Terms and Conditions
The Feiyue London website is operated by Vulcanise LTD (with company number 10515168) under the Feiyue brand (which is a trademarked name of BBC International LLC).
This means that if you use this website you are contracting with Vulcanise LTD rather than with Feiyue London.
The registered office address of Vulcanise LTD is Evelyn House, Greatorex Street London, E1 5NW, United Kingdom.
Please contact Vulcanise LTD via (https://www.feiyuelondon.com/pages/contact-us) if you need to contact us about our services including if you need to claim for a product defect and/or damaged or lost parcel.
Standard Terms of Contract
In these Terms and Conditions where the following terms are used, they shall have the following meanings:
- “Consignment” means any item(s) of any sort which are, may be, or are intended to be, sent by us via a Shipper to carry and deliver to any recipient at any other address.
- “Damaged Consignment” means a Consignment that is no longer in the condition in which it was sent by us, or which is or becomes a health and safety risk.
- “Purchased” means when you accept the Order.
- “The Delivery Point” means the address to which any Consignment is delivered by a Shipper.
- “The Excepted Risks” means:
- war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power, or loot, sack or pillage in connection, and/or
- ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, and/or
- radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component of the same, and/or
- pressure waves caused by aircraft and other aerial devices travelling at the speed of sound or faster, and/or
- “The Order” means the summary of the order displayed during the ordering process which is confirmed to you in the confirmation e-mail that is sent once acceptance of the order has occurred.
- “This Agreement” means these terms and conditions, together with the Order.
- “Us, Weor Our” means Vulcanise LTD, together with its directors, employees any agents subcontractors or couriers acting on its behalf.
- “You” means the customer who is contracted with us as set out in the Order.
- “Returned to Sender” means a Consignment returned to sender (i.e. to Us) if the recipient, You or Shipper sends it back to Us
- “Product and Service” means provision of the items Purchased and carriage of a Consignment by Us and Our chosen Shipper in accordance with the particulars set out in the Order.
- Shipper – means company, agents, subcontractors or couriers that enter into a contract of transportation with Us for Consignment to You
- We will carry out the Product and Service(s) for you whilst this Agreement is in force, in return for the payment by You to Us for the price set out in the Order and in accordance with the terms of this Agreement.
- We shall have the right to make any changes to the Product and Service(s) which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Product and Service(s) and we shall notify you of any such changes.
- We warrant that the Product and Service(s) will be provided using reasonable care and skill.
Collection and Deliveries
- The Shipper will make one attempt to deliver a Consignment during normal working hours. If the Shipper cannot obtain a delivery receipt at the Delivery Point you agree that the Shipper shall be authorised to attempt to deliver the Consignment to, or obtain a delivery receipt from, an alternative address close to the Delivery Point and (if successful) the Shipper will leave at the Delivery Point details of the address to which the Shipper have delivered the Consignment. If the Shipper is unable to deliver, either to the Delivery Point or a nearby address, the Shipper shall return the Consignment to their premises and leave a request for the recipient of the Consignment to contact the Shipper to make alternative delivery arrangements to the Delivery Point. If the recipient does not contact the Shipper or Us to arrange the alternative delivery within 7 days the Shipper will return the Consignment to Us (any cost for this will be deducted from any refund).
- You agree that we may use a Shipper of our choice in order to support our provision of the services to you and you agree that both we and this other carrier shall be entitled to the protection of all of the terms of this Agreement which exclude or limit liability for any losses or damage.
- Our Liability
YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE AND THE LIMITS OF OUR LIABILITY WITHIN IT.
- Where you deal with us as a consumer, nothing within these terms and conditions shall be deemed to affect your rights under the Unfair Contract Terms Act 1977. For the avoidance of any doubt, when you deal with us as a business the Unfair Contract Terms Act 1977 is hereby excluded to the fullest extent legally possible and you are further referred to additional terms relating to business clients set out below.
- Nothing in this Agreement shall limit or exclude our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation.
