TERMS & CONDITIONS

TERMS OF SALE

Last updated: 23rd February 2024

These terms of sale (“Terms of Sale”) set out the terms and conditions on which we supply any of the products (“Product” or “Products”) listed on our websites www.fencewallpaper.com (“our site”) to you.

Please read these Terms of Sale carefully before ordering any Products from our site. These Terms of Sale tell you who we are, how we will provide Products to you, how you and we may end the contract, what to do if there is a problem and other important information. If you do not agree to these Terms of Sale you must not order any Product through our site.

GENERAL TERMS OF SALE

Last updated: 3rd February 2024

1. INFORMATION ABOUT US

1.1 www.fencewallpaper.com is a website operated by Kevin McDonald (“we”, “our”, “us”) as a sole trader. Our contact address is at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ. We do not currently charge VAT.

2. ORDERING PRODUCTS

2.1 You can place orders for Products with us by following the process outlined on our site. You acknowledge that by placing an order with us you will be under an obligation to pay for the Products in that order if we accept your order.

2.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.

2.3 All orders are subject to acceptance by us. We will send you a confirmation e-mail after receiving your order and this will constitute acceptance by us. The contract between you and us will only be made when we send you this email. We will charge your chosen payment method after we accept your order. We will send a further email when your order has been dispatched.

2.4 Unfortunately we can’t stop an order once it is is being processed by us due to the volume of orders we take and our internal picking and dispatch processes. If you change your mind about your order after this point you can reject delivery or return the Products to us in accordance with the returns policy below at clause 9. Please note if you reject your delivery you will be charged for the cost of shipping the item back to us and this will be deducted from your refund when the items arrive back to us.

2.5 Before ordering from us, it is your responsibility to check and determine your full ability to receive the Products ordered. This includes ensuring that you will be available to receive delivery on the specified day. If we send an email confirmation with tracking information for delivery and have to re-deliver due to your failure to be able to accept the goods then we reserve the right to charge re-delivery at our cost price or deduct the cost price of shipping from the amount refunded.

2.6 You must initially enter accurately and then amend contact details we hold for you if they change so that we can contact you if necessary about your order or the delivery of the Products. We cannot be held liable for delays in delivery due to incorrect information being provided.

2.7 From time to time we may have time limited special offers. We reserve the right to limit the number of items an individual may purchase during special offers to ensure that as many different clients can take advantage as possible.

3. AVAILABILITY

3.1 All orders for Products are subject to the availability of those Products and the materials for making the Products. We will inform you as soon as possible after receiving your order if, for any reason, the Products you have ordered are not available or are subject to any delay.

3.2 If we are unable to supply you with a Product, for example, because the Product is out of stock or because of an error in the price (see clauses 5.4 and 5.5 below) we will inform you of this by email and we will not process your order. If you have already paid for the Product we will refund you the full amount as soon as possible unless you agree to wait for the product or take an alternative product.

4. IMAGES AND SIZING OF PRODUCTS

4.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours and designs accurately, we cannot guarantee that your computer will display the colours accurately or reflect the colour of the Products. The Products that are delivered to you may vary slightly from those images.

4.2 Although we have made every effort to be as accurate as possible, the measurements indicated including weights, dimensions and capacities shown on our site are approximate only.

4.3 Whilst every effort is made for these figures to be accurate, it must be understood that the specification of goods manufactured and supplied by us are subject to normal trade tolerances.

4.4 Greatest efforts are made to ensure consistency and uniformity during production. However you recognise and acknowledge that there may be a deviation in colour and finish. Deviations in colour and or dimensions or weight or finish shall under no circumstances be the subject to any rejection or claim against the seller.

5. PRICES OF PRODUCTS

5.1 The price of any Product will be as quoted on our site, except in cases of obvious error.

5.2 The price of any Product may change from time to time, but changes will not affect any order we have accepted.

5.3 The price of a Product includes VAT (where it applies) and includes any delivery costs unless otherwise specified. Due to increased costs when shipping to Northern Ireland we may have to add an additional fee for orders shipped there.

5.4 Due to the large number of Products on our site, it is always possible that some of the Products listed on our site may be incorrectly priced, despite our reasonable efforts. We will normally verify prices as part of our order-handling procedure so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you and refund you the difference. If the Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of the rejection.

5.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an order acceptance, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.

