LAST UPDATED 2021-10-21
Welcome to Fanno!
Fanno is a marketplace provided via the Fanno mobile app (“App”) and the Fanno website (“Website”) which allows you to buy products ("Products") from third party traders ("Merchants") and provides you with features and services allowing you to do so, along with any other services we may provide from time to time (collectively "Fanno Services"). Please see our Privacy Policy and our Cookie Policy to understand how we collect and process your personal information. Your use of Fanno and the Fanno Services is governed by these Terms of Use and Sale ("Terms of Use and Sale").
Fanno is provided by Perceiver Pte. Ltd, which is registered in Singapore with its registered office at 8 Robinson Road, #03-00, Aso Building Singapore (048544), and references to “Fanno/Us/We/Our” in these Terms of Use and Sale shall be construed accordingly.
The Terms of Use and Sale are split into two sections:
Section A: Terms of Use. The Terms of Use apply to anyone who accesses, browses, registers, makes a purchase on or otherwise uses Fanno. This is a contract between you and Fanno.
Section B: Terms of Sale. The Terms of Sale apply (in addition to the Terms of Use) with respect to any purchases you make from Merchants on Fanno. This is a contract between you and the relevant Merchant.
By accessing and browsing or otherwise using Fanno, you confirm that you can form a legally binding contract with Fanno, that you accept the Terms of Use and that you agree to comply with them.
The Terms of Use will continue in force until they are terminated by either you or Fanno in accordance with their termination provisions.
We will always have a copy of our current Terms of Use and Sale available on Fanno (including the “Last Updated” date).
How to Contact Us
You can reach us at: service@mail.fannoshop.com or write to us at Perceiver Pte. Ltd, which is registered in Singapore with its registered office at 8 Robinson Road, #03-00, Aso Building Singapore (048544).
Your privacy is important to us. Please read our Privacy Policy to understand how we collect, use and share information about you. Please also read our Cookie Policy to understand how we use cookies on Fanno.
The Additional Jurisdiction-Specific Terms apply in addition to these Terms of Use and Sale where you purchase a Product from a Merchant depending on the version of Fanno you use (“Additional Terms”). In the event of any conflict between the Additional Terms and the rest of the Terms of Use and Sale, the Additional Terms prevail.
Fanno is an online marketplace which allows consumers to purchase Products from Merchants.
Fanno is currently made available by Fanno in the UK and certain EU Member States (including Germany, France, Italy and Spain). If you’re a resident of another EU Member State you may still access Fanno and make a purchase (although the Merchant may not deliver to your Member State).
IMPORTANT: Fanno does not itself sell Products on Fanno. Fanno allows third parties (i.e. Merchants) to sell Products on Fanno.
Fanno may facilitate the promotion and sale of Products on Fanno by Merchants to you. Fanno is not, however, the party that undertakes the promotion and/or sale. The Sales Contract (as defined in the Terms of Sale) is always solely between you and the Merchant. Fanno is not (a) the buyer or the seller of Products; (b) a party to the Terms of Sale or responsible for the fulfilment of the Sales Contract; or (c) an agent of you or the Merchant in connection with purchase or sale. The Merchant of the Products will be shown on the Product Detail Page (as defined in the Terms of Sale) of each Product and your rights of recourse, for example in relation to refunds and cancellations, will be between you and the Merchant as provided for in the Terms of Sale.
You can use Fanno via the App and via the Website. Certain functions are available only in the App. Further, not all Fanno features may be available in the version made available in your country. Different features may be available in different versions of Fanno.
To use all available features of (and make purchases on) Fanno, you must create an account with us. When you create this account, you must provide accurate and up-to-date information ("User Information"). We may use your User Information to assess whether or not you will be authorised to use Fanno to make a purchase. It is important that you maintain and promptly update your User Information you provide to us, to keep such information current and complete. It is a serious breach of these Terms of Use and Sale if you do not provide and maintain at all times, complete, accurate and up to date User Information.
It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at: service@mail.fannoshopcom.
All items purchased on Fanno must be paid for through a payment provider engaged by the Merchant using a valid payment method.
The payment provider is separate to us and you will be subject to their terms when making payments to Merchants. Fanno does not provide you with any payment services and is not responsible for your payments to Merchants.
