Terms & Conditions

Any use by you of our website (www.us.fatface.com/) is conditional on your acceptance of these Terms and Conditions and our Privacy Statement. We may change these Terms and Conditions without letting you know and therefore it is up to you to check this page for any changes. Your continued use of our website means that you have accepted these Terms and Conditions and the Privacy statement.

If you do not accept these Terms and Conditions, you should leave our website now.

You must be over 18 years old to buy goods from this site. If you are under 18, you can only use this site with the involvement of and permission from a parent or guardian.  If you allow your minor child or a child for whom you are a legal guardian, to access this site, you will be solely responsible for: (i) the online conduct of such minor; (ii) monitoring such minor's access to and use of this site; and (iii) the consequences of any use of this site by such minor. Pursuant to Title 47 U.S.C. § 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material and information that is harmful to minors.

Who are we?

FatFace is the trading name of Fat Face Corporation. Our registered office is: 

Fat Face Corporation
251 Little Falls Drive
Wilmington, DE 19808

Prices

Prices are as set out on the website and exclude shipping charges. We reserve the right to alter prices at any time.

Damaged or Defective Goods

If you receive an item that is damaged or defective, we will either replace the goods (or the faulty part of the item) free of charge or, at our sole discretion, refund to you the price of the goods (or a proportionate part of the price). Simply contact our Customer Services team by email uscustomerservices@fatface.com or by phone 1-800 585 0178 and they will help to replace the goods.

Delivery and Returns Policy

Please visit our Delivery and Returns page for more information.

Order Acceptance and Contract

We will notify you by e-mail as soon as possible to confirm receipt of your order. Orders placed by you are an offer to purchase and will be accepted by us, subject to stock availability. If something is not in stock, we will either let you know at the time of ordering or as soon after the order has been placed as possible. The contract for the sale of the goods will be formed when we send e-mail confirmation to you that we've dispatched the product to you at the address you provide us with. Acceptance will be complete at the time that we send this email to you. It's worth remembering that any products on the same order which we have not confirmed in the confirmation email to have been dispatched do not form part of that contract.

We reserve the right to change at any time any of the details of the garments on the site, including prices, colours and sizes. We reserve the right to change these terms and conditions and we advise that you read through them each time that you use the site.

To securely receive payments over the internet, we use Secure Sockets Layer (SSL) technology to protect your personal information and payment details. We take security seriously and have put in place appropriate physical, electronic and managerial procedures to safeguard the information we collect. Although we do our best to keep your personal information secure, we cannot however guarantee the security of your information transferred to our site.

We welcome orders from most overseas and all BFPO addresses. Orders must be paid for by credit card only. Local import duties may be payable on receipt. VAT will be deducted where appropriate. Please note however that this site and its contents do not form an agreement between FatFace and a customer in a jurisdiction in which the products offered for sale would go against any local, regional or national laws. If you know that it would be illegal for us to sell our products in your country, please do not order items from our site.

The Fat Face Website

Your use of this website

You may browse and use this website solely for your personal, non-commercial purposes and in compliance with these Terms and Conditions. You may not distribute, modify, transmit, publish, reuse, repost or use this website or any content made available on this website: (i) for public or commercial purposes without the express written permission of FatFace; (ii) in a manner inconsistent with or in violation of these Terms and Conditions; (iii) in violation of any applicable law, rule, regulation or order; or (iv) in a manner that could damage, disable, overburden or impair this website or interfere with any other person’s use or enjoyment of this website.

You will not use this website for junk mail, 'spamming' solicitations (commercial or non-commercial), chain letters or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.

You will not transmit, distribute, introduce or otherwise make available in any manner through the site any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, "Viruses"). We do not have an obligation to detect the presence of such Viruses. You may not use this website in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or information about other users of the site. You may not use any data mining, robots, or similar data gathering and extraction tools in connection with this website. If you download software or any other content from this website, you do so at your own risk.

You must use the site for lawful purposes only. By registering with us you recognize that you are responsible for all access made to the site using the log in details that you provide us with. As with all passwords and usernames, it is important that you keep them confidential at all times.

