1. Terms & Conditions

1.1 Foghat Ltd, registration number 14124485, registered office: Ground Floor, 32 Park Cross Street, Leeds, West Yorkshire, LS1 2Q. VAT number is 415 3977 81

Our Terms and Conditions must be read carefully before ordering any Products or Services from our website. They contain Important Information about the Customer’s rights and obligations.

These Terms & Conditions apply to contracts between Foghat Ltd and the person using the website and the Foghat Shop “the Customer” for purchases you make from our website “the Website”.

• Definitions: “The Customer” means the person using the website and/or participating on the website and/or purchasing the Products & Services from the website;
• “The Products & Services” – items sold on the website that may be purchased by the Customer from Foghat Ltd.
• “the website” means the website of Foghat Ltd at foghat.justcreativepeople.website

1.2 By accessing and making use of the website the Customer agrees to be legally bound by these Terms and Conditions as they may be modified and posted on the website from time to time.

1.3 If the Customer must be aware that if they do not wish to be bound by these Terms and Conditions then he/she may not use the website or order the Products & Services.

1.4 Foghat Ltd reserves the right to make changes or corrections, alter or suspend or discontinue any aspect of the website or the content or products and services available through it, including the Customers access to it.

1.5 The website is only available to persons that can form legally binding contracts under applicable law.

1.6 The Customer warrants and undertakes that it will not use the website for any purpose that is illegal or prohibited by these Terms and Conditions, including without limitation the posting or transmitting of any libelous, defamatory, inflammatory or obscene material. If the Customer breaches these Terms and Conditions, then permission to use the website terminates immediately without the necessity of any notice being given. Foghat Ltd retains the right to deny access to any person who fails to comply with these Terms and Conditions.

2. Purchasing Products and Services through the website

2.1 To order the Products & Services the Customer will need to follow the ordering procedures set out on the website. Prices are set out on the website. Please take the time to read and check your order at each stage of the order process.

2.2 All delivery times and dated indicated on the website are estimates based on partner quoted delivery timescales. Foghat Ltd will make reasonable effort to deliver goods within the time specified but does not accept liability for any failure to deliver within that time and time shall not be of the essence for the purposes of these Terms and Conditions.

2.3 Upon delivery of the goods, Foghat Ltd considers the contract to have been completed.

2.4 The Products will be the Customer’s responsibility from acceptance of the delivery.

2.5 The Customer owns the Product/s once we have received payment in full, including all applicable delivery charges.

2.6 The Customer must pay by credit or debit card or the designated payment options offered on the website in full at the time of the order. The prices of the Products & Services are the prices in force at the date and time of the order. Foghat Ltd reserves the right to change the prices of the Products & Services before you place an order. The prices of the Products do not include VAT or delivery charges. These are added at Check Out

2.7 Foghat Ltd is entitled to refuse any order placed by the Customer.

2.8 Acceptance of your order is confirmed by the sending of  an e-mail to your designated email address captured during the order process. The email is an order confirmation and confirms that we have accepted your order of the Products (“Order Confirmation”). The contract between us will only be formed when we send you the Order Confirmation.

2.9 Subject to clause 3.15 below, if we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our website as referred to in clause 2.10, we will inform you of this either by e-mail or a telephone call and we will not process your order. If you have already paid for the Products, we will refund you the full amount within 10 working days.

2.10 Our website may contain a varying number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our website may be incorrectly priced or contain wrong Product information (e.g. image). If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we reserve the right to cancel the order and do not have to provide the Products to you at the incorrect (lower) price.

2.11 The Customer undertakes that all details provided by Foghat Ltd for the purpose of purchasing the Products & Services will be correct, that the credit or debit card used is the Customer’s own and that there are sufficient funds or credit facilities to cover the cost of the purchase.

2.12 Customers who make a purchase on the website without prior contact and require delivery to an address outside the U.K mainland will have their orders held until the actual carriage charge is calculated and the Customer settles the balance due on the carriage charge.

3. Orders / Returns / Refunds

3.1. If you are a consumer, you have a legal right to cancel a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 3.4. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the contract and receive a refund. Advice about your legal right to cancel the contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office. .

3.2 Your legal right to cancel an order starts from the date of the Order Confirmation, which is when the contract between us is formed. If the Products have already been delivered to you, you have a period of 14 (fourteen) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period. Returns of Products will only be accepted if the Products are returned unused, complete with no missing items in their original packaging and in a saleable condition.

3.3 To cancel an order, please contact our team by sending an email notification to customerservice@foghat.justcreativepeople.website or by letter to Foghat ltd, Unit A, Riffa Business Park, Harrogate Road, Pool in Wharfedale, LS21 2RZ. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. Where Products are damaged a picture of the damaged Products should be provided to us at the point of notification.

3.4 Subject to clause 3.7(b) you will receive a refund of the price you paid for the Products only. You will not receive a refund for delivery charges, unless the Products are faulty. We will process the refund due to you as soon as possible and, in any case within the deadlines indicated below:

(i) if you have received the Product and we have not offered to collect it from you: 30 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us;

(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 30 days after you inform us of your decision to cancel the contract in accordance with clause 3.5.