6. HOW TO PAY

6.1 We accept payment with the payment methods listed on our site. You must pay for the Products and any applicable delivery charges in advance of delivery of the Products.

6.2 By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct.

6.3 Klarna In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:

• Pay in 3 instalments and Pay in 30 days

Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

7. DELIVERY

7.1 We offer a delivery service in accordance with the timescales shown against each Product on our site. Please note that delivery timescales are estimates. You can find out more about our Product delivery by reading the information on the delivery page of our site. Should you incorrectly enter your address on our website this can cause delays. You are responsible for entering your delivery address correctly.

7.2 Your estimated dispatch date will be as set out in a dispatch confirmation sent by email. This dispatch date indicates when we expect to send the Products to our delivery partner. Please refer to the delivery page of our site to find out more about our dispatch and delivery process and how long after dispatch you should expect the Products to be delivered. Although we will make every reasonable effort to ensure your Products are dispatched and delivered within the estimated timescales, unfortunately we cannot guarantee that they will not be affected by unforeseen issues affecting our delivery partners. If we are unable to meet the estimated dispatch or delivery date, we will contact you with a revised estimated date.

7.3 Your delivery will be completed when we deliver the Products to the address you gave us. If no one is available at your address to take delivery, the courier company will leave you a note with information about how to rearrange delivery. If you have not accepted delivery after three attempts by us, we may treat the contract as having been cancelled by you in accordance with the terms of clause 9 below. If re-delivery is required then we will charge this at cost.

7.4 You may be required to sign for the delivery, or alternatively our delivery partners will take a photo as proof of delivery if the item is posted through your letterbox. This is done to combat fraud.

7.5 You can review the current status of your order at any time by contacting us. If you have trouble finding out the status of your order or tracking its progress, please contact Customer Services using the contact information below at clause 23.

7.6 Fence Wallpaper deliveries are not made by our own vans, a third party is used – usually Evri or Royal Mail. Any delays that may occur that lead to customers incurring costs, we accept no liability. We advise you only book in Landscapers / Tools / Hire Equipment / Labour once you are in full receipt of your goods. If you advance hire / book in labour and your delivery is delayed, we accept no liability for any incurred cost.

7.7 If you can see some of the delivery has arrived damaged, we ask you to sign for it as “damaged” on arrival. You must then also notify us within 5 days of this to arrange collection or replacement of the damaged items. Failure to do so within this period of time means we are unable to proceed with a claim from our couriers and any replacements or refunds will then be at our discretion.

7.8 International orders will be sent with UK VAT removed. You will be liable to pay any import duties and taxes when the item arrives.

8. RISK AND OWNERSHIP

8.1 Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

8.2 The Products will be your responsibility from the time that you (or a third party other than the carrier and indicated by you) take physical possession of the Products.

8.3 We cannot accept any returns for items which have been installed by you

8.4 We accept no liability for any damage or defect caused as a result of:
(i) the buyer failing to follow the seller’s oral or written instructions as to the storage, commissioning, installation, or use of the goods; or
(ii) normal wear and tear, weathering, wilful damage, negligence or abnormal storage or installation conditions.

9. CANCELLATION, RETURNS AND REFUND POLICY

9.1 We hope you will be pleased with everything you have bought from us but if you are unhappy with your Products, you can return them to us either in accordance with the terms set out below or as otherwise in accordance with your legal rights.

RIGHT TO CANCEL

9.2 You have a legal right to change your mind and cancel the contract between you and us within 14 days of delivery of your Products without giving a reason. This right, under the Consumer Contracts (Information, Cancellation and Charges) Regulations 2013, is explained in more detail in this clause 9. Please note that the right to change your mind applies equally to any gift vouchers you purchase from us but does not apply to any bespoke Products you purchase from us (ie, Products that we create to your specification or are clearly personalised).

9.3 The cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Products. Where you order multiple Products in one order or a Product is delivered in separate parts, lots or pieces, the cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Product, part, lot or piece that makes up your order.

9.4 To exercise the right to cancel, you must inform us of your decision to cancel your contract with us by making a clear statement (e.g. a letter sent by post or email or a telephone call). The easiest way to do this is to contact our Customer Services team, their contact details can be found in clause 23. You may use the following model cancellation form but you are not required to do so:

MODEL CANCELATION FORM

To: Fence Wallpaper
E-mail address: hello@fencewallpaper.com
I/We(*) hereby give notice that I/We(*) cancel from my/our (*) contract of sale of the following goods(*)/for the provision of the following service(*)Ordered on(*) / received on(*)Name of consumer(s),Address of consumer(s),Signature of consumer (only if this form is notified on paper)Date(*) Please delete if not applicable

9.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired.

