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Terms & Conditions By accessing this website you agree to these terms and conditions. If you do not agree to be bound by these terms and conditions you may not use or access this website. The www.zakandflo.co.uk website is provided solely for your personal use. You may not use this website for any commercial purpose. References in these Terms and Conditions to "we", "us" and "Zak & Flo" are to Zak & Flo, 26 Acaster Lane, Bishopthorpe, York, YO23 2SJ. 1. Online Shopping 1.1 Every care has been taken to ensure that the photographic representation, description and specification of each product are accurate. However, while the reproduction of colours is a close representation, a slight variation in the actual goods may occur. We are therefore unable to guarantee that the product images you see are an accurate representation of the actual merchandise. Before you place an order you should read these terms and conditions carefully as they contain important information about your order. 1.2 By submitting an order to us through our website, you represent and warrant that the payment details provided on your order are valid and correct, and that when your order is accepted and processed by us, payment will be made in full. By placing an order you confirm that you are the person referred to in the Billing details. 1.3 Visitors under the age of 18 should not register with this website or submit any information to us. 2. Acceptance of Your Order 2.1 You can place an order in one of two ways, either online or over the telephone through our Orderline. 2.2 Non-acceptance of an order may be a result of one of the following: • The product you ordered being out of stock - see Product Availability • Our inability to obtain authorisation for your payment • The identification of a pricing or product description error • Failure to meet the eligibility to order criteria set out in the Terms and Conditions 2.3 Online 2.3.1 Shortly after you have placed an order with us by pressing the 'Place Order Button' an email will be sent to you acknowledging the exact details of your order. This email is not an order confirmation or order acceptance from Zak & Flo. Should you not receive an acknowledgment within 5 business days, please contact our Zak & Flo Direct Customer Care Team on 01904 707829 (UK only) or +44 (0) 904 707829 (outside UK) during shop hours. Out of hours you may leave a message on 07740 343743. 2.3.2 Acceptance of an order placed by you online and the completion of the contract between you and Zak & Flo will take place when your order is dispatched, unless you have cancelled the order in accordance with the Order Cancellation instructions set out below. 2.4 Over the Telephone 2.4.1 A member of our Customer Care Team will be delighted to help you place an order over the telephone, advise you on the range of merchandise we offer on our website and help you with queries about payment. 2.4.2 Our Zak & Flo Direct Customer Care team are on 01904 707829 (UK only) or +44 (0) 904 707829 (outside UK) during shop hours. Out of hours you may leave a message on 07740 343743. 2.4.3 Where you place an order over the telephone you will be given a customer reference number as an acknowledgement of your order. Your order is not accepted at this stage. We accept your order for an item ordered over the telephone at the point of your order being dispatched, unless you have cancelled the order in accordance with the order cancellation instructions set out below. 2.5 When an order is placed, we request pre-authorisation for the value of the order from your bank/card issuer to ensure that the funds are available. However, this remains simply a pre-authorisation request until the order is shipped, at which point we actually take payment. We have found that some card companies show the initial request and the later charge as two separate entries, please be assured that we only charge your card once and that any 'second' charge is only temporary and will shortly disappear. If you have any further queries, please contact your bank/card issuer. 3. Order Cancellation 3.1 If you wish to cancel your order placed online or over the telephone please contact our Zak & Flo Direct Customer Care Team by: • Calling on 01904 707829 (UK only) or +44 (0) 904 707829 (outside UK) during shop hours and forwarding your acknowledgement email to us at ruth@zakandflo.co.uk stating your intention to cancel the order. • Or writing to Zak & Flo, 26 Acaster Lane, Bishopthorpe, York YO23 2SJ • Alternatively, you may cancel your order by returning the goods along with the completed Returns Form within 7 working days of receipt. 3.2 It may not always be possible to stop an order from being dispatched, as we endeavour to process orders immediately. If your order has already been dispatched please return the order following the instructions contained within the parcel. Please note that your right to return goods does not apply to certain products. Further details are set out in our Returns Policy at section 4. 3.3 In order to change the details of your order, you must notify us within 30 minutes during shop hours or 2 hours out of shop hours of your order being placed. Please have the order number and date the order was placed to hand. After this time we are unable to amend your order as we endeavour to process orders immediately therefore we would request that you return the goods once they have been delivered - please see section 4 for our returns procedure. If you would like to cancel or amend your order or have any further questions about our cancellations policy please contact our Zak & Flo Direct Customer Care team are on 01904 707829 (UK only) or +44 (0) 904 707829 (outside UK) during shop hours. Out of hours you may leave a message on 07740 343743. 