(iii) if you returned the Products to us because they were faulty or mis-described, please see clause 3.7.

3.5 If you have returned the Products to us under this clause 3 because they are faulty, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable cost you incur in returning the item to us. Where goods are damaged a picture of the damaged goods should be provided to us at the point of notification.

3.6 We will refund you on the credit card or debit card used by you to pay for the Products & Services.

3.7 If the Products were delivered to you:

(a) you must return the Products to us without undue delay and in any event not later than 30 days after the day on which you let us know that you wish to cancel the Contract.

(b) unless the Products are faulty or not as described (in this case, see clause 3.7) or where we provide you with Substitute Products, you will be responsible for the cost of returning the Products to us or, where relevant, the direct cost of us or our courier collecting the Products from you and we shall deduct this cost of collection from the refund we pay you pursuant to clause 3.6. Where Products are returned on pallets, then the full cost of this will apply and we apply price on a case by case basis. Please contact our team for a price on carriage outside of the UK Mainland, Republic of Ireland, Channel Islands and Scottish Highlands.

(c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession. Please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. You should use a trackable shipping service or purchasing shipping insurance as we don’t guarantee that we will receive your returned item.

3.10 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Order Confirmation.

3.11 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 3 or these Terms and Conditions. Please refer to  your local Citizens’ Advice Bureau or Trading Standards office.

3.12 Any complaints should be directed to customerservice@foghat.justcreativepeople.website or via post to our registered office.

3.13 We cannot guarantee that your devices’ display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images. 

4. Privacy Policy & Cookies

The website is owned by Foghat ltd.

4.1 Ordering from the website and website participation: – Customer personal data will be used to provide the information, Products and Services offered through the website to the Customer, for billing and order fulfilment. The Customer must ensure that the personal information provided is accurate and complete.

4.2 From time to time we may offer social media updates. If you follow us on social media, we may use your email address to send you information about products or services. You can opt out of these at any point.

4.3 The Customer is solely responsible in all respects for all use of and for protecting the confidentiality of any e-mail verification or other information relating to the Customer’s order of the Products & Services that may be provided to the Customer by Foghat Ltd. The Customer may not share such information or transfer such information to any third parties. The Customer must notify Foghat Ltd immediately if he/she becomes aware of any breach of security regarding the website.

4.4 Cookies and Monitoring: A “cookie” is a small text file that we store on your device. Our website uses cookies to distinguish from other users of our website. Cookies also provide us with information about how the website is used so we can keep it as up to date, relevant and error-free as possible.
We use 4 types of cookies:

1. Strictly necessary cookies – these are cookies that are essential to the operation of the website.
   Analytical/performance cookie – these cookies allow us to recognise and count the number of visitors to the website.
2. Functionality cookies – these cookies are used to recognise you when you return to the website.
3. Targeting Cookies – these cookies record your visit to the website, the pages you have visited and the links you
4. have followed. We may monitor traffic to our site and collect the following information:

• The IP address of your computer.
• The referring website from which you got to foghat.justcreativepeople.website The reasons for this are:
• To make ongoing improvements to our website based on this data.
• To see our most popular sources of business.

4.5 Disclosure of personal data: We may disclose your personal data:

• To other companies within our group.
• If we sell our business.
• To agents, sub-contractors and service providers.
• In cases where we are required by law to pass on information or if we believe action is necessary for fraud, cyber crime or to protect the website, rights, personal safety of person/s. We may also disclose aggregate statistics about visitors to our website (customers and sales) in order to describe our services to prospective partners (advertisers, sponsors) and other reputable third parties and for other lawful purposes, but these statistics will include no personally identifiable information. If we include third party links on our site and/or links via our social media, then those linked sites and media accounts have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites or social media. In addition, a link to any other website does not mean that Foghat Ltd endorses or accepts any responsibility for the content, or the use of, such a website and Foghat Ltd shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods, products or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (Including if a specific link does not work).

4.6 If we decide to change our Privacy Policy, we will post those changes on this page.

4.7 By using our website, you consent to our Privacy Policy.

5. Applicability of Online Materials

5.1 Unless otherwise specified all content and materials published on the website including but not limited to all the designs, photos, graphics and images contained on the website (the “Content”) are presented solely for the Customer’s private, personal and non-commercial use.

5.2 Foghat Ltd has used its reasonable endeavours to ensure that the website complies with UK laws. However, Foghat Ltd makes no representations that the materials on the website are appropriate or available for use in locations outside the UK. Those who visit the website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of the website and/or viewing of it or use of any material or content in the website or Services, or Products offered through the website are contrary to or infringe any applicable law in the Customer’s jurisdiction(s), the Customer is not authorised to view or use the website and must leave the website immediately.

