Store Policies

This page tells you the terms of use on which you may make use of our website www.joanafulana.com, whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

Information About Us


www.joanafulana.com (the “Website”) is a site operated by and trading as Joana Fulana Ltd. ("We"). This company is registered in England and Wales with company number 12819523, and VAT number GB 292 2839 76. Our registered office is Unit 14 Hillside Avenue, Cheshunt, EN8 8NF.




Accessing Our Site


Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.




Intellectual Property Rights


We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.




Our Liability


The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude: • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and
• for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. We have the right to remove any material or posting you make on the Website at our sole discretion.




Information About You And Visits To Our Site


We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.




Conditions Of Sale


These Conditions apply where the Buyer wishes to order certain of the Company's Goods and the Buyer and the Company wish to regulate the sale and purchase of such Goods ("the order"). These Conditions have been brought to the attention of the Buyer. 1. INTERPRETATION AND DEFINITIONS "the Buyer" means the person who purchases Goods from the Company; “Company” means Joana Fulana; "Goods" means any goods agreed in the contract to be supplied to the Buyer by the Company (including any part or parts of them). 2. YOUR STATUS 2.1 By placing an order through our site, you warrant that: (a) You are legally capable of entering into binding contracts; and (b) You are at least 18 years old. 2.2 Any personal data that we gather concerning you shall be used only in accordance with our Privacy Policy. 3. APPLICATION OF TERMS 3.1 Subject to any variation under condition the supply of Goods will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document) and no terms or conditions endorsed upon, delivered with or contained in the Buyer's purchase order, confirmation of order, specification or other document will form part of the Conditions. 3.2 These Conditions apply to all the Company's sales and any variation to these Conditions and any representations about the Goods shall have no effect unless expressly agreed in writing by the Company. The Buyer acknowledges that no reliance has been placed on any such representations for which provision has not been made expressly in writing. 3.3 Each order for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to purchase Goods subject to these Conditions and the Buyer acknowledges that prior to any such order he has notice of and such order is made on the basis of these Conditions. 3.4 No order placed by the Buyer shall be accepted or deemed to be accepted by the Company until a written acceptance of order is issued by the Company or (if earlier) the Company delivers the Goods to the Buyer. For the avoidance of doubt an order confirmation or acknowledgement issued by the Company is not an acceptance of the Buyer's offer but merely confirmation of the contents of such offer and the Company reserves the right to decide whether to accept such offer in accordance with this clause. 3.5 The Buyer must ensure that the contents of its order are complete and accurate. 3.6 The Company reserves the right to treat each order accepted by the Company as a separate contract and the Company reserves the right to deliver the Goods by instalments. Where Goods are delivered by instalments the Company reserves the right to treat each instalment as a separate contract. 4. DESCRIPTION the Company’s marketing materials (“the Marketing Materials") are issued or published for the sole purpose of giving an approximate idea of the Goods described in them and such Marketing Materials do not and will not form part of the contract. 5. CONSUMER RIGHTS Our Returns Policy is incorporated into these Conditions. 6. DELIVERY Delivery is on the terms set out in our Delivery Policy and incorporated into these Conditions. 7. RISK/TITLE 7.1 The Goods will be at your risk from the time of delivery. 7.2 Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges. 8. PRICE Unless otherwise agreed by the Company in writing the price for the Goods shall be: (a) the price set out in the Company's price list published on the date of acceptance by the Company as defined n these Conditions; and (b) inclusive of any value added tax which is due for the Goods. 9. PAYMENT 9.1 Payment of the price for the Goods is due in full before delivery and failure to make payment on the due date shall without prejudice to the Company's other rights, entitle the Company to refuse delivery and/or cancel any contract between the Buyer and the Company. For the purposes of this condition only, the due date shall be the date of actual delivery or such date as the Company has communicated to the Buyer whether in writing or orally that it has the Goods in stock. 