- As a responsible business, we will perform the Product and Service(s) in a professional manner with the appropriate level of skill and care. However, damage to a Consignment may still occur as a consequence of Shipper handling of it and in such circumstances, our liability shall be limited as set out in these Terms and Conditions. The reasoning behind this limitation of our liability is as follows:
- The amount of potential loss to you that could arise if a Consignment is damaged or lost is not something which we can easily ascertain but is something which is better known to you. In many cases it cannot be known to us at all and can only be known to you;
- The potential amount of loss that might be caused or alleged to be caused to you is likely to be disproportionate to the sum that we could reasonably be expected to charge you for providing the Product and Service(s) under this Agreement;
- It is not possible for us to obtain protection which would give unlimited Protection for our full potential liability to all of our customers and, even if it were, such protection would be much cheaper if taken out by you (rather than us taking out such protection and passing the cost on to you) and on that basis, it is more appropriate for you to take out such protection;
- We wish to keep the costs of providing the Product and Service(s) to you as low as possible;
- In light of the above we wish to limit our liability for any damage or loss caused to you to levels which we consider proportionate to our low charges for providing the Product and Services. These amounts are set out in clause 5.5;
- In these Terms and Conditions, damage to you means any damage suffered by you (including any loss of, or damage to, a Consignment and any other loss, whether or not known to you or us or in either of our contemplation at the time of entering into this Agreement), however it arises but only so long as it is caused by our negligence, breach of duty or other wrongful act or omission (which includes any deliberately wrongful act or omission) and any breach of any the terms of this Agreement, or any terms implied by statute (where applicable);
- We investigate all claims received by us in a fair and speedy manner, but such investigations are more accurate and are easier to perform soon after the loss or damage is alleged to have incurred and on that basis, the timescales set out in this Agreement are necessary to ensure that such investigations can be performed fairly.
The Extent of our Liability
- We shall only be liable for damage or loss caused to you if it is caused by our negligence, breach of duty or other wrongful act or omission, and only subject to the limitations set out within this clause 5;
- We shall not be liable to you under any circumstances for any direct or indirect loss (including, but not limited to loss of profits, or loss of goodwill) or for any other special or indirect losses, costs, damages, or claims which do not arise naturally as a result of our negligence, breach of duty, or other wrongful act or omission.
We shall not be liable to you:
- for any damage caused by our negligence, breach of duty, or other wrongful act or omission, which you have, or you have arranged to be, repaired, unless it is agreed by us that the repair work is to be carried out and that a repairer approved by us undertakes this work;
The Limitation on the Amount of our Liability
If we are liable to you for any reason, we shall only be liable to you up to the following amounts in the following circumstances:
- If the Shipper lose or damage all of a Consignmentwe will be liable for a maximum of £20. If however this maximum figure is greater than the actual value of the Consignment then we shall only be liable for the full value of that Consignment;
- If the Shipper lose or damage part of a Consignment, the amount of the sum determined under clause 5.7.1 above shall be pro rated down to represent the proportion that the actual value of that part of the Consignment bears to the actual value of the whole Consignment (so, by way of an illustrative example, if the whole Consignment was worth £20 and the Shipper lost or damaged one quarter of it, we would only be liable for 25% of the figure worked out under clause 5.7.1;
- If we cause you loss or damage arising in any other way, a maximum of £20 in respect of any Consignment.
If you consider that the potential loss to you caused by the loss or damage of all (or part) of a Consignment would exceed the figures set out above you must arrange separate protection for such potential loss. Where you do not purchase separate protection you confirm that you accept the risks of not doing so.
We will not be liable to repay you the value of the Consignment as at the time it was purchased by you. Consignments by their nature are subject to depreciation. You are advised to take out a “new for old” protection policy should you wish to be protected in this way. Our liability to you is limited to the amounts set out within this clause 5 and based on the actual value at the date of loss.
- In order to ascertain the extent of our liability above, we shall require proof of the value of the Consignment and any part or parts of it which make it up and you must ensure that, prior to our collection of the Consignment, you have a record of these. For the avoidance of any doubt, and without affecting clause 5.5, we shall only be liable for the replacement value of the Consignment and not for any sums that would amount to profit on the Consignment or applicable value added tax (or like tax) on such profit.
- If a claim arises as a result of damage to the whole or part of a Consignment and if we settle the claim for a sum equal to or greater than the value of the Consignment, then we shall be entitled to claim ownership of the Consignment and deal with it as we see fit. For the avoidance of any doubt, the Shipper shall be responsible for the cost of recovery of the Consignment.
We shall not, in any circumstances, be liable to you for any damage caused arising directly or indirectly as a result of any of the Excepted Risks.
- If at any time the Shipper or Us are prevented or delayed from starting, carrying out or completing any of the Product and Services because of a strike, lock out, labour dispute, weather conditions, traffic congestion, mechanical breakdown or obstruction of any public or private road or highway or any other cause beyond our control, you shall have no claim for damages against us for any loss that you may suffer.
- We shall not in any circumstances be liable for any late delivery or missed delivery or failure to deliver caused by or contributed to by any deficient or ambiguous address and contact details of a Consignment and you agree to be responsible for ensuring that information is clear and unambiguous.