Intellectual property rights

All materials, including images, illustrations, designs, site layout, photographs, written and other text or script that are part of this site together with all software compilations, underlying source code and software in the site are protected by copyright, trademark, design right and/or other worldwide intellectual property rights and are owned or controlled by or licensed to FatFace. Any use of this website or its contents, including copying or storing it, in part or in whole, other than for your own lawful, personal, non-commercial use is prohibited without the prior permission of FatFace. You may not reproduce, publish, transmit, publicly perform, distribute, display, modify, adapt, bundle, alter, create derivative works of the site, sell or participate in any sale of or exploit in any way, any of the contents, the site, or any related software in whole or in part without our express prior written permission.

Links to Third Parties

We may provide links to third parties that we believe may be of interest to you. We do not control nor vet these websites, and therefore we cannot accept liability in respect of either the contents or your use of these websites.

SALES TAX

We reserve the right to collect sales tax in any state or jurisdiction if we believe such collection is required by law.

For states imposing sales or use taxes, your purchase may be subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. You may have a tax obligation in states where we do not collect sales tax. Details of how to report these taxes may be found at the websites of your respective taxing authorities.

DISCLAIMER OF WARRANTIES

To the extent permitted by law, we expressly disclaim all warranties of any kind, express or implied, with respect to the site, content and any products purchased from the site, including any warranty of merchantability, fitness for a particular purpose, freedom from viruses and any warranties regarding the accuracy of descriptions, images and illustrations of items in the website or in our catalogue. We do our best to keep our site up to date but cannot guarantee that the site and its contents are completely free of technical errors, viruses or anything else that may have a harmful effect on your computer or any technology. We also do our best to make the site available, but access may be suspended, restricted or terminated at any time.

You expressly agree that use of the site and content is at your sole risk. Except as otherwise expressly provided herein, the site, content and any products purchased from the site are provided on an "as is" and "as available" basis.

Limitations of liability

To the extent permitted by law, we will have no liability to you in contract, tort (including negligence) or otherwise for any loss (including loss of profit), cost or damage (whether indirect, consequential, or otherwise) suffered as a result of your use of the website or from use of information passed through the website, even if we are aware of the possibility of such loss. Additionally, we will not be liable to you for a breach of these terms and conditions or a failure to perform if the delay or failure is due to a cause beyond our reasonable control.

To the extent permitted by law, fatface's total liability for any claim howsoever arising will not exceed the price paid for the goods supplied by fatface to you, together with any postage costs incurred.

Indemnification

Unless prohibited by applicable law, you agree to indemnify and hold harmless fatface and our affiliates, and our respective officers, directors and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from or related to (i) your use of this site or any content, (ii) the violation or attempted violation of these terms and conditions by you, or (iii) the infringement by you, or any other user using your account, of any right of any person or entity. If you are obligated to indemnify us hereunder, we may control the defense and disposition of any such claims at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any third-party claim without our consent.

REMEDIES FOR BREACH OF THESE TERMS BY YOU

Without limiting any other rights or remedies, in the event we determine that you have breached any portion of these Terms and Conditions, or have otherwise demonstrated conduct that we deem to be inappropriate or unacceptable, we may (i) warn you that you have violated these Terms and Conditions; (ii) delete any content provided by you or your agent(s) to this website; (iii) discontinue your access to this website, (iv) notify and/or fully cooperate with law enforcement authorities for further action; and/or (v) any other action which we deem to be appropriate. If your ability to access and/or use this site or any other service provided to you by us is discontinued by us hereunder, then you agree that you shall not attempt to re-access the site, any other service provided by FatFace.

GOVERNING LAW, DISPUTES, ARBITRATION, CLASS ACTION WAIVER

We provide our site from our offices within the United States. We make no representation that the Content on our site is appropriate, legal or available for use in other locations. These Terms and Conditions will be governed by and construed in accordance with the laws of the United States and the State of Delaware, without giving effect to its conflicts of law provisions. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any cause of action or claim you may have arising out of or relating to these terms of use or the site must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently waived.