When VAT is chargeable on the supply, and/or customs duties apply, the price listed on Fanno will be inclusive of VAT and/or customs duty (or where it is not possible to provide the exact amount of such taxes or duties you will be told that additional charges may be payable and the manner in which the price is to be calculated).
There may be instances in which you may need to pay additional taxes and/or customs duties. Please refer to the Additional Terms applicable to your jurisdiction set forth in the Additional Jurisdiction-Specific Terms below for information on Customs and Tax Policy.
Fanno may let you post reviews about Products that you have purchased.
You must not post a review about a Product that you have not purchased via Fanno, including where you have purchased it elsewhere.
By posting a review you: (a) promise to us that you own or otherwise control all of the rights in the content of the review; (b) promise to us that the content of your review is accurate, is not misleading and reflects your genuinely held belief in respect of the relevant Product; and (c) grant us a world-wide, royalty-free, sub-licensable, transferable license to use, reproduce, publish, translate and modify the content of your review (including the name that you submit with it) on Fanno and for any promotional or advertising activities in respect of Fanno.
We may remove reviews at our discretion, including where they are in breach of the above requirements or any other requirements in these Terms of Use and Sale.
If you find inappropriate content that violates the Terms of Use and Sale (and/or any relevant guidelines and policies) or have any other issues you'd like to raise, you can email us at service@mail.fannoshop.com. Clause 10 sets out how to report alleged infringements of intellectual property rights.
Acceptable Uses
Your access to and use of Fanno is subject to the Terms of Use and Sale and all applicable laws and regulations.
Only consumers may order and purchase Products on Fanno. You may not access or use Fanno to order or purchase Products on behalf of a business or entity. By using Fanno to order or purchase Products, you confirm that you are a consumer and you agree not to use our platform for any commercial or business purposes unless we have granted express written consent.
You must not use Fanno for any of the following purposes or do any of the following acts:
In addition, you may not:
Fanno takes the intellectual property rights of others very seriously.
We have a process by which people can report alleged infringements of intellectual property rights. You can find information about how our reporting process works in the Fanno Intellectual Property Policy.
We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of Fanno, you agree not to infringe intellectual property rights of any person while using Fanno.
As between you and Fanno, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Fanno Services, the Fanno platform, the Website and the App, and all intellectual property rights related thereto (the “Fanno Content”), are either owned or licensed by Fanno, it being understood that you or your licensors will own any User Content (as defined in Clause 11 below) you upload or transmit through the Fanno Services. Use by you of the Fanno Content or other materials available as part of the Services for any purpose not expressly permitted by these Terms of Use and Sale is strictly prohibited. Such content and materials may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior express written consent. We and our licensors reserve absolutely and unconditionally all rights arising out of or in connection with the Fanno Services and the Fanno Content not expressly granted in and to such content and materials.
Subject to these Terms of Use and Sale, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide licence to access and use Fanno and the Fanno Content, including to download the App on a permitted device, and to access Fanno solely for your personal, non-commercial use and solely in compliance with these Terms of Use and Sale. Fanno reserves absolutely and unconditionally all rights not expressly granted herein in Fanno. You acknowledge and agree that upon any termination of your account or these Terms of Use and Sale, this licence granted to you in respect of Fanno and the Fanno Content will automatically terminate.
We make no representations, warranties or guarantees, whether express or implied, that any content on Fanno (including Fanno Content) is accurate, complete or up to date. Where Fanno contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no visibility or control over the contents on or available through those sites or resources and you acknowledge and agree that we have no liability for any such content. Such links should not be interpreted as approval by us of those linked websites or information you may obtain on or through them.
By posting any content ("User Content") to or through Fanno, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive (to the extent permitted by applicable law) any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. You hereby waive (to the extent permitted by applicable law) and agree never to assert any and all moral rights you may have in or with respect of any of the User Content you upload or otherwise make available through Fanno, or to support, maintain or permit any action based on any such moral rights.
While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings, promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”) then, regardless of what your accompanying communication may say, the following terms will apply, so that the status of such Feedback is clearly understood by you and us. Accordingly, by sending Feedback to us, you agree that:
By accepting these Terms of Use and Sale you promise to Fanno that:
Nothing in these Terms of Use and Sale shall affect any statutory rights that you: (i) cannot contractually agree to alter or waive; and (ii) are legally always entitled to as a consumer.
