Terms and Conditions
Last updated 26th of January 2019
By using this website, you are deemed to have read and agreed to the following terms and conditions. Each time you use or access this website, you agree to be bound by these Terms and Conditions, as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this website, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms and Conditions.
We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, unless we are legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Exclusions and Limitations
The information on this website is provided to you on an “as is” basis. You agree that the owners of this website exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this website and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy or improper delivery of any data or information.
To the fullest extent permitted by law, this Company:
Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Your Responsibilities and Registration Obligations
In order to use this service, you must register and agree to provide truthful information when requested. When registering, you explicitly agree to our Terms and Conditions, which may be modified by us from time to time and available here.
Registration and Password
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorised or unauthorised by you. You agree to immediately notify us of any unauthorised use or your registration, user account or password.
You agree that our website may expose you to content that may be objectionable or offensive. We shall not be responsible to you in any way for the content that appears on this website nor for any error or omission. You explicitly agree, in using this website or any service provided, that you shall not:
(a) Provide any content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libellous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this website or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) Impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) Collect or harvest any data about other users;
(d) Provide or use this website and any content in a manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorised advertising without our prior written consent;
(e) Provide any content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets;
(f) Infringe on any copyrights or intellectual property rights;
(g) Offer for sale, promote or advertise through www.fierce-unicorn.com: weaponry, items designed to restrain or hurt or harm or inconvenience people, drugs or narcotics, tobacco, substances which may be used – or advertised as such – to achieve hallucinogenic effects, pornography, alcohol, racially offensive, or carry out, promote or advertise any manner of illegal activities. www.fierce-unicorn.com reserves the right to report any breaches of this nature to the relevant law authorities. www.fierce-unicorn.com reserves the right to make judgments upon what is permissible to sell through www.fierce-unicorn.com websites.
Furthermore, you agree that:
(h) You own the right to publish any and all material you provide www.fierce-unicorn.com for use within a www.fierce-unicorn.com webstore and will grant www.fierce-unicorn.com the rights to use these materials to bolster the performance of www.fierce-unicorn.com stores.
In addition, you agree that you will not:
(i) Contact customers to request they pay you via means other than the supported www.fierce-unicorn.com payment providers;
(j) Try to circumvent any systems www.fierce-unicorn.com has in place, including attempting to change, remove or obscure the www.fierce-unicorn.com advertising bar or other component placed on stores by www.fierce-unicorn.com;
(k) Log in, or attempt to log in, into an account which is not maintained by yourself.
Third Party Services
Goods and services of third parties may be advertised and/or made available on or through this website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
You agree to indemnify and hold us, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders harmless from any claim or demand, including reasonable legal fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this website or service, your violation of these Terms and Conditions or any other violation of the rights of another person or party.
You understand and agree that your use of this website and any services or content provided by (The “Service”) is made available and provided to you at your own risk. It is provided to you “as is” and we expressly disclaim all warranties of any kind, implied or expressed, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, of any quality, nor that any content is safe in any manner for download. You understand and agree that neither us nor any participant in the Service provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
Limitation of Liability
You expressly understand and agree that we shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to: damages for loss of profits, goodwill, use, data or other intangible loss (even if we have been advised of the possibility of such damages), resulting from or arising out of:
The use of or the inability to use the Service
The cost to obtain substitute goods and/or services resulting from any transactions entered into on or through this Service
Unauthorised access to or alteration of your data transmissions
Statements of conduct of any third party on the Service, or
Any other matter relating to the Service. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
Reservation of Rights
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our website, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our website or service without our prior written consent.
Notification of Copyright Infringement
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, please contact us. The copyright holder must provide us with all of the following information:
(a) A signature of a person authorised to act on behalf of the owner of the copyright that is allegedly infringed.
(b) Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information to allow us to locate the material.
(c) Contact information for the person giving the notification, such as an address and telephone, and, if available, an email address at which such person may be contacted.
(d) A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
(e) A statement that the information in the notification is accurate and, under penalty of perjury, that the person providing the notification is authorised to act on behalf of the owner of the copyright that is allegedly infringed.
You agree that these Terms and Conditions and any dispute arising out of your use or misuse of this website or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this website is located, without regard to its conflict of law provisions. By registering or using this website and service you consent and submit to the exclusive jurisdiction and venue of the city, county or country where the headquarters of the owner of this website is located.
In the event that these Terms and Conditions conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain valid and intact. The failure of either party to assert any right under these Terms and Conditions shall not be considered a waiver of any of that party’s right and that right will remain in full force and effect. You agree that without regard to any statute or contrary law that any claim or cause arising out of this website or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred. We may assign our rights and obligations under these Terms and Conditions and we shall be relieved of any further obligation.