4. Returns 4.1 Returns Policy 4.1.1 The Returns Policy is for goods purchased on the website or over the telephone or by fax or post. 4.1.2 Unwanted goods may be returned for a refund. Please return them in their original condition, unused (with their original packaging – please see 4.1.3), with all labels and garment tags still attached within 7 working days of receipt of your goods using the Returns Form provided. The following items may not be returned: • personalised items or goods which have been ordered or made to a customer's specification; • hampers; • for reasons of hygiene we do not accept the return of: all beauty items including cosmetics, fragrances; hair accessories; swimwear; lingerie/nightwear/ underwear; hosiery; earrings. 4.1.3 Please ensure you return the goods to us in their original packaging. Although your statutory rights as a consumer will not be affected, the goods are second hand without the packaging and we may not therefore be able to exchange them voluntarily. You can take the goods out of the packaging to try them out, but don't throw it away and please return it with your goods. 4.1.4 Refunds will be made for the original purchase amount against the original form of tender. Please note that postage or other return costs will be the customer's responsibility except in the case of damaged, faulty or incorrectly supplied goods. 4.1.5 When returning goods on which you have received a discount or special offer, that discount/offer will no longer apply if you fall below the discount/offer threshold and the refund will be adjusted accordingly. Additionally any free promotional gift issued with an order must also be returned if you are returning those goods. 4.1.6 None of the above terms affect your statutory rights or your rights under the Consumer Protection (Distance Selling) Regulations when goods are faulty or incorrectly supplied. In the unlikely event of this being the case please return the goods to us. 4.2 Returns Procedure 4.2.1 To return unsuitable purchase(s) we recommend using Royal Mail at your Post Office. We strongly recommend that you retain your receipt from the Post Office until you have received credit for your return. We strongly recommend that you send your return with adequate insurance. We regret that we cannot be held responsible for non-delivery of returned goods. 4.2.2 All returns should be sent to: Zak & Flo 26 Acaster Lane, Bishopthorpe York YO23 2SJ If you would like to discuss the return of any item, or have any further questions about our returns policy please contact a member of our Zak & Flo Direct Customer Care Team. 5. Payment Methods 5.1 We only accept payment for orders in £ sterling. 5.2 We accept payment by MasterCard, Visa and Visa Debit. In certain circumstances we may be able to accept PayPal. Please contact Zak & Flo Direct Customer Care Team if you would like to discuss payment by this method. 5.3 If you choose to pay for an item using a payment card with a foreign currency denominated account, the account will still be taken in£ sterling at the conversion rate applied by the relevant payment scheme at the time of processing your order. 5.4 Please note, we cannot guarantee the security of data which you send us by email. Accordingly, please do not send us payment information using email. For details of the security measures we employ please read our Security and Privacy policy. 5.5 Unless we are fraudulent or negligent we will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide us when placing an order. 5.6 Please note that Zak & Flo does not accept cash, cheques, gift cards or gift vouchers as payment online or over the telephone. 5.7 When an order is placed, we request pre-authorisation for the value of the order from your bank/card issuer to ensure that the funds are available. However, this remains simply a pre-authorisation request until the order is shipped, at which point we actually take payment. We have found that some card companies show the initial request and the later charge as two separate entries, please be assured that we only charge your card once and that any 'second' charge is only temporary and will shortly disappear. If you have any further queries, please contact your bank/card issuer. 6. Pricing Policy 6.1 All prices shown on the website are in£ sterling and are inclusive of VAT, where applicable. Prices may change and offers may be withdrawn at any time. 6.2 UK VAT will be automatically deducted (where applicable) from merchandise dispatched to non-EU countries. The deduction will be made before payment is collected. 6.3 Although we try to ensure all our prices displayed on our website are accurate, errors may sometimes occur. If we discover an error in the price of an item you have ordered we will contact you as soon as possible. You will have the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, we may treat your order in respect of the incorrectly priced item as cancelled. 6.4 Zak & Flo endeavours to ensure that all merchandise offered on the website is available at the same price in the York store. However, from time to time (particularly during Sale and promotional periods) we may offer additional discounts for purchases online from www.zakandflo.co.uk that do not apply in the York Store or vice versa. Additionally, items offered as sets on this site may not be offered as part of a set within the store and individual prices may apply. 6.5 Our York Store may also run additional discount promotions for purchases made by any of our accepted payment methods, including during the Christmas and sale periods. Please be advised that this may not apply to purchases made through our website or over the telephone. Please see in-store for details. 