Fanno is provided “as is” and we make no warranty or representation to you with respect to it. In particular, we do not represent or warrant to you that:
To the extent allowed under applicable law, no conditions, representations, warranties, statements or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to Fanno except to the extent that they are expressly set out in the Terms of Use and Sale. We may change, suspend, withdraw or restrict the availability of all or any part of Fanno for business and operational reasons at any time without notice.
If we know or reasonably suspect that you are in material or persistent breach of these Terms of Use, we may upon notice to you, temporarily or permanently suspend or terminate your account or impose limits on or restrict your access to Fanno.
On termination of your account, or these Terms of Use and Sale, all related rights and obligations under these Terms of Use and Sale immediately terminate, except that you will remain responsible for performing all of your obligations to Merchants (under the terms of the relevant Terms of Sale(s) (as defined in the Terms of Sale below)) in connection with transactions entered into before the effective date of termination and for any liabilities that accrued before or as a result of termination (if any).
The following Clauses of these Terms of Use shall survive termination: 7 (Reviews); 11 (Licences by You); 15 (Effects of and Rights on Termination); 16 (Liability); 17 (Dispute Resolution); 18 (Governing Law and Jurisdiction) and 19 (Miscellaneous Terms).
Nothing in these Terms of Use and Sale shall exclude or limit our liability for losses which may not be lawfully excluded or limited by applicable law. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Subject to Clause 16.1, we shall not be liable to you whether in contract, in tort (including negligence), under any statute or otherwise under or in connection with these terms or the provision or receipt of Fanno for: (i) any loss of profit (ii) any loss of goodwill; (iii) any loss of opportunity; (iv) any loss of data; (v) any loss of business; (vi) any business interruption; (vii) any loss of business reputation; or (viii) any indirect or consequential losses of whatever nature.
You acknowledge and agree that, subject to Clause 16.1, we shall not be liable whether in contract, in tort (including negligence), under any statute or otherwise for any liability, loss, expense (including legal fees), cost, claim or damages which may be incurred by you or any other person arising out of or in connection with: any content or information submitted by users (or Merchants) and published on Fanno, any reliance placed by you on the completeness, accuracy or existence of any advertising or Product listing, or as a result of any relationship or transaction between you and any Merchant, advertiser or sponsor whose Products or advertising appears on Fanno; any changes which we may make to Fanno, or for any permanent or temporary cessation in the provision of Fanno (or any features within Fanno); the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services; your failure to provide us with accurate account information; or your failure to keep your password or account details secure and confidential.
If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage (in which case you will be responsible for complying with our directions in relation to the delivery of the device to us or our service providers) or pay you reasonable compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
You are responsible for any mobile charges that may apply to your use of Fanno, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using Fanno.
These limitations on our liability to you shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
Subject to Clause 16.1, our total aggregate liability whether in contract, in tort (including negligence), under any statute or otherwise under or in connection with these terms and the provision and receipt of the services will be limited to £100.00.
You and each Merchant that you choose to purchase from are responsible for resolving any dispute that may arise between you. Fanno may facilitate communications between Merchants and buyers (or between Merchants/buyers and third parties), but is not a party to any such dispute and has no obligation to do so.
If you have a complaint relating to Fanno, in the first instance please contact us at service@mail.fannoshop.com and attempt to resolve the dispute with us informally. A dispute may also be resolved pursuant to Clause 17 (Governing Law and Jurisdiction).
These Terms of Sale are governed by English law. If you live in the EU, you also have the benefit of any protection afforded to you by the mandatory provisions of the law of your country of residence.
You can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. If you live in an EU country, you can bring legal proceedings in respect of the products in the courts in the EU country in which you live or in the English courts.
Nothing in these Terms of Use and Sale shall create any partnership, joint venture, franchise, agency or sales representative relationship between you and Fanno or any Fanno affiliate.
Unless it expressly states otherwise, these Terms of Use do not give rise to any rights to any third party rights. No other person shall have any rights to enforce any of the terms in these Terms of Use and neither of us will need to get the agreement of any other person in order to end the Terms of Use or make any changes to the Terms of Use.