Any controversy or claim arising out of or relating to these Terms and Conditions, your use of the site or your purchase of any products from the site will be settled by arbitration administered by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. However, if you do not wish to have all such controversies or claims settled by arbitration in such manner, you may opt-out of this requirement by emailing us at uscustomerservices@fatface.com within ten (10) days of becoming a registered user of the site.

By agreeing to arbitration, you understand and agree you are waiving your rights to assert claims via other dispute resolution processes, including a court action.  Payment of filing, administration and arbitrator fees will be governed by the AAA rules, provided that we will reimburse you for any such filing, administration and arbitrator fees if your claim is for less than $10,000 unless the arbitrator determines such claims to be frivolous.   Further, we will not seek attorney’s fees or costs in the arbitration unless the arbitrator determines your claims to be frivolous.  Unless the arbitrator requires otherwise, you may elect to conduct the arbitration by telephone, based on written submissions or in person in the state in which you reside or a mutually agreed location.  All dispute resolution proceedings will be conducted on an individual basis and not in a class action or similar consolidated action. If, for any reason, a claim proceeds in court, rather than in arbitration, you and FatFace each waive any right to a jury trial. Notwithstanding any other provision in these Terms and Conditions, we may commence suit in court to enjoin infringement or misappropriation of intellectual property rights or confidential information.

If you believe that a controversy or claim arising out of or relating to these Terms and Conditions, your use of the site or your purchase of any products from the site, you agree to provide us with a notification via email to uscustomerservices@fatface.com, briefly summarizing the claim or controversy and your request for relief, before instituting any other formal legal action against us.

You agree that you are waiving the right to trial by jury or to participate in a class action and that you may bring claims against fatface only in your individual capacity, and not as a plaintiff or class member in any purported class action or similar consolidated action.

COPYRIGHT COMPLAINTS

We respect the intellectual property of others, and we expect users of the site to do the same. Pursuant to Title 17 U.S.C. § 512(c), if you believe that your work has been copied and is accessible on our site in a way that constitutes copyright infringement, you may notify our designated Copyright Agent below via email:

Pierce Atwood LLP
FatFace DMCA Agent
dmca@pierceatwood.com          
254 Commercial Street
Portland, ME 04101
207-791-1100

All claims of copyright infringement must be in writing and must include the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on our site where the material that you claim is infringing your copyright interest is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

MISCELLANEOUS

If any part of these terms and conditions is unlawful, void or for any other reason unenforceable, then that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties and shall not affect the validity or enforceability of any of the remaining provisions. Also, if we fail to enforce a right under these terms and conditions, it does not mean that we do not have the right to enforce other rights, or the same type of right at a later stage. We will not be liable for failure or delay in performing our obligations because of causes beyond our reasonable control, including acts of God, terrorism, war, riots, fire, earthquake, flood, or degradation or failure of third party networks or communications infrastructure.

You represent to us that you have the authority to access and use this website according to these Terms and Conditions.

You represent and warrant to us that any credit card information that you submit to us in connection with a purchase is true and that you are authorized to use the payment instrument. You authorize us to use any updated credit card information submitted by your credit card company directly to us. If you dispute any charges, you must inform us within 10 days of the charge.

These Terms and Conditions, as amended from time to time, constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings. You consent to receive communications from us electronically. We may communicate with you by email, phone, SMS text message or by posting notice on this site. You agree that any notices, disclosures, amendments or other communications provided to you electronically satisfy any requirement, legal or otherwise, that such communication be in writing.

No part of these terms and conditions are enforceable by any third party.

Contact

If you need a hand for any reason, please feel free to contact us by email at uscustomerservices@fatface.com or by writing to us at:


Fat Face Corporation
251 Little Falls Drive
Wilmington, DE 19808

Alternatively, you may prefer to pick up the phone to speak to one of our representatives on 1-800 585 0178.

Opening Hours:

Monday - Friday: 8.30am - 6pm 
Saturday: 9am - 5pm 
Bank Holidays: 10am - 4pm

Times are shown in UK GMT

Last Updated: November 9, 2017