If our performance of any of our obligations under this Agreement is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (“Your Default”):
- we shall (without limiting our other rights or remedies) have the right to suspend performance of the Product and Service(s) until you remedy Your Default and, and we shall have the right to rely on Your Default if Your Default prevents or delays our performance of any of our obligations;
- we shall not be liable for any costs or losses that you may suffer that arising directly or indirectly from our failure or delay to perform any of our obligations; and
- you shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from Your Default.
- Taxes and Duties
We shall not be responsible for any local customs charges, import taxes or duties or any similar charge(s) incurred through our carriage and/or delivery of any Consignment and you must satisfy yourself as to whether any of these charges will become due, and if so in what amounts, before completing an order with us. If any such charges become due as a result of our carriage and/or delivery of a Consignment on your behalf and are charged to us by any competent authority you agree to reimburse us fully in respect of the same within 7 days of our demand.
We shall not be liable to you under any circumstances for any refund unless you return the Consignment within:
- 30 days of Purchased date (FULL PRICED ITEMS) and 14 days (SALES ITEMS)
- AND the consignment is in the original, resalable condition (This includes the packaging, which is considered part of the product) to be eligible for refund.
- We shall not be liable to you under any circumstances for any refund unless you return the Consignment within:
Requesting a refund
- Return the Consignment to Feiyue London, 45 Longridge Road, Nottingham, NG5 4LA with a completed version of the return form provided with your Purchased items. If you do not have the form contact US via https://www.feiyuelondon.com/pages/contact-us, we will email a pdf version of the form which should be printed out, completed and included with the returned consignment. Failure to provide a completed return form may result in Us not being able to locate the original Order and therefore not being able to process the refund request.
- Once your return is received, with the completed return form it will be inspected, we will notify you of the approval or rejection of your refund.
- If you are approved, then your refund will be processed by our team within 7 working days, and a credit will be applied to your credit card or original method of payment.
- Refunds may be given at our discretion and in accordance with the service definitions made available to you at the time of payment.
- Should a refund be appropriate, it shall be made back to the payment method originally used to book the transaction.
- Refunds can only be processed to the contracted party who booked the order.
- Refunds will not be offered for consequential loss.
- The cost of the original shipping is non-refundable.
- You will be responsible for paying for your own shipping costs for returning your item and will not be compensated for this cost.
- All return packages should be sent with a trackable, insured service, as we cannot take responsibility for items damaged or lost in the return transit.
- If a refund is requested as a result of a Consignment being Returned to Sender we shall not be liable to you under any circumstances for any loss caused by you failing to collect the consignment in the timescales specified. Furthermore £5 fee will be deducted from any refund as result of our incurring additional handling and restocking costs.
- Products sold through the Feiyue Shop are warranted against defects in materials and workmanship for 90 days from the date of receipt. Manufacturer’s defects will be determined by Vulcanise LTD and be subject to the following considerations:
- Proof of purchase from the Feiyue London online store is required
- Improper fit is not a valid criterion for warranty.
- Loss of adhesive based glitter is not a valid criterion for warranty nor is general wear and tear of adhesive based glitter.
- Misuse, abuse or alteration of product voids warranty.
- A replacement or credit will not be issued for returned products that have experienced excessive wear or any type of abuse or mistreatments.
- Where a defect is determined to be valid by Us a refund for the original cost of goods will be processed to the contracted party who booked the Order.
- Products sold through the Feiyue Shop are warranted against defects in materials and workmanship for 90 days from the date of receipt. Manufacturer’s defects will be determined by Vulcanise LTD and be subject to the following considerations:
Claims (Shipper loss, Shipper damage or Shipper part damage)
We shall not be liable to you under any circumstances for any Shipper loss or damage unless you notify us within:
- 14 days of delivery of the Consignment in the case of damage to all or part of a Consignment or loss of part of a Consignment;
- and in all other cases (including, but not limited to, loss of the whole of a Consignment) within 28 days from when the Consignment was collected or received by the Shipper.
- We shall not be liable to you under any circumstances for any Shipper loss or damage unless you notify us within:
Making a Claim
The procedure for applying for a claim for loss, damage or part damage (“Claim”) is as follows:-
- Contact US via https://www.feiyuelondon.com/pages/contact-us providing your order number, name and a summary of your Claim
- A Claim form will be emailed to you to complete
- Fill in the details as indicated.
- Return the completed form via email to the designated address on the form
- Once your Claim has been submitted to us we will review it before deciding whether we are able to make an offer to settle your Claim.
- You will be notified of our decision of whether we are able to settle your Claim or what offer we are prepared to make (“Our Offer”) via email.