We are constantly innovating, changing and improving Fanno.
We may amend these Terms of Use and Sale from time to time, for instance when we update the functionality of Fanno, or when there are regulatory changes.
You will be subject to the Terms of Use and Sale (and any relevant guidelines and policies) in force at the time you use Fanno. If you are a buyer and purchase a Product, the purchase will be subject to the Terms of Use and Sale in force at the time of purchase.
We will use commercially reasonable efforts to generally notify all buyers of any material changes to these Terms of Use and Sale, such as through a notice on Fanno, however, you should look at the Terms of Use and Sale regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms of Use and Sale, which reflect the effective date of such Terms of Use and Sale. For modifications to the Terms of Use and Sale or to Fanno that we need to make to meet security, safety, legal or regulatory requirements, we may not be able to notify you in advance but we will let you know as soon as practicable.
Your continued access or use of Fanno after the date of the new Terms of Use and Sale constitutes your acceptance of the new Terms of Use and Sale. If you do not agree to the new Terms of Use and Sale, you must stop accessing or using Fanno and close your account (if applicable).
Our failure to insist upon or enforce any provision of these Terms of Use and Sale (or to exercise any other right or remedy under these Terms of Use and Sale) shall not be construed as a waiver of any provision or right under these Terms of Use and Sale nor shall it prevent or restrict the further exercise of that or any other right or remedy.
You are responsible for configuring your information technology, computer programmes and platform to access Fanno. You should use your own virus protection software.
If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms of Use and Sale is invalid, illegal or unenforceable then that provision shall be removed from the Terms of Use and Sale without affecting the rest of the Terms of Use and Sale, and the remaining provisions of the Terms of Use and Sale will continue to be valid and enforceable.
We may provide notices to you under these Terms of Use and Sale by way of such as sending you an email to the email address provided by you in your account, through an in-app message or chat, or by a notice on Fanno.
You may provide notices to Fanno under these Terms of Use and Sale by email to service@mail.fannoshop.com.
Fanno will not be liable for any delay or failure to perform any of its obligations under these Terms of Use for reasons, events or other matters beyond its reasonable control.
We may transfer these Terms of Use, our rights or obligations to anyone else provided that this does not significantly disadvantage you.
The following terms apply to a buyer located in the relevant jurisdiction ("Additional Terms"). Where applicable, Additional Terms prevail to the extent of any inconsistency with the rest of these buyer Terms.
UK
When the Products are being imported into the UK, you as the buyer located in the UK may be required to act as the declarant/importer of record. By confirming your purchase on the Fanno platform, you agree to pay any additional fees, taxes, and other amounts associated with the purchase. Further, you acknowledge your liability for VAT and customs duties, whether charged by Fanno or the Merchant or payable on import. You agree that, where applicable, you will act as the importer of the products purchased and you hereby authorize Fanno or the Merchant (as applicable) to appoint a customs agent to act in your name as direct representative in connection with the import of the goods and to pay any import VAT and customs duties on your behalf. Please note that import VAT, customs duties, and similar charges collected at the time of purchase are estimated values and may be subject to change depending on local laws. If additional amounts are assessed, you are responsible for them. We cannot be liable if a Product is delayed or denied customs clearance as a result of your failure to pay such amounts or your failure to otherwise comply with any importation or customs requirements.
To the extent permitted by applicable law, the following supplemental terms shall apply:
Notice regarding Apple. By accessing Fanno through a device made by Apple, Inc. (“Apple”), you specifically acknowledge and agree that:
Windows Phone Store. By downloading Fanno from the Windows Phone Store (or its successors) operated by Microsoft, Inc. or its affiliates, you specifically acknowledge and agree that:
Amazon Appstore. By downloading Fanno from the Amazon Appstore (or its successors) operated by Amazon Digital Services, Inc. or affiliates (“Amazon”), you specifically acknowledge and agree that:
Google Play. By downloading Fanno from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:
Fanno enables consumers to purchase products (“Products”) from third party traders (“Merchants”). Fanno operates as a marketplace for Merchants, and Fanno does not itself sell Products via Fanno, nor is it party to any contract for the sale of Products.