9.6 You have no right to cancel at any time should their order include any modification or bespoke requirements agreed at the order stage.

EFFECTS OF CANCELLATION

9.7 If you cancel your contract with us, we will reimburse you all payments received from you, excluding any international delivery fees.

9.8 We will make the reimbursement without undue delay, and not later than: (a) 14 days after the day we receive back from you any Products supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the Products, or (c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

9.9 We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

9.10 We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.

9.11 We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you or damage when shipping the products back to us. You are only liable for any diminished value of the Products resulting from the unfair and/or unreasonable wear and tear of the Product other than what is necessary to establish the nature, characteristics and functioning of the Products. We may make a deduction from any reimbursement (you are entitled to from us) for such loss in value of any Products we supply. We strongly advise you to take out insurance for the full value of the products when returning items with a courier as you will be held liable for any damage caused when shipping items back to us.

FAULTY OR MIS-DESCRIBED

9.12 If you are returning the Products to us because they are faulty or mis-described, we will refund: the price of the Product in full; any applicable delivery charges; and any reasonable costs you incur in returning the item to us (other than any costs incurred by you in returning the Products to us in person). You will be required to declare a faulty or mis-described product within 5 days of delivery. Failure to do so will result in our inability to refund the order. As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or any of the other general Terms of Sale set out in this Section B.

9.13 We will refund you through the payment method used by you to pay.

HOW TO RETURN THE PRODUCTS

9.14 If you change your mind and exercise your right to cancel under clause 9.2 above after delivery, then the Products must be returned to us. In this case, this may be done either:

(a) by you arranging for the Products to be returned to us at our distribution centre or to our delivery partner at various locations. In this case, the Products must be returned to us without undue delay and in any event no later than 14 days from the date that you exercised your right to cancel. You will be responsible for the cost of returning the Products to us.

For more information about the specific return and collection costs that apply to different items and other information regarding returns and refunds, please refer to our Returns page.

9.15 If you exercise your right to return the Products under clause 9.11, because the Products are faulty, were not delivered as described or you otherwise have a legal right to return the Products as a result of something we have done wrong after dispatch of the Products, the Products must be returned to us. Depending on the item, this may be done either by you arranging for the Products to be returned to us or by us arranging to collect the Products from your address, as described in clause 9.14.

9.16 You must take care when opening packaging that the Products were delivered in and carefully re-pack the Products in the original (or similar) packaging prior to returning the Products to us otherwise an amount will be deducted from the refund to cover the cost of packaging

10.NOTICE AND TAKE DOWN POLICY

10.1 If you believe that content available through the site:

(a) infringes your rights or any rights of a third party you represent; or

(b) otherwise breaches the Rules of Acceptable Use,

please tell us immediately by contacting hello@fencewallpaper.com.

10.2 When reporting content please provide the information described below in your notice to us: (a) your name and contact details; and (b) a statement explaining whether you believe that the content you are contacting us about: (i) infringes your rights; (ii) the rights of a third party who you represent; or (iii) you otherwise believe the content breaches the Rules of Acceptable Use.

10.3 We will take the action that we believe is appropriate depending on the nature of the content you report. This may include taking no action where we believe the reported content does not infringe any rights or the Rules of Acceptable Use. We are not obliged to discuss or inform you about our chosen course of action following a report from you.

11. LIMITED LICENCE

11.1 We are the owner or the licensee of all intellectual property rights in our products, site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. We grant you permission to access our site and purchase our products for your personal use only. Any other use of our products, site or our site's content is prohibited. This prohibition includes, but is not limited to:

(a) making commercial use of our site's products or content for monetary gain;

(b) reproduction of the Fence Wallpaper name, logo, trade marks or any other content available on our site; and

(c) downloading or copying any of our site content for yourself or for a third-party.

11.2 If you wish to make any use of material on our site other than that set out above, please contact: hello@fencewallpaper.com.

12.DISCLAIMER AND LIABILITY

12.1 Access to our site is permitted on a temporary basis and we may limit or terminate access to our site at any time without any notice. We will not be liable if our site is unavailable at any time or for any period.