6. Copyright and Monitoring

6.1 The contents of the website, and the Content are protected by international copyright laws and other intellectual property rights. The owner of these rights is sOak Limited, Foghat Ltd is a licensee and therefore a partner Company of SOak Limited. All products and logos mentioned in the website are the trademarks, service marks or trading names of their respective owners and Foghat Ltd has been granted permission to use them. Foghat is a UK registered trade mark of sOak Limited

7. Liability

7.1 Foghat Ltd promises that for any Products & Services purchased by the Customer from the website:

7.2 Foghat Ltd has the right to sell the Products & Services to the Customer; it will correspond to the description given to the Customer; and it will be of satisfactory quality;

7.3 Foghat Ltd will use its reasonable endeavours to ensure that all materials and information published on the website are accurate, but please note that all content materials and information on the website are provided on an ‘as is’ basis and the Customer assumes total responsibility and risk for use of the website and use of all information contained within it.

7.4 Subject to clause 7.5 and clause 7.7, Foghat Ltd accepts no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable.

7.5 Any limitation on liability does not apply to any liability Foghat Ltd may have for death or personal injury resulting from its negligence or for fraudulent misrepresentation.

7.6 The Customer is responsible for ensuring that his/her computer system meets all relevant technical specifications necessary to use the website. The Customer is responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy his/her particular requirements.

7.7 The limitations and exclusions in this clause do not affect the Customer’s non-excludable statutory rights and only apply to the extent permitted by applicable law.

7.8 These Terms and Conditions are governed by English law. Any contract for the purchase of Products or Services from the website and any dispute or claim arising out of or in connection with any such contract will be governed by English law.

8. General

8.1 Foghat Ltd may, but the Customer may not, assign, transfer or subcontract any or all of its rights and obligations under these Terms and Conditions at any time. Any purported assignment, transfer or subcontracting in contravention of this clause by the Customer shall be ineffective. These Terms and Conditions are personal to the Customer and are entered into for the benefit of the Customer and not for the benefit of any third party.

8.2 Foghat Ltd may alter these Terms and Conditions from time to time and post the new version on the website without giving the customer notice, following which all use of the website and the Customer’s ordering of Products & Services will be governed by that new version. The Customer must check the Terms and Conditions on the website regularly. Use of the website deems acceptance of the terms and conditions

8.3 These Terms and Conditions together with the Privacy Policy form the entire agreement between Foghat Ltd and the Customer. The Customer acknowledges that it has not entered into this agreement in reliance upon any statement, warranty or representation made by Forhat Ltd or any other person and irrevocably and unconditionally waives any rights to claim damages and/or to rescind these Terms and Conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the Terms and Conditions and the Privacy Policy.

8.4 If any provision or term of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, only the unenforceable/invalid term will be removed from the Terms and Conditions and all remaining paragraphs with remain in full force and effect. Each of the paragraphs of these Terms and Conditions operates separately.

8.5 These Terms and Conditions and use of the website and any non-contractual obligations arising out of or in connection with them are governed by English law and the exclusive jurisdiction of the courts of England and Wales.

8.6 Except in respect of a payment obligation, neither the Customer nor Forhat Ltd will be held liable for any failure to perform any obligation to the other due to causes or events beyond the Customer or sOak Limited’s respective reasonable control.

8.7 Failure or delay by either party enforcing an obligation or exercising a right under these Terms and Conditions does not constitute a waiver of that obligation or right.

8.8 These Terms and Conditions do not confer any rights on any person or party (other than the Customer and/or Foghat Limited) pursuant to the Contracts (Rights of Third Parties) Act 1999.

8.9 The Customer acknowledges that the Products and Services may include goods and/or materials imported into the UK from the EU (“Imported Goods”). Where, as a consequence of UK Withdrawal from the EU, otherwise referred to as ‘Brexit’, there is any delay to the Imported Goods into the UK (including but not limited to passing through HM Customs and Excise) which is not itself as a result of any act, omission or default of Foghat Ltd (including its officers, employees, servants, agents, suppliers, sub-contractors and/or sub-consultants), such delay shall not constitute a breach and the Customer shall not be entitled to any adjustment to any period(s) or dates in respect of the Order and or delivery for any Products and Services.

8.10 The Customer acknowledges that the Products and Services may include goods and/or materials imported into the UK from the EU (“Imported Goods”). The Imported Goods may be subject to the imposition of new or increased taxes, duties, tariffs, levies, fees and customs charges as a direct consequence of UK withdrawal from the EU, otherwise referred to as ‘Brexit’ (“Additional Goods Charges”). The Customer and Foghat Ltd shall each use reasonable endeavours to avoid or mitigate any Additional Goods Charges and shall co-operate with each other with regard to measures to be taken with regard to the same provided always that the Customer shall be deemed to have made all due allowance for Additional Goods Charges whether foreseen or not.

9. Notices

9.1 All notices shall be given: To Foghat Ltd via e-mail at customerservice@foghat.justcreativepeople.website or to Foghat Ltd registered address. To the Customer at either the e-mail or postal address provided during the order process.

9.2 All notices shall, except where otherwise specifically provided, be in writing in the English language and may be: sent by e-mail, in which case it shall be deemed to have been served when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt); if within the United Kingdom, sent by first class pre-paid post, in which case it shall be deemed to have been given 3 days after the date of posting; or if from or to any place outside the United Kingdom, sent by pre-paid priority airmail, in which case it shall be deemed to have been given seven Business Days after the date of posting.

10. Replacement

10.1 These Terms and Conditions replace all other Terms and Conditions previously applicable to the use of the website.