9.2 Time for payment shall be of the essence and no payment shall be deemed to have been received until the Company has received cleared funds. 9.3 All payments payable to the Company under the contract shall become due immediately upon termination of contract despite any other provision. 10. WARRANTY AND LIABILITY 10.1 The Company shall not be liable for any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with any specification expressly agreed in writing by the Company (whether or not delivery is refused by the Buyer) or any other dissatisfaction of the buyer except, and only to the extent set out in the Returns Policy which is incorporated into the Conditions. 11. LIMITATION OF LIABILITY 11.1 Subject to condition 6 and 10 the following provisions set out the entire liability of the Company (including any liability for the acts or omissions of its employees, agents and subcontractors) to the Buyer arising from any breach of these Conditions and any representation, statement or tortious act or omission including negligence arising under or in connection with the contract. 11.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by sections 9, 10 and 13 of the Consumer Rights Act 2015) are, to the fullest extent permitted by law, excluded from the contract. Nothing in these Conditions excludes or limits the liability of the Company for death or personal injury caused by the Company's negligence or fraudulent misrepresentation. 11.3 These conditions do not include or limit in any way the Company's liability: (a) For death or personal injury caused by the Company's negligence; (b) Under section 2(3) of the Consumer Protection Act 1987; (c) For fraud or fraudulent misrepresentation; or (d) For any matter for which it would be illegal for the Company to exclude, or attempt to exclude, the Company's liability. THE BUYER'S ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF THE FOLLOWING CONDITIONS: 11.4 Subject to condition 11.2 the Company shall not be liable to the Buyer for any loss of profit, loss of business, loss of goodwill, reputation, anticipated savings or revenues or any indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer and the Company's entire aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of a contract shall not exceed the price of the Goods supplied. 11.5 The Buyer acknowledges and agrees that except as expressly provided in this Condition 11, the Company shall not be under any liability of any kind whatsoever and howsoever caused arising directly or indirectly in connection with this agreement. 11.6 The Buyer acknowledges and agrees that the allocation of risk contained in this contract is reflected in the price agreed by the Company and the Buyer. 12. TERMINATION 12.1 The Company reserves the right to accept or refuse any order and to cancel any uncompleted contract with the Buyer or to suspend in relation to a delivery under any contract if the Buyer fails to observe or perform any of these Conditions. 13. INDEMNITY The Buyer shall indemnify the Company against all damage or injury to any person firm or Company against all proceedings charges and expenses for which the Company may become liable in respect of the Goods supplied by or on behalf of the Company except to the extent that such liability has been expressly admitted in these Conditions. 14. GENERAL 14.1 All patent, copyright, design, registered or unregistered trademark, confidential information, know-how or industrial or intellectual property rights ("Intellectual Property Rights") in all Goods and in the names "Joana Fulana" and any other logos or trademarks appearing in or on or used in relation to the Goods shall remain vested in the Company and no right to licence or other rights are granted under any contract to the Buyer in respect of any Intellectual Property Rights except the right to resell the Goods in accordance with these Conditions. 14.2 In connection with the promotion, advertisement and marketing of the Goods the Buyer shall only use such advertising, promotional and selling materials and/or activities as are approved in writing by the Company and shall observe all directions and instructions given to it by the Company in relation to the promotion, advertisement and marketing of the Goods. 14.3 The Company reserves the right to defer the date of delivery or to cancel a contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the performance of any of the Company's obligations in relation to the Goods due to circumstances beyond the Company's reasonable control including, without limitation, restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, and the Company shall not be liable to the Buyer. 