These Terms and Conditions (the "Conditions"), together with our Privacy Policy are the contractual agreement between the customer or visitor to the Website (indicated by references to "you" or "your"), and OLMO – Design Studio, Lda (indicated by references to "we", "us", or "our") in relation to your use of the www.francis-stories.com website (the "Website", or “Site”) and your purchases from the Website.
ABOUT US
www.francis-stories.com is the eCommerce Website for the Francis Stories brand, property of OLMO – Design Studio, Lda (the "Company"), a company registered in Portugal with registered address Rua da República, n9 1-DTO, 9545-128 Açores. VAT Number: 514715260.
Please contact our customer care team should you have any questions concerning these Conditions: contact@francis-stories.com.
WHY ARE THESE TERMS AND CONDITIONS IMPORTANT?
When you visit this Website or place an order on the Website you agree to be bound by these Conditions, as well as to other documents expressly referred to in it including but not limited to our Privacy Policy. Please read these Conditions carefully and make sure that you understand them before placing an order from our Website.
You should print a copy of these Conditions or save them to your computer for future reference. Please note that these Conditions, and any contract between us, are only available in the English language.
OUR RIGHT TO VARY THESE CONDITIONS
We reserve the right to amend these Conditions from time to time as is deemed necessary, so please do check before ordering that you are comfortable with the Conditions which apply at the time. These Conditions were most recently updated on 6th July 2018. Should you not agree with any of the Conditions as shown at any time, you should cease using the Website.
USE OF OUR WEBSITE
You are provided with free access to this Website in accordance with these Conditions. By using our Website, you confirm that you accept these Conditions and that you agree to comply with them. Use of our Website includes accessing, browsing, or registering to use our Website. If you do not agree to these Conditions, you must not use our Website.
CHANGES TO OUR WEBSITE
We may update our Website from time to time, and may change the content at any time. However, please note that any of the content on our Website may be out of date at any given time and we are under no obligation to update it.
We do not guarantee that our Website, or any content on it, will be free from errors or omissions. In such cases and provided that we took notice of these errors or omissions, we will deploy our best efforts to correct the situation.
ACCESSING OUR WEBSITE
Our Website is made available free of charge. We do not guarantee that our Website, or any content on it, will always be available or in an uninterrupted way. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Website.
You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Conditions and that they comply with them.
YOUR ACCOUNT AND PASSWORD
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Conditions.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at contact@francis-stories.com.
INTELLECTUAL PROPERTY RIGHTS
All rights in the design, intellectual property and information on the Website, unless stated otherwise, are owned by us, and are protected as appropriate by copyright, trademarks and other intellectual property rights. All material and content contained on the Website is for your personal non-commercial use only.
We strictly prohibit the reproduction, modification, distribution or incorporation into any other work of any or all of the material available on the Website except in so far as you may:
Copy, print or download extracts of material from the Website for the sole purpose of using the Website in good faith for domestic purposes or for placing an order through the Website; or
Copy, print or download extracts of material from the Website for the sole purpose of sending to individual third parties for their personal information provided that no commercial advantage or benefit is sought from doing so, and that you acknowledge us as the source of the material and you inform the third party that they must comply with the Conditions.
Any other use of the material and content and material of the Website is strictly prohibited and you agree not to, nor assist in any such facilitation to, copy, reproduce, transmit, publish, display, distribute or otherwise commercially exploit or create derivative works of such material and content.
All contents on pages of the Website, without exception, are the copyright trademarks or registered trademarks of OLMO – Design Studio, Lda or our suppliers or that of other third-party partners, unless otherwise noted. All Rights Reserved. You will be responsible for any breach of these Conditions and will reimburse us for any loss caused as a result of your misuse.
TRADE MARKS
“Francis Stories” is a registered trade mark of OLMO – Design Studio, Lda or its owners.
NO RELIANCE ON INFORMATION
The content on our Website is provided for general information only. We make no warranties, either express or implied, as to the Website's accuracy, nor in relation to any transaction undertaken on or through the Website included but not limited to implied warranties of non-infringement, compatibility, security, accuracy or completeness.
Although we seek to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied that the content on our Website is accurate, complete or up-to-date.
LIMITATION OF LIABILITY
The Company reserves the right to withdraw or modify at any time the Website, or any part thereof, with or without notice, and will not be liable to you nor any third party in respect of any such modifications or withdrawals. Your continued usage of the Website after any such changes shall be deemed to be acceptance of such change.
As permissible under applicable law we disclaim any and all warranties of any kind in relation to the products. Your statutory rights as a consumer are not affected nor are your right of cancellation under the contract.
We are not liable in contract, tort including without limitation negligence, pre-contract or other representations (other than misrepresentations that may be deemed negligent or fraudulent) or otherwise out of or in connection with the Conditions for any economic losses including without limitation loss of revenue, profit, contracts, business or savings; loss of goodwill or reputation; loss of data; loss of anticipated savings; any indirect or other losses suffered or incurred by any party arising out of or in connection with the provisions of the Conditions.
