (ii) by SMS by following the “STOP” instructions provided with the message.
Postal Mail Opt-Out
You can ask us to stop sending you marketing communications by postal mail by following the instructions that may be included in a particular promotion. You also can request that we refrain from sending you promotional postal mail by contacting us as indicated below.
9. Geo-Location Information through Mobile Applications
When you use one of our mobile applications, you may be asked for your geo-location. You may choose not to share your geo-location details by adjusting your mobile device's location services settings. To decline from sharing your geo-location details, follow the instructions on your mobile device on changing the relevant settings; otherwise, please contact your service provider or device manufacturer.
You may withdraw any consent you previously provided to us, or object at any time on legitimate grounds, to the processing of your personal information. We will consider your request and, as required by applicable law, apply your preferences going forward, within a reasonable amount of time. Even where you withdraw your consent, we may still process your personal data for limited purposes, for example, to give effect to your request, or to safeguard our business. In some circumstances, withdrawing your consent to our use or disclosure of your personal information will mean that you cannot take advantage of some of our products or services.
11. Reviewing, Updating and Modifying Personal Information
Subject to applicable law, you may have the right to request access to and receive details about the personal information we maintain about you, update and correct inaccuracies in your personal data, and have the information blocked or deleted, as appropriate. The right to access personal information may be limited in some circumstances by local law requirements. You may request to review, change or delete your personal information by sending an email to email@example.com
12. How We Protect Personal Information
We maintain appropriate administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorised destruction, loss, alteration, access, disclosure or use.
13. Links To Other Websites
Our website may provide links to other websites for your convenience and information. These websites may operate independently from us. Linked sites may have their own privacy notices or policies, which we suggest you review if you visit any linked websites. To the extent any linked websites you visit are not owned or controlled by us, we are not responsible for the sites' content, any use of the sites, or the privacy practices of the sites.
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o Store custom user preferences and personalisation data
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16. How To Contact Us and Access to Information
17.Law, Jurisdiction And Language
This Site, any content contained herein and any contracts entered into as a result of usage of this Site are governed by English law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.