By continuing to browse or otherwise accessing the website, you signal acceptance of the terms and disclaimer set out above. If you do not accept any of these terms, leave this website now. By logging into your www.fierce-unicorn.com account or using any www.fierce-unicorn.com you signal that you accept these Terms and Conditions in full.
Where permissible by law, www.fierce-unicorn.com is the sole arbiter of the meaning and context of these terms and conditions.
In the course of managing and optimising stores, www.fierce-unicorn.com monitors the activity of sites to develop better selling techniques for our clients. This information resides on our servers and is never passed on to a third party, and never used for marketing purposes. This information is held purely to provide statistical analysis and trace errors, in an effort to benefit our clients.
All major Credit/Debit Cards are acceptable methods of payment via PayPal. Our Terms are payment in full for all goods and services purchased from www.fierce-unicorn.com. All goods remain the property of the Company until paid for in full.
www.fierce-unicorn.com reserves the right to terminate without notice inactive accounts.
www.fierce-unicorn.com may operate under other domain names with the suffix: .com, .net, .org,. co.uk, .biz, .info, .eu, .name, .be,.co.in, .de, .dk, .nl and .es .
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or the content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them.
This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
The www.fierce-unicorn.com account pages and website are designed for use in Google Chrome and Safari. Support for other browsers is not necessarily provided.
Price & Postage
Prices shown on this site include VAT, where and to the extent that VAT is required to be applied to the product under UK VAT law. Faster delivery services are available for an extra charge. European and international postage charges apply and are extra. All product prices and delivery charges are shown in UK pounds sterling.
Payment is calculated and taken by PayPal and will adapt to the users preferred currency. This will show the user the final amount in their preferred currency before purchasing in accordance with current exchange rates. For each product, an estimation of equivalent price in both Euros and American Dollars will be shown. Despite prices fluctuating with exchange rates, these prices may not adapt to reflect accurate pricing at the time of purchase. It is therefore strongly advised to check the final amount before purchasing if you are using a currency other that UK pounds sterling.
Age of Consent
In order to place an order, you must be aged 18 years or over. In placing this order, you confirm that you are aware of the age restrictions on these products and assert that you are old enough to purchase them. After you have confirmed your order, we will send an email to you summarising each order you have placed.
Once the payment for your order is confirmed, your order will be packaged and posted to you according to the delivery option that you have selected. In some instances, we may decline to deliver parcels to PO addresses. We will contact you if we consider the PO address to be a problem.
No contract will exist between you and www.fierce-unicorn.com for the sale of products by us to you until www.fierce-unicorn.com has sent you an email confirming that your order has been despatched. This will be deemed to be our acceptance of your offer and to have been effectively communicated to you.
We reserve the right to increase prices without prior notification.
Although we make every effort to ensure the prices on the website are correct, mistakes may sometimes be made. If we discover a mistake in the price of the products you have ordered, we will tell you and give you the option of either reconfirming your order at the correct price or cancelling your order. If we are unable to contact you or we receive no reply from you, we will cancel your order. If your order is cancelled and you have already paid for the products you will receive a full refund.
The seller does not accept liability for shortages in quantities delivered unless the buyer notifies the seller of any claim of short delivery of the goods within two working days of delivery. In such circumstances the seller’s liability shall be restricted to making good the shortfall.
These terms and conditions are in addition to your statutory rights as a consumer, which remain unaffected.
These terms and conditions and any contract between us shall be governed by and interpreted in accordance with English Law and the English Courts shall have jurisdiction over any disputes between us.
From time to time, www.fierce-unicorn.com’s servers must be disabled for updates – i.e. important security updates or software upgrades. Where possible, notice will be given of this down-time and the store-front will be kept open. An example of an update which will receive no notice is a critical security update which closes a loophole detrimental to our shoppers’ security or experience.
Support & Contact Details
All support is strictly handled online via www.fierce-unicorn.com contact page.
Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website. This Company’s logo is a registered trademark of this Company in the United Kingdom and other countries. The brand names and specific services of this Company featured on this web site are trademarked.
We have several different e-mail addresses for different queries. To get in contact, please use our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers. This company is registered in England and Wales, Number 8546630, registered office 7 Headley Park Avenue, Bristol, BS13 7NR.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement.
No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of England and Wales govern these terms and conditions. By accessing this website and using our services/buying our products, you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
These Terms and Conditions form part of the Agreement between you (the Client) and us. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.