12.2 We have taken care in the preparation of the content of our site. However, we will not be responsible for any errors or omissions or for any technical problems you may experience with our site. If we are informed of any inaccuracies in the content on our site we will attempt to correct this as soon as we reasonably can.

12.3 Whilst we make reasonable efforts to ensure that any information presented on our site is correct, the information on our site is presented without any guarantees, conditions or warranties or any kind and the site is made available to you on an “AS IS” basis. We are not responsible for anything that occurs from your reliance on the content of our site.

12.4 In any event, we will never take any responsibility for User Content and you use and rely on any User Content entirely at your own risk.

12.5 We exclude all warranties and conditions implied by statute, common law or the law of equity, to the extent permitted by applicable law.

12.6 Because our site is provided free of charge, we will not, in any way, be liable for any loss or damage (whether direct or indirect) in tort (including negligence), breach of contract, breach of statutory or otherwise (even if foreseeable) in connection with any use you make of our site or the information presented on it.

12.7 If you are browsing our site as a consumer, then nothing in these Terms of Use or any additional terms limits any consumer’s legal rights which cannot be changed by these Terms of Use.

12.8 Nothing in these Terms of Use shall exclude or limit our liability for death or personal injury due to our negligence or for any liability for our fraud or fraudulent misrepresentation.

13. LINKS AND LINKING

13.1 Links to third party websites from our site are provided solely for your convenience. If you use these links you leave our site. We do not control, and are not responsible for, these websites, their content or their availability. We, in no way endorse, or make representations about them, or any material found on them. Accessing third party websites from our site is done entirely at your own risk.

13.2 You may link to our home page (www.fencewallpaper.com), provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of it. 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 agree to remove any link to our site on a website owned or controlled by you on receipt of a request from us.

14. GIFT VOUCHERS AND DISCOUNT CODES

14.1 Gift vouchers can only be purchased online through our site.

14.2 Gift vouchers are valid for one year from the date of issue and cannot be extended.

14.3 The value of any gift voucher you use will be deducted from the total cost of your order. If any balance remains to be spent from the gift voucher, it can be used on a future order. There is no minimum spend required and the gift voucher can be redeemed against any purchase including delivery charges.

14.4 From time to time and at our absolute discretion, we may run limited special offers on products. These special offers will be limited by the number of available codes. Once those codes have been used, the special offer will automatically cease and normal pricing will apply. Any special offer codes cannot be used in conjunction with any other sitewide discount.

14.5 Gift vouchers and/or discount codes must not be posted on consumer forums as they will be immediately invalidated. You cannot use your own refer a friend gift voucher to generate rewards. Any instance of this will result in the cancellation of that customer's rewards.

14.6 Only one discount code can be applied to any one order, this includes any promotional codes or offers (but you may also use any gift voucher that you have purchased or been given).

14.7 When you use a gift voucher and/or discount code you warrant to us that you are the duly authorised recipient of the gift voucher or discount code (as applicable) and that you are using it in accordance with these Terms of Sale, lawfully and in good faith. If we believe that a gift voucher and/or discount code is being used in breach of these Terms of Sale, unlawfully or in bad faith, we may reject or cancel the gift voucher or discount code (as applicable).

14.8If you have any difficulty redeeming your gift voucher or discount code or have any questions then please contact us for further assistance.

14.9 Any order for Products made using a gift voucher or discount code will be governed by these Terms of Sale.

15. YOUR INFORMATION

15.1 We process information about you in accordance with our Privacy Policy.

16. TERMS OF WEBSITE USE

16.1 This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.fencewallpaper.com (our site). Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site

 

18. INTELLECTUAL PROPERTY RIGHTS

18.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

18.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

18.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

18.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

18.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

18.6 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

18.7 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

19. OUR LIABILITY

19.1 The material displayed on our site is provided 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:

all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
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:

• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and
• 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.

19.2 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.

19.3 We are under a legal duty to supply Products that are in conformity with our contract with you.

19.4 Our Products are designed for residential use and we do not make any guarantees or warranties about their performance in a commercial environment. We will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

19.5 The maximum loss or damage we will be responsible for under clause 19.1 is limited to the price you have paid us for the Product to which the loss or damage you suffer relates.

19.6 This does not affect your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards office.

20. Information about you and your visits to our site

20.1 We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

21. Transactions concluded through our site

21.1 Contracts for the supply of goods or services formed through our site or as a result of visits made by you are governed by our terms of conditions of supply.