The Conditions do not exclude nor limit our liability for death or personal injury resulting from our negligence or that of our directors, employees or agents.
In addition, you agree to indemnify, defend and hold us and our officers, directors, employees, agents and suppliers harmless immediately on demand from and against all claims, liabilities, damages, losses, costs and expenses including reasonable legal fees arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website or by any other person accessing the Website using your account or personal information.
We bear no responsibility or liability for your use of other Websites you may access via links within this Website that we do not control nor have responsibility for the content. Such links are provided as a service and their inclusion does not indicate any endorsement nor affiliation with such website.
Any liability incurred by the Company in connection with any contract for our products to which the Conditions may apply shall not exceed the price of the products.
We shall not be liable to you nor deemed to be in breach of any contract with you or the Conditions by reason of any delay in performing or failing to perform any obligations in relation to the products ordered by you, if the delay or failure was due to any cause beyond our reasonable control.
VIRUSES
We do not guarantee that our Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
You must not misuse our Website 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 Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. 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 Website will cease immediately.
PLACING AN ORDER
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.
When you place an order on the Website, you make an offer to us to purchase the goods shown in your order. You will receive the following communications from us:
When an order is placed, you will receive an email from us acknowledging that we have received your order. Please note that this is not a confirmation that your offer to purchase the goods has been accepted.
We will confirm our acceptance to you by sending you an email detailing the items you have purchased, together with confirmation that payment has been debited from the method of payment you have provided.
When your order is dispatched you will receive an email with confirmation of the items dispatched, the dispatch method, anticipated delivery timeline, and delivery tracking information.
You may only purchase products from our Website if you are at least 18 years old.
By using the Website you warrant that any payment method used is your own and that there is sufficient credit to cover payment of the order placed.
We reserve the right to end any contract with you should you breach any of the Conditions herein or fail to make payment when due, or should we have reasonable cause to suspect you have or are about to engage in any fraudulent or illegal activity. We will suspend or terminate access to the Website accordingly and at any time, should we consider this to be necessary, and in the best interests of the Company.
PRICES AND STOCK AVAILABILITY
All prices are quoted in Euros and are correct at the time of publication and should reflect the applicable taxes (or exemption of it) based on the location from your browser. However, the precise inclusion or exclusion of taxes will only be accurately taken into account once you select the shipping destination at checkout.
Products sold and delivered to outside the European Union will not include the VAT element and are sold at the price presented at checkout after your location has been taken into account. The final price will be shown at the checkout always before you confirm your order.
If an order is delivered outside the European Union, we bear no responsibility over the customs and import duties, and you should consider them as your own cost when placing your order. Please note that we have no control over these charges and we cannot predict their amount and in these instances any costs incurred by you cannot be refunded. Please contact your local customs office for further information before placing your order.
We endeavour to display on the Website all items in our current range and to hold stock of all styles as shown. Please note that the packaging of the products may vary from that shown on the images on our Website.
If we are unable to supply you with a product, for example because the product is not in stock or no longer available or because of an error in the price on our Website, we will inform you of this by email and we will not process your order. If you have already paid for your products, we will refund you the full amount as soon as possible.
WHAT HAPPENS AFTER PLACING AN ORDER
We use all reasonable endeavours to ensure that product descriptions, specifications and photographs are as clear and accurate as possible but these are not intended to be binding and can only provide a general description of the products for sale. Colour reproduction, material description and dimensions will provide a close representation, but we will not accept any responsibility for any variation in size, material or colour caused by browser software, monitor colour contrasts or computer systems used by you. However, we do offer a comprehensive refund and exchange policy and on the understanding that you return any such goods to us in line with our Returns Policy within the Conditions, you will receive your money back.
We make every effort to deliver within the timescales promised on the Website and in further communications with you after an order has been placed. However, at times things do happen that are outside of our control and we will not be liable for any losses caused to you by late or missing delivery.
Our courier company will provide delivery to the address stated on the order. If we receive returned orders that cannot be delivered due to an incomplete or incorrect address or because of customer failure to contact the courier company or collect the goods from the depot when requested, we will refund the cost of the product less any and all delivery costs incurred by us in sending out the goods plus any additional costs incurred to return the goods to us by the courier company.
SHIPPING INFORMATION
All orders received will be shipped within 1 or 2 business days. If unable to comply with these timings, we will notice you through e-mail. For certain pieces, where indicated, which are locally made as orders come in, the order processing time can be longer.
We currently ship from Portugal to Europe (EU and Non-EU) and North America via tracked shipping method. Please see below the shipping rate and delivery times policy.
EU – FREE Express delivery on any order for all destinations in the EU. Shipping will normally take between 3-5 business days.
Non-EU European & North America – FREE Express delivery on any order for non-EU European & North America countries. Shipping will normally take between 4-7 business days. However, due to external factors, such as customs clearances or remoteness of the destination, the order may take longer to arrive.
Rest of the World – If you are from outside Europe or North America, please get in touch, as we don't guarantee shipping to all countries / regions, and shipping costs and conditions vary.