14.4 Each right or remedy of the Company under any contract or these Conditions is without prejudice to any other right or remedy of the Company whether under any contract, these Conditions or not. 14.5 If any provision of a contract or those Conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of any contract and the remainder of such provision shall continue in full force and effect. 14.6 Failure or delay by the Company in enforcing or partially enforcing any provision of any contract will not be construed as a waiver of any of its rights under the contract, and no waiver by the Company of any breach by the Buyer of these Conditions and no indulgence granted by the Company to the Buyer or otherwise shall affect the right of the Company in respect thereof or any subsequent breach and any waiver by the Company of any breach of any provision of the contract by the Buyer will not be deemed a waiver of any subsequent breach and will in no way affect the other terms of the contract. 14.7 The Buyer shall not be entitled to assign the contract or any part of it without the prior written consent of the Company. The Company may assign the contract or any part of it to any person, firm or Company. The parties to any contract do not intend that any term of the contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it. The formation, existence, construction, performance, validity and all aspects of the contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts. 15. COMMUNICATIONS 15.1 All communications between the parties about a contract must be in writing and delivered by hand or sent by pre-paid first class post or sent by facsimile transmission and (in case of communications to the Company) to its registered office or such changed address as shall be notified to the Buyer by the Company; or (in the case of the communications to the Buyer) to the registered office of the addressee (if it is a Company) or (in any other case) to any address of the Buyer set out in any document which forms part of the contract or such other address as shall be notified to the Company by the Buyer. 15.2 Communications shall be deemed to have been received, if sent by pre-paid first class post, 2 days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting), if delivered by hand, on the day of delivery or if sent by facsimile transmission on a working day prior to 4.00 p.m., at the time of transmission and otherwise on the next working day. 16. FRAUD CHECKS To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998. 17. eGIFT CARDS 17.1 The gift card is not a credit card, charge card or cheque guarantee card. 17.2 eGift cards can be purchased exclusively at www.joanafulana.com. Gift and will be sold in GBP (£ Sterling). 17.3 The minimum amount required to activate this gift card is £20. You can add any value up to a maximum of £250. 17.4 You can find out your remaining balance in store contacting our Client Services Team on support@joanafulana.com. Please be ready to provide your eGift Card code number or email address. 17.5 Any refunds/exchanges of goods purchased with the gift card will be made in accordance with our general Returns policy. This does not affect your statutory rights. 17.6 Please treat the gift card as cash but note the remaining balance for lost, stolen or damaged cards cannot be replaced and you will lose any funds stored on them. 17.7 The value of your purchases will be deducted from the balance on your eGift Card. No change will be given, however any remaining balance can be used for future purchases. eGift Cards may be used to purchase goods of a higher price than the amount on the gift card, but the difference must be paid by credit or debit card. 17.8 eGift Cards expire 12 months from purchase. Any remaining balance will be forfeited once expired. 17.9 eGift Cards are non-transferable or negotiable, and cannot be refunded or exchanged for cash or vouchers. 17.10 We reserve the right to refuse gift cards which we believe have been tampered with, duplicated, or otherwise affected by fraud. 17.11 Joana Fulana may cancel the value of the gift card if we do not receive payment from the purchaser's bank or card company. Further action may be taken where the fraudulent use of a credit card is suspected. 17.12 Joana Fulana reserves the right to refuse a gift card if we suspect the card or any amount on it may have been stolen or obtained in another illegal way. 17.13 Joana Fulana reserves the right to add to or amend these terms and conditions. 17.14 eGift Cards are issued by Joana Fulana's website incorporated application, trading as Joana Fulana. Registered address: 27 Crossbrook St, Cheshunt, EN8 8EB. Where ‘Joana Fulana’ is listed in these terms and conditions. 17.15 These terms and conditions are governed by the Laws of England and Wales and are subject to the jurisdiction of the English courts.