7. Product Availability / Information We feature products on our website that have been carefully selected for Online Shopping. Once an item is sold out it will be taken off the website at the earliest opportunity and may not be available again. Prices of products may change from time to time. If items that you order are out of stock, subject to a delay or the price is higher than that shown on your order, we will try to contact you at the email address or telephone number you provided when placing your order. If we cannot contact you or receive no response to an email we send to you, we will cancel the part of your order that is unavailable or incorrectly priced, and will continue to process the remaining items on your order (where applicable). All items are subject to availability. If, due to unforeseen circumstances, it is necessary to substitute an item, the item will be of equal or greater value than that which it replaces and substitutions will only be made with your prior consent. If a replacement item is of greater value you will be liable to pay for the difference in values. 8. Delivery Information Please note that the below delivery information applies only to orders placed online through www.zakandflo.co.uk or telephone orders made through Zak & Flo Customer Care Centre. Alternative delivery charges apply to orders placed directly through Zak & Flo's York store. 8.1 Delivery Timing 8.1.1 Please note Zak & Flo cannot guarantee specific delivery dates and therefore, please allow up to 7 working days for delivery within UK and 12 working days for Channel Islands and International delivery unless alternative dates are stated in the product description. This is subject to goods being in stock, payment authorisation and you should allow for a longer delivery time during the Christmas and sale periods. We are unable to guarantee delivery earlier than this time frame. Please contact us to advise if your purchase is for a specific date and we will endeavour to make this our priority. 8.2 UK Delivery The following delivery charges apply to UK addresses: 8.2.1 Standard Delivery (5 – 7 working days) £4.95 per order Standard delivery is available within the UK excluding orders for large and bulky orders or where delivery lead times are otherwise indicated within the product information for each individual item. All timings are subject to successful payment authorisation. 8.2.2 Next Day Delivery (Next working day) £7.95 per order Next day delivery is available within the UK excluding orders for large and bulky orders or where delivery lead times are otherwise indicated within the product information for each individual item. Orders placed before 1pm will be delivered the next day (Monday to Friday). Orders placed after 1pm will be dispatched the next working day (except for during the sale period where next day delivery will take 2-3 working days). All timings are subject to successful payment authorisation. For the postcodes listed below express delivery orders will be delivered within 2-3 working days 8.3 Channel Islands and International Delivery 8.3.1 We deliver a wide selection of our online merchandise to 40 countries worldwide. 8.3.2 We reserve the right to withdraw Channel Islands and International delivery at anytime. 8.3.3 We cannot be held accountable for delays in customs clearance. 8.3.4 If you require any additional information please call +44 (0) 1904 707829 8.3.5 Import Duty Zak & Flo cannot be held responsible should local customs authorities wish to confiscate any particular item ordered, or charge any import duty on such items. The recipient is responsible for paying the duty. 8.4 Message Card and Gift Wrapping We do not currently offer a message card or gift wrapping service for online orders. 9. The Website 9.1 We may change the Zak & Flo website and correct or update information (including product information) on it or change these terms and conditions at any time without notice. 9.2 Except in relation to the description of products and services available for order from our website, we do not guarantee and are not responsible for the accuracy of any information provided on the website. 9.3 You may access and use the website for your personal, non-commercial use. Provided you retain all copyright and proprietary notices, you may: 9.3.1 retrieve and display the content of the website on a screen; 9.3.2 print copies of the content for your own personal use; and 9.3.3 store the content in electronic form (except that you may not store it on any server or other storage device connected to a network). 9.4 You may not use this website or its contents: 9.4.1 for commercial purposes; 9.4.2 for resale purposes including the systematic extraction and/or re-utilisation of any part of the contents of this website (eg. item listings, descriptions, prices); 9.4.3 to download (other than page caching) or modify the website, or any portion of it; 9.4.4 to interfere with or disrupt any network or web site connected to this website or gain unauthorised access to other computer systems; 9.4.5 to interfere with the enjoyment or use of the website by any other person; 9.4.6 for any purpose which is unlawful. 9.5 In addition you may not in relation to this website, use any: 9.5.1 data mining, robots, or similar data gathering and extraction tools; 9.5.2 framing techniques to enclose the trade marks, logos and other proprietary images, text layouts and formats which we use on the website; 9.5.3 meta tags or any other "hidden text" which uses our name or trade marks. 