Accepting Our Offer for your Claim
The procedure for accepting Our Offer is as follows:-
- “Accept Offer” by responding to our email and confirming you “Accept Offer”
- Any payment will be credited to you automatically via the bank details provided on your original Order. Please note that we will not be liable for any incorrect details which are provided by you. For the avoidance of doubt we will not be obliged to make any further payments to you in the event that you have provided incorrect account details. Furthermore we are not obliged to reverse any payments we may make to incorrect accounts as a result of you providing incorrect details.
- If a Consignment is Returned to Sender we shall not be liable to you under any circumstances for any loss caused by you failing to collect the consignment in the timescales specified. Furthermore £5 fee will be deducted from any claim as result of our incurring additional handling and restocking costs.
- Returned to Sender can take 6-8 weeks by the Shipper to Us, only on reciept of the goods can we process any claim or refund requests.
- We shall assume, for the purposes of this Agreement, that you are the sole owner of every item Purchased in the Consignment but if any other person makes a claim against us for loss of or damage to any such items beyond our liability to you then you agree that you shall indemnify us against any losses or liabilities that we suffer through that claim (including all legal costs and expenses) and you agree that we shall have no liability to you in these circumstances, regardless of whether such claims exceed any limitations of liability set out in this Agreement.
- You agree to indemnify us against any losses or liabilities that we may suffer through the loss of, or inability to deliver, a Consignment caused by deficient or ambiguous contract, address and delivery details provided with such a Consignment.
- You agree to indemnify us against any losses or liabilities that we may suffer through a breach by you of any of your obligations set out in clause 12.
- If you have Purchased an item then:
- you shall pay all charges applicable in respect of the Product and Service(s) provided by us in accordance with the payment terms set out in the Order.
- All charges stated, whether by invoice or in the Order, shall be exclusive of any applicable value added tax, which shall be added to the total sum payable to be repaid by you.
- From time to time, we may provide you with a discount code to be used with your order. You may only use a discount code once with one order.
- In the event that you use the same discount code with more than one order, we may, at our absolute discretion:
- cease trading with you and/or your business;
- remove your ability to place orders with us; and/or
You agree to:
- ensure that the information you supply in the Order Schedule is complete and accurate;
- co-operate with us in all matters relating to our provision of the Product and Service(s);
- provide the Shipper with access to your premises, office accommodation and other facilities as reasonably required by us if any of these are to be the Delivery Point and be responsible for ensuring that the premises are free of hazardous materials and do not pose a health and safety risk to us ;
- provide us with such information and materials as we may reasonably require in order to supply the Product and Service(s) and ensure that such information is accurate in all material respects.
You understand that:
- If there is a strike by any employees of yours, or the employees of any person receiving delivery, then you agree that our representative shall not be asked to perform any additional duties or any duties of a strike-breaking nature.
- You agree to:
- Unless specifically agreed otherwise, “working days” do not include Saturdays, Sundays or public holidays.
Nature of Agreement
- This Agreement and the Order shall constitute the entire contract between us and you and the contract shall not incorporate, or be deemed to incorporate any provisions of any other documents. In addition, this contract and the documents referred to above shall supersede any previous contract, warranty or representation made or given by us relating to the Product and Service(s) set out in the Order Schedule.
- No variation, amendment or cancellation of the terms of this Agreement (other than the Order Schedule) shall be binding upon us unless and until it is confirmed in writing by a director of us and, for the avoidance of any doubt, it is declared that no person other than a director has authority to negotiate or enter into any commitment on behalf of us which would or might (but for this clause) involve us in any legal liability whatsoever.
- This Agreement may be terminated by either party giving to the other one month’s written notice of its desire to terminate this Agreement. This Agreement may also be terminated immediately if the other party breaches any of its obligations under this Agreement or (in the case of an individual) becomes bankrupt or (in the case of a company) goes into liquidation other than for the purposes of reconstruction or amalgamation, or has an administrator or receiver appointed over any of its or his property or income or make any deed or arrangements with or for the benefit of his or its creditors.
On termination of this Agreement for any reason:
- in respect of a Consignment which has already been paid for and which has been received but not yet delivered, then we shall deliver such Consignment in accordance with the terms of this Agreement;
- the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of this Agreement which existed at or before the date of termination or expiry; and
- clauses which expressly or by implication have effect after termination shall continue in full force and effect.
- This agreement and any dispute arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales
- You irrevocably agree, for our sole benefit that, subject as provided below, the courts of England and Wales shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual claims). Nothing in this clause shall limit our right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or