Transactions Concluded Through Our Site


Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our conditions of sale. A currency converter is as an indication of currency conversion only and is provided by XE.com (Terms apply). Purchased made will be charged in Pounds Sterling (£).




Viruses, Hacking And Other Offences


You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.




Linking To Our Site


You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy. If you wish to make any use of material on our site other than that set out above, please address your request to webenquiries@joanafulana.com.




Linking From Our Site


Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.




Jurisdiction And Applicable Law


The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law.




Trade Mark


Joana Fulana is UK registered trademark.




Variations And Your Concerns


We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site. If you have any concerns about material which appears on our site, please contact webenquiries@joanafulana.com.





Privacy and Safety

Your privacy is important to us. We treat it, and any information that you give to us, with as much care as possible. Please read the following policy to understand what we do with your information. Our Website is operated from the UK and so our privacy policy complies with the Data Protection Act 1998 and relevant European data protection legislation.

We are committed to protecting your privacy and honouring the integrity of your personal information. We do not sell or pass any information collected through this Website to others except as disclosed in this Privacy Policy. If you have any requests concerning your personal information or any queries with regard to these practices please contact us by e-mail at support@jonafulana.com.

Policy last updated on 25th May 2020.

Personal Information


We collect personal information from you when you:

1. sign up for our mailing list;

2. create an account;

3. purchase a product from us;

4. e-mail us or post content on our social media pages. The type of personal information we collect (if applicable) includes the following: name, user name, password, email address, postal address, telephone number. Credit card information used to pay for purchases is held securely at a financial services approved location and cannot be accessed by us.

We use such personal information collected through this Website for the purposes of:

  • Sending notifications, updates and exclusive news;
  • Fulfilling product orders;
  • Recording your purchase history.
  • We only use the information you provide us with in accordance with our Terms.

You warrant that the information you give us is true, accurate and current and you shall inform us of any changes made to it. You shall not pretend to be any other person when providing us with this information.




Data Protection


We recognise that the information you give us and the information that we capture during your use of the Service is personal data for the purposes of the Data Protection Act 1998 (the "Act") and we hereby acknowledge that we shall treat the information that you give us in accordance with the Act and as set out in this policy.

If your personal information changes, or if you no longer need our service, you may correct, update, delete or deactivate it by emailing us at support@joanafulana.com.

We may store the personal information that you give to us in our databases. We will only keep your personal information for as long as is reasonably necessary taking into consideration our need to answer queries or resolve problems, provide improved and new services and comply with legal requirements under applicable law(s). This means that we may retain your personal information for a reasonable period after you stop using the Services.

We internally use personally identifiable information about our customers to improve our marketing and promotional efforts, to statistically analyse Website usage, to improve our content and product offerings and to customise the content and layout of our Services. We believe these uses allow us to improve our Services for our customers. We may use a customer's email address and mailing address or phone number, to contact a customer regarding an order or administrative matters or notices. We may use information in the file we maintain about a customer to resolve disputes and troubleshoot problems.

We may use cookies, web beacons, behavioural advertising or similar technology to track your use of the website or other sites related to our business partners.

We may share aggregated, non-personally identifiable information publicly and with our partners such as business with have a relationship with, advertisers or connected sites. For example, we may share information to show trends about the general use of our services.

If for some reason you believe that you have received any SPAM e-mail from us which you have not authorised us to send you, please inform us immediately by emailing us at support@joanafulana.com.




Passing Information to Third Parties


We shall not sell, share, hire or otherwise deal in any of your personal information or Registration Information with third parties unless you give us specific permission to do so when you register or through a subsequent affirmative confirmation on the Services.

We will make your personally identifiable information available to other companies or people when we use third parties to provide specialised services such as delivery services; customer support; email message deployment; suppression, merge and de-duplication services; data processing; and special products or services that you have requested. These companies are only allowed to use the information in order to help us fulfil our Services to you. We do not provide your information to these companies for their own, permanent use; If you unsubscribe for a mailing that we send to you on behalf of a third party, we may share your removal instruction with the third party so that it may be added to that person's list of people to whom they may not send emails.

We may also share your information when required by law, such as when we respond to injunctions, court orders, or legal process; or we believe that your actions violate applicable laws, our Terms of Use, or any usage guidelines for specific products or services, or threaten the rights, property, or safety of our company, our users, or others. We may share aggregated demographic information (country, city) about our user base with our service development team and web hosting provider or other relevant third parties. This information does not identify you as an individual user. We do not link such aggregate user data with personally identifiable information.