22. Viruses, hacking and other offences

22.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

22.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

22.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

 

 

24. Trade marks

24.1 Fence Wallpaper is a UK registered trade mark

25. Variations

25.1 We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

26. Privacy policy

26.1 We are committed to protecting and respecting your privacy.

26.2 This policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

26.3 For the purpose of the Data Protection Act 1998 (Act), the data controller is Kevin McDonald, 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ

26.4 We may record telephone conversations to use in our internal staff training programme

27. Information we may collect from you

27.1 We may collect and process the following data about you:

• Information that you provide by filling in forms on our site www.fencewallpaper.com This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our site.
• If you contact us, we may keep a record of that correspondence.
• We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
• Details of transactions you carry out through our site and of the fulfilment of your orders.
• Details of your visits to our site and the resources that you access.

28. IP addresses and cookies

28.1 We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

28.2 For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:

• To estimate our audience size and usage pattern.
• To store information about your preferences, and so allow us to customise our site according to your individual interests.
• To speed up your searches.
• To recognise you when you return to our site.

28.3 You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

29. Where we store your personal data

29.1 The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

29.2 All information you provide to us is stored on secure servers. Any payment transactions will be encrypted using SSL technology.

29.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

30. Uses made of the information

30.1 We use information held about you in the following ways:

• To ensure that content from our site is presented in the most effective manner for you and for your computer.
• To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
• To carry out our obligations arising from any contracts entered into between you and us.
• To allow you to participate in interactive features of our service, when you choose to do so.
• To notify you about changes to our service.

30.2 If you are an existing customer, we will contact you by post, e-mail or telephone with information about goods and services similar to those which were the subject of a previous sale to you.

31. Disclosure of your information

31.1 We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

31.2 We may disclose your personal information to third parties:

in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets; or
if www.fencewallpaper.com or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets; or
if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or
in order to enforce or apply our terms of use or terms and conditions of supply and other agreements; or
to protect the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

32. Your rights

32.1 You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by selecting the "unsubscribe" button on any marketing materials which you receive.

32.2 Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

33. Access to information

33.1 The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

34. Changes to our privacy policy

34.1 Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail

35. EVENTS OUTSIDE OUR CONTROL

35.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control including acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism or acts of local or central Government or of any other competent authorities provided that: (a) we will take reasonable steps to prevent or minimise the failure or delay; (b) in the event of substantial delay, you may cancel your order by notifying us and we will refund you all amounts paid under the affected contract.

36. RESOLVING DISPUTES

36.1 If you have a dispute with us relating to our contract with you, in the first instance please contact us at hello@fencewallpaper.com and attempt to resolve the dispute with us informally. You can also write to us at: Fence Wallpaper, 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ.

36.2 If we suspect a fraudulent use of our site or an attempt to defraud us through abuse of the chargeback scheme, we reserve the right to pursue you for the full costs incurred of defending such action, which includes, but is not limited to, the price paid for the item(s), the chargeback fee and any applicable court fees.

37. EACH OF THESE TERMS OPERATES INDEPENDENTLY

37.1 Each of the provisions of these Terms of Sale operates separately. If any court or any other relevant authority decides that any of these paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

38. UPDATING THESE TERMS OF SALE

38.1 We may modify or update these Terms of Sale from time to time for reasons including: (a) changes in how our business operates; (b) changes in the legal or regulatory requirements that we must comply with; or (c) changes in how we accept payment from you. However, any order of Products by you will be governed by the terms and conditions available on our site at the time you place the order.

39. RIGHTS OF THIRD PARTIES

39.1 Any Contract made between you and us is only made between you and us. No third party will have any rights to enforce any of its terms.

40. LAW AND JURISDICTION

40.1 These Terms of Sale are governed by English law. This means that a contract for the purchase of Products made through our site and any dispute or claim arising out of or in connection with it will be governed by English law.

40.2 You can bring legal proceedings in respect of this contract in the English courts. However, if you are a resident of Scotland, you may also bring proceedings in Scotland and if you are a resident in Northern Ireland, you may also bring proceedings in Northern Ireland.

41 CONTACTING YOU

41.1 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

42. CONTACT US

42.1 If you have any queries about these Terms of Sale, please send us an email at hello@fencewallpaper.com