Set out below are the terms and conditions (“Terms of Sale”) that govern the sale of Products by Merchants to You. Please read these Terms of Sale carefully before placing an order for a Product from a Merchant.
Once you have a legally binding contract between you and the Merchant (as described in Clause 3 below), these Terms of Sale (together with any Enhanced Terms, as described in Clause 4 below) will become a legally binding Sales Contract (as described in Clause 3.3 below) between You and the Merchant.
The Merchant that you will be purchasing a Product from via Fanno will be identified (along with their contact details) on the ‘product detail page’ of the relevant Product (“Product Detail Page”). All references to “Merchant” below means the Merchant that you will be purchasing a Product from.
Any capitalised terms used in these Terms of Sale, but not defined in these Terms of Sale, that are defined in the Terms of Use have the meaning given to them in the Terms of Use.
By placing an order with a Merchant, you signify your agreement to be bound by these Terms of Sale.
Only consumers may order and purchase Products on Fanno. You may not access or use Fanno to order or purchase Products on behalf of a business or entity. By using Fanno to order or purchase Products, you confirm that you are a consumer and you agree not to use our platform for any commercial or business purposes unless we have granted express written consent.
2.1 Product information is provided by the relevant Merchant on the Product Detail Page. You should review the information of the Products which you intend to purchase before placing an order.
2.2 Merchants are responsible for making sure that any Product is fit for purpose and corresponds with the description it provides on the Product Detail Page, and they are responsible for complying with any refund, replacement or cancellation rights that you have under these Terms of Sale (including any Enhanced Terms (as defined in Clause 4)).
3.1 When you place an order for a Product by clicking ‘Buy Now’, you are making an offer to the relevant Merchant to purchase the relevant Product on these Terms of Sale (including any Enhanced Terms (as defined in Clause 4)).
3.2 After placing an order, an attempt to take payment will be made. If the attempt to take payment is successful, you will then receive an order acknowledgment message via Fanno which contains details of your order.
3.3 The order confirmation is an acknowledgment that your order has been received and that a legally binding contract between you and the Merchant has been formed based on the Terms of Sale (including any Enhanced Terms) (“Sales Contract”).
3.4 You must comply with your obligations under these Terms of Sale (including any Enhanced Terms).
4.1 These Terms of Sale set out your basic rights in respect of the purchase of a Product from a Merchant. The Merchant may, however, choose to offer certain improved rights of cancellation, return and refund (“Enhanced Terms”).
4.2 If a Merchant offers Enhanced Terms, these will be detailed on the Product Detail Page of the relevant Product and will be deemed to apply to the Terms of Sale instead of the equivalent terms set out below.
4.3 In the event of any conflict between the Enhanced Terms and the rest of the Terms of Use and Sale (including these Terms of Sale), the Enhanced Terms prevail.
5.1 Unless one of the exceptions in Clause 5.2 applies, you have the right to cancel an order for a Product at any time within the “cooling off period”. The cooling off period runs from when you place the order for the Product until the end of 14 days after the day on which the Product was delivered to you.
5.2 The above right of cancellation will not apply in respect of the following Products:
5.3 In order to cancel an order for a Product under this Clause 5, you must signify your decision to cancel before the expiry of the cooling off period by following the instructions on the App/Website. You may also use the form at Appendix 1 to these Sale Terms. You will then have a right to return the Product and obtain a refund as set out below. The cancellation ends both your and the Merchant’s obligations to perform under the Terms of Sale.
5.4 If you submit a request to cancel an order after the expiry of the cooling off period, you will have lost your right to cancel the order under this Clause and will not have a right to return and refund as set out below.
5.5 If you submit a request to cancel an order and the Product is either in transit to you, or has already been delivered to you, in order to obtain a refund, you must return the Product to the Merchant by the end of 14 days after the day you submit your request. Details of how and where to return the Product are set out on the Fanno platform. Unless stated otherwise in the Enhanced Terms, it is your responsibility to pay for the delivery of returning the Products to the Merchant. Merchants may offer to collect Products from you, and if they do so this will be set out in the Enhanced Terms.