Links to Third Parties


This Website may link to other websites. These third party websites are outside of our control and are not covered by this Privacy Policy. If you access other websites using the links provided, the operators of these websites may collect your personal information. Please ensure that you are satisfied with the Privacy Policies of these third party websites before you submit any personal information. We cannot be held responsible legally or otherwise for the activities, privacy policies or levels of privacy compliance of these third parties. We encourage you to read that website's privacy policy before providing any personal information.




Competitions and Surveys


To help ensure that your personal information is safe and secure, we use state of the art security systems to encrypt your personal details, making it virtually impossible for them to be read over the internet.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep your details of your order secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering through the Services.




Your Account


Using the website or certain sections of the website require setting up a user account. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you suspect that the security of your user account has been violated, please inform the website administrator as soon as possible at support@joanafulana.com. Joana Fulana is not liable for any damage that may occur from the unauthorized use of your user account.




Your Choices & Rights


This section explains the choices you have when it comes to receiving marketing communications and how you can exercise your individual rights in relation to your personal data.

You have certain rights in the information we hold about you, including the right to:

1. Object to our use of your personal information.
2. Request a copy of it, update it or to have it deleted.

These rights may be limited in some circumstances.
Requesting access to your personal data You have the right to access a copy of the personal information we hold about you. What if you want us to stop using your personal information? You can also object to certain processing activities which use your personal information, in particular where the processing is based on our legitimate interests. You can ask us to delete, remove, or stop using your personal information if there is no need for us to keep it. You can also ask us to restrict the use of your personal information in certain circumstances. These rights are known as the ‘right to erasure and the ‘right to restrict processing. We will keep a note of your name if you ask for your personal data to be erased. You will also need to use a different email address if you decide to re-register as a customer with us as your old email address will no longer be valid. There may be reasons why the above rights may be limited in some circumstances. For example, we can refuse to provide information if fulfilling your request would reveal personal information about another person, if you ask us to delete information which we are required to have by law, have compelling legitimate interests to keep, or need to access in order to exercise our legal obligations. In such situations, we would only use your information for these purposes and not use or share your information in other ways. We will always ensure your privacy is protected and data will always be retained in accordance with the Data retention section of this policy. You may be unable to continue using our services if you require us to stop using your personal information, since this information is necessary for us to accurately fulfil and provide our services. How to withdraw your consent? Where we have asked for your consent, you may withdraw consent at any time, but this will not affect any processing that has already taken place. You're in control of your data – unsubscribing from our marketing communications You can ask us to stop sending you marketing messages by contacting us at any time. If you decide to opt out or unsubscribe it could take up to 72 hours to process the update through our systems. We may also ask you to confirm or update your marketing preferences, if there are changes in the law, regulation, or the structure of our business. Letting us know if your personal information is incorrect If the information we hold on you is wrong or incomplete, then let us know what needs updating and we will correct it. This is your right. Please email us at support@joanafulana.com.





Acceptable Use Policy

This acceptable use policy sets out the terms between you and us under which you may access our website www.joanafulana.com. This acceptable use policy applies to all users of, and visitors to, our site. Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.

Information About Us


www.joanafulana.com (the “Website”) is a site operated by and trading as Joana Fulana Ltd. ("We"). This company is registered in England and Wales with company number 12819523, and VAT number GB 292 2839 76. Our registered office is Unit 14 Hillside Avenue, Cheshunt, EN8 8NF.




Accessing Our Site


Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.




Intellectual Property Rights


We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.




Our Liability


The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude: • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and
• for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. We have the right to remove any material or posting you make on the Website at our sole discretion.




Information About You And Visits To Our Site


We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.




Conditions Of Sale


These Conditions apply where the Buyer wishes to order certain of the Company's Goods and the Buyer and the Company wish to regulate the sale and purchase of such Goods ("the order"). These Conditions have been brought to the attention of the Buyer. 1. INTERPRETATION AND DEFINITIONS "the Buyer" means the