Product prices you see on the website should reflect the applicable taxes (or exemption of them) based on the location from your browser. However, the precise inclusion or exclusion of taxes will only be accurately taken into account once you select the shipping destination at checkout.
Beware that for orders from outside the EU, taxes are not included on the price, and customs fees, customs duties / taxes or additional charges may apply. Non-EU orders are sent under DAP (Delivered at Place) terms.
As soon as your order is shipped, you will receive a confirmation email with your tracking number and a link for tracking your order.
Order Cancellation
You can cancel your order anytime before it has been shipped, and we will refund the full value paid. We cannot process a cancellation after the package has been collected. If you send your order cancellation email after package has been collected, we will not be able to cancel it, and the order will proceed as per any other usual order.
Delivery Failure and Consequent Return
We set up a notification to your phone number or email address for when the item is out for delivery. If there is a failed delivery attempt, our courrier will get in touch with you to set up a new delivery time or a pick up location. If the item is returned to us due to repetitive delivery failure or expiration of the pick up period, once the item is returned to us we will refund the money paid deducted from all costs incurred.
RETURNS AND EXCHANGE POLICY
We will always do our best to meet your expectations, but if you are not completely satisfied with your purchase you can return your item for an exchange or a full refund within 14 days of delivery.
We will issue a refund to your method of payment for the purchase price (excluding any shipping costs you may have incurred) within 14 days of receiving your return package. Refunds will be processed considering the purchase price in Euros.
All items must be returned in perfect conditions, alongside with original packaging and with all tags attached as received. Please make sure the parcel is securely sealed to avoid any damage. Failure in meeting these conditions may prevent refund processing, and the item will be reshipped to you at your own cost.
Please send an email to contact@francis-stories.com before returning your items or requesting an exchange for any items. In your email, please specify your order number, the item you intend to return (in case there are more than one in the same order) and the reason for return or exchange.
We do not cover the costs of returning an item. If you are within the EU, we can arrange the pick up via our courier service for the cost of 15 Euro, to be deducted from the price amount to be refunded. However, you can also choose to send the item with a courier of your preference and we will refund the whole paid price. In this case, be sure to obtain proof of postage and send the item via a tracked method, as we cannot accept responsibility for parcels lost in transit.
If you are outside the EU, you must request for us to organize the pick up of the item, at the cost of 20 euro to be deducted from the price paid. We don't accept returns arranged by you, as these will get stuck in customs and you will be levied high custom duties or else get the item returned to you, in which case we will not be able to process the refund. Notice that we will refund only the price paid to us deducted from the shipping fee, and will not be able to refund you for any customs duties and taxes paid.
If you would like to exchange any item for another size or color of the same style, please email us on contact@francis-stories.com to let us know your request so we can hold the stock for you. We will arrange the pick up of your current item and deliver you the new item if you are located within the EU. If you are within the EU, both the pick up of the return item and the deliver of the new item will be arranged at no cost for you. For countries outside the European Union, exchanges shall be treated as returns followed by a new purchase, with all the return conditions applying.
Exchanges for other styles, whether for EU customers or non-EU customers, will be treated as returns and new purchase, with all the return conditions applying.
All items are quality controlled and checked before they are shipped, but in case there are any discrepancies or faulty products in your order, please email us immediately at contact@francis-stories.com. Please note that any claim requires that you have not used the item inappropriately and that the item is not defect due to your conduct.
PAYMENT
Purchases on the Website can be made securely using Visa, Mastercard, Maestro, AMEX or PayPal. All payments are processed in Euros (EUR). Payment for the products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order, except for products available on pre-order. In these cases, we will provide an estimated shipping date, and by pre-ordering, you agree to that estimation. However, you can at any time before shipping cancel your pre-order by sending an e-mail to us at contact@francis-stories.com stating your order number, and we will refund you to the payment method.
All payments are verified and processed by a secure 3rd party payment service provider and this includes screening against fraud. If for any reason your payment is rejected as part of our checkout process please verify you have entered all billing and payment information correctly and if this is the case then you should contact your bank or card issuer.
International credit card providers or banks will determine their own exchange rates and charges that you will be liable to pay. We have no control over such rates and charges and you should check with your issuing bank you should you have any such questions.
CUSTOMER SERVICE & HOW TO CONTACT US
Our aim is to ensure that you are completely delighted with your viewing of this Website and shopping experience, with our products and with our service. However, we are here to help in any way we can with all aspects of our products and service, and if you feel can improve in any way we would be pleased to hear from you.
All the information you need on our products and service can be found on the Website but our customer team can provide help in finding the right product for your needs, in placing an order, arranging an exchange or return, tracking your order progress, and with any other questions you may have. You can find their contact details on our contact page.
YOUR EXPECTATIONS AND RIGHTS
Should any of the Conditions be broken by you or if any liabilities are incurred as a result of your use of the Website you are liable for any and all costs arising that we or our officers, directors, employees, agents and suppliers incur as a result of any breach including reasonable legal fees if applicable.
Should any other person use your account and/or personal information with us you remain liable unless you are able to prove that such use was fraudulent.