5.6 Once the Merchant receives the Product from you, you will be eligible for a refund of the purchase price paid for the Product plus the delivery cost that you paid for the Product (up to the price of the cheapest delivery option offered by the Merchant). If you elected to pay for a more expensive delivery option than the cheapest delivery option, you may not be refunded your entire delivery cost (just the amount of the cheapest delivery option). For example, if the Merchant offers delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then the Merchant is only obliged to refund what you would have paid for the cheaper delivery option.
5.7 You must send the Product for which you have requested a refund (in compliance with these Terms of Sale) to the Merchant in order to be eligible for a refund. If you send an item that is not the correct Product, this may be disposed of, and there is no guarantee that it will be found or returned to you. No compensation will be provided to you for any loss this may cause.
5.8 All refunds due to you under this Clause 5 will be processed by the end of 14 days after the day the Merchant receives the Product from you (or if they have agreed to collect it from you, by the end of 14 days after the day of your cancellation request). The refund will be made to you using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, for any refund.
5.9 If the Merchant deems that the value of the Product you have returned is diminished by any amount as a result of you handling the Product beyond what is necessary to establish the nature, characteristics and functioning of the Product (in other words, the sort of handling that might reasonably be allowed in a physical shop), the Merchant may recover that amount from you, up to the purchase price of the Product. The Merchant may do this by deducting this amount from the refund that would otherwise be due to you. For the purposes of this foregoing, the Merchant may deem that the removal of tags, labels and/or packaging from the Product is handling that is more than necessary.
6.1 You have certain rights under law, including that a Product is as described, fit for purpose and of satisfactory quality. You also have certain remedies available to you under law if those rights are breached, for example to a refund, repair and/or replacement.
6.2 Nothing in these Terms of Sale limit or exclude the above rights that you have under law. You should follow the instructions on the App/Website in the first instance if you wish to exercise such rights.
6.3 If you wish to exercise your legal rights to reject a Product you must return them to the Merchant. The Merchant is responsible for paying the costs of postage or collection. To arrange this, you will need to follow the instructions on the App/Website.
7.1 If the Merchant fails to comply with these Terms of Sale, it is responsible for loss or damage you suffer that is a foreseeable result of its breach, but it is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Terms of Sale was made, both the Merchant and you knew it might happen.
7.2 The Merchant is not permitted to exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by the Merchant’s negligence or the negligence of its employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products as summarised at Clause 5.1.
8.1 Fanno is not a party to the Terms of Sale between you and the Merchant and has no liability to you or the Merchant under the Terms of Sale or for any information provided on Fanno and the Fanno Services.
8.2 Your use of Fanno is governed by the Terms of Use and Sale. Please see the Terms of Use for further details as to Fanno’s liability to you under those terms.
8.3 Fanno, as a marketplace service provider, may use commercially reasonable efforts to require Merchants to provide accurate, complete and updated information, but Fanno does not represent, guarantee or endorse any Products, content, information or services provided by Merchants
9.1 The Merchant or Fanno may terminate the Terms of Sale and cancel your order and require the return of any Products provided to you and the Merchant will refund any amounts paid if:
or for any other valid reason. Fanno has no liability to You or to the Merchant in the event of any such termination.
10.1 A Product will be your responsibility from the time the Merchant delivers the Product to the address you gave the Merchant for delivery. You own a Product once the Merchant has received payment in full for it.
10.2 The images of the Products on Fanno are for illustrative purposes only. Although the Merchant makes every effort to display the colours accurately, it cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images. The packaging of the Product may also vary from that shown in images on Fanno.
10.3 If the Merchant is making the Product to measurements or specifications you have given it, you are responsible for ensuring that these measurements and specifications are correct.
10.4 The Merchant may make minor changes to the Product between the time that you place your order and its dispatch to you. Such changes may be to reflect changes in relevant laws and regulatory requirements and to implement minor adjustments and improvements, for example to address a safety concern. If the Merchant makes more substantial changes to the Product, the Merchant is required to contact you and you will have the chance to cancel your order and receive a full refund of the purchase price and delivery costs.
11.1 The purchase price for a Product will be as set out on the Product Detail Page.
11.2 Merchants may offer one or more delivery options. The price for each delivery option will be as set out on the Product Detail Page.
11.3 Subject to Clause 11.6, all purchase prices and delivery costs are inclusive of customs duty and/or VAT.
11.4 You will pay the purchase price and delivery costs of the Product through the payment provider engaged by the Merchant, using a valid payment method.