9.6 Using this website does not give you permission to link to it or to use any of the trade marks, designs, get-up and/or logos contained within it. 9.7 We do not represent or warrant that the material contained in the website, any of the functions of the website and the server will operate without interruption or delay or will be error-free, free from defects, viruses or bugs or compatible with any other software or material. The website is provided "as is". Accessing the website is entirely at your own risk. 9.8 You must not transmit through or to our website any defamatory, threatening, obscene, distressing, harmful or pornographic material or material which may infringe upon the rights of others (including intellectual property rights, rights of confidentiality or rights of privacy) or which does not comply with all relevant laws. 9.9 This website and its content including all text, graphics, logos, button icons, images, data compilations and software used in connection with this website, is our property or that of our suppliers and is protected copyright, trade marks, database rights and other intellectual property rights. 9.10 This website may include links to third party web sites ("Third Party Site(s)") from time to time. You acknowledge and agree that we will not be responsible for the availability of such Third Party Sites and will not be responsible or liable for any content or services available from such Third Party Sites. You should check the privacy statements and terms and conditions of use of Third Party Sites accessible from this website. 10. Liability and Indemnity 10.1 We do not exclude or limit our liability or the liability of any other person for fraudulent misrepresentation or for death or personal injury resulting from our or their negligence. Except as set out above and in relation to our contractual obligations to supply goods and/or services following acceptance of orders placed on our website, neither we nor any of our agents, affiliates, directors, employees or other representatives will be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use or misuse of the website or customer services. We shall not be liable for any indirect, or consequential loss of whatever nature, including damage to software or hardware, loss of data, damage for loss of business, loss of profits, or any other indirect or consequential loss arising out of or in connection with your use of the website or customer services (including without limitation, any such loss arising out of or in connection with any order placed on the website or through the Orderline, whether or not accepted by us). 10.2 You agree to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you. 10.3 We may terminate your use of the website immediately if we consider that you have breached these Terms and Conditions. 11. Privacy and Communications 11.1 When you place orders online or by telephone, we collect certain personal and transactional information (eg name, address, email address, credit/debit card details) from you. For details on how we use this information, please read our Security and Privacy policy. 11.2 To fulfil our obligations to you under these Terms and Conditions we communicate with you by email and by posting notices on the website. You agree to receive communications from us electronically in this way and that electronic communications will satisfy any legal requirement for communications to be in writing. 12. Jurisdiction The website and telephone Orderline are controlled and operated in the UK. These Terms and Conditions and all matters connected with any order you place on our website or over the telephone are governed by English law and you agree to submit to the exclusive jurisdiction of the English courts in relation to all matters connected with or arising out of the website or your use of customer services or any order you place on the website or through the Orderline. 13. General 13.1 We may change these Terms and Conditions at any time. If any of these terms and conditions are invalid or unenforceable, the remainder of these terms and conditions shall continue to have full force and effect. 13.2 We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control. 13.3 If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach. 14. Customer Support Please contact our Zak & Flo Direct Customer Care Team in the event of any queries: 01904 707829 (UK only) or +44 (0)1904 707829 (outside UK) Lines are open during shop hours. Email: ruth@zakandflo.co.uk 15. Our Details Zak & Flo 26 Acaster Lane Bishopthorpe York YO23 2SJ VAT number: 921 3626 45 Last updated on the 16 August 2010. Security and Privacy Cookies What are cookies? Cookies are small data files which, are temporarily stored on your computer hard drive and provide information about your online movements and use of the internet. Cookies help to speed up the operation of the website, track your current shopping experience and shopping basket, and gather valuable marketing information on website usage which allows us to constantly improve our service to you. In order to provide a personalised shopping experience with the highest level of security our website uses a number of cookies. In order to shop with us your computer must be set up to receive cookies. Cookies cannot harm your computer and do not contain any personal or private information. The vast majority of web browsers accept cookies. However you do have the ability to decline cookies by modifying the settings on your browser. If you do this you may lose some of the functionality of this website. For further information about cookies and how to disable, block and delete them, see your Help section which is typically found in the menu bar at the top of the browser. Some browsers will also provide help if the F1 Key is pressed. Security and Privacy Policy Who are we? References in this Security and Privacy Policy to "we", "us" and "Zak & Flo" are to Zak & Flo, 26 Acaster Lane, Bishopthorpe, York, YO23 2SJ. Our Privacy Promise Your privacy is of utmost importance to us. Any of your personal details will only be used by Zak & Flo and our carefully selected third party partners to ensure that we deliver an excellent service to you, and to process and deliver your order and maintain your account with us. How do we use your information? Any personal information we collect from you will be used in accordance with the Data Protection Act 1998 and other applicable laws. The details we collect will be used to: 1. Process your order and communicate with you about the goods or services you have ordered from us. 2. Process payments and prevent fraudulent transactions for these purposes for a reasonable period of time. 3. Update our records and maintain your account with us. 4. Recommend offers and merchandise that may be of interest to you, where you have consented to be contact ed for such purposes. 5. Improve the content and appearance of our website or catalogues, to ensure that content from our website and our catalogues are presented in the most effective manner for you. With a view to understanding our customer's needs better, we will, with your permission, retain the information you have provided us and the details of any purchases you have made to enable us to offer products and services that are likely to be of interest to you. If you are an existing customer, we will contact you with information about goods and services similar to those which were the subject of a previous sale to you. How we collect your information? We may collect and process your information as follows: 1. Information that you provide by filling in forms on our website for transactional or any other purposes. 2. Details of transactions you carry out through our site or when telephoning us and of the fulfilment of your orders. 3. If you contact us, we may keep a record of that correspondence. 4. Details of your visits to our website and the resources that you access. Disclosure of your information We may disclose your personal information to third parties: 1. In the event that we sell or buy any business or assets, in which case we may disclose your personal details to the prospective seller or buyer of such business or assets. 2. If Zak & Flo or substantially all of its assets are acquired by a third party, in which case personal details held by it about its customers will be one of the transferred assets. 3. If we are under a duty to disclose or share your personal details 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 Zak & Flo, our customers or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. Keeping in Touch with Zak & Flo and Your Rights At Zak & Flo we want to keep you up to date with information about new ranges, special offers and improvements to this site. If you decide you do not wish to be contacted by us, you can request that we stop using your information and that we stop mailing information to you, by writing to the Customer Services Department, quoting Security and Privacy Enquiry, at Customer Services, Zak & Flo, 26 Acaster Lane, Bishopthorpe, York YO23 2SJ or by emailing us on ruth@zakandflo.co.uk and informing us so. If you no longer wish to receive e-mails from us, please call our Customer Care Team who will be more than happy to help you. You may continue to receive mailings which are already on route to you for a short period of time while your request is being processed. 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 details to these websites. We will not keep your personal information processed by us for any purpose or purposes for longer than is necessary for that purpose or for those purposes. The Data Protection Act 1998 gives you the right to access information held about you. Your right of access can be exercised in accordance with the Data Protection Act 1998. Any access request may be subject to a small fee to meet our costs in providing you with details of the information we hold about you. Security Policy Security of our website is of up most importance to us. Our site uses software to provide high level SSL encryption technology. There are two simple ways to check if a page on our website is secure; firstly a small padlock sign will appear in the bottom bar of your browser and the 'http' will be replaced with 'https' at the front of zakandflo.co.uk in the browser address window. Although we use advanced security measures to protect your information against loss, misuse and alteration, as is the case with all computer networks linked to the internet, we cannot make absolute guarantees over the security of the information you provide over the internet and as such we cannot be held responsible for it. Please note that e-mail correspondence is free format text and cannot be encrypted, therefore it is not a secure means of communication. We will never contact you by e-mail to ask you to send or confirm any of your personal details; if we need any information of this nature we will only contact you by telephone. Never send any sensitive information, such as passwords or credit card information, via email. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Changes to our Security and Privacy Policy Any changes we may make to our Security and Privacy Policy in the future will be posted on this page. Contact Questions, comments and requests regarding this Security and Privacy are welcomed and should be addressed to Customer Services Department, quoting Security and Privacy Enquiry, at Customer Services, Zak & Flo, 26 Acaster Lane, Bishopthorpe, York YO23 2SJ or by emailing us on ruth@zakandflo.co.uk.