11.5 The payment provider is separate to the Merchant and Fanno and you will be subject to their terms when making payments to Merchants. Neither the Merchant nor Fanno provides you with any payment services and is not responsible for your payments to Merchants.
11.6 When the Products are being imported into the UK, you as the buyer located in the UK may be required to act as the declarant/importer of record. By confirming your purchase on Fanno, you agree to pay all applicable fees, taxes, and other amounts associated with the purchase. Further, you acknowledge your liability for VAT and customs duties, whether charged by Fanno or the Merchant or payable on import. You agree that, where applicable, you will act as the importer of the products purchased and you hereby authorise Fanno or the Merchant (as applicable) to appoint a customs agent to act in your name as direct representative in connection with the import of the goods and to pay any import VAT and customs duties on your behalf. Please note that import VAT, customs duties, and similar charges collected at the time of purchase are estimated values and may be subject to change depending on local laws. If additional amounts are assessed, you are responsible for them. We cannot be liable if a Product is delayed or denied customs clearance as a result of your failure to pay such amounts or your failure to otherwise comply with any importation or customs requirements.
12.1 The estimated delivery time will vary depending on the delivery options offered by the Merchant, as set out on the Product Detail Page. Merchants do not guarantee delivery times.
12.2 If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, the Merchant is required to procure that the delivery company will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.
12.3 If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot the Merchant is required to contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite its reasonable efforts, the Merchant is unable to contact you or re-arrange delivery or collection it may cancel your order.
Please read the Merchant’s privacy policy (which can be found on the Product Detail Page) to understand how the Merchant collects, uses and shares information about you. Please note that Merchants are independent controllers of the data that they collect about your via Fanno, and we are not responsible for their compliance with the law.
14.1 You and each Merchant that you choose to purchase from are responsible for resolving any dispute that may arise between you. Fanno may facilitate communications between Merchants and buyers (or between Merchants/buyers and relevant third parties), but is not a party to any such dispute and has no obligation to do so.
14.2 If you have a complaint relating to a Product, you should follow the instructions on the App/Website.
The Merchant is required to use reasonable endeavours to resolve the complaint within 14 days of you contacting them.
14.3 A dispute may also be resolved pursuant to Clause 15.
15.1 These Terms of Sale are governed by English law. If you live in the EU, you also have the benefit of any protection afforded to you by the mandatory provisions of the law of your country of residence.
15.2 You can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. If you live in an EU country, you can bring legal proceedings in respect of the products in the courts in the EU country in which you live or in the English courts.
16.1 Relationship Between the Parties: Nothing in these Terms of Sale shall create any partnership, joint venture, franchise, agency or sales representative relationship between you and the Merchant.
16.2 Third Party Rights: Except as set out in Clause 9.1 and unless it expressly states otherwise, these Terms of Sale do not give rise to any rights to any third party rights, no other person shall have any rights to enforce any of the terms in these Terms of Sale and neither you nor the Merchant will need to get the agreement of any other person in order to end the Terms of Sale or make any changes to the Terms of Sale.
16.3 Changes to these Terms of Sale: These Terms of Sale may be amended from time to time. Reasonable efforts will be made to generally notify you of any material changes to these Terms of Sale, such as through a notice on Fanno, however, you should look at the Terms of Sale regularly to check for such changes. The “Last Updated” date at the top of these Terms of Sale will also be updated, which reflects the effective date of such Terms of Sale. By clicking “Buy Now” after the date of the new Terms of Sale constitutes your acceptance of the new Terms of Sale. If you do not agree to the new Terms of Sale, you should not place an order for a Product. Any amendment to the Terms of Sale shall not retrospectively affect an order for a Product that you have placed prior to the effective date of the amended Terms of Sale.
16.4 Notice: The Merchant may provide notices to you under these Terms of Sale by sending you an email to the email address provided by you in your account, through in-app message or chat, or by a notice on Fanno. You may provide notices to Merchant under these Terms of Sale by emailing the Merchant on the email address given in the Product Detail Page.
16.5 Events beyond the Merchant’s control: The Merchant will not be liable for any delay or failure to perform any of its obligations under these Terms of Sale for reasons, events or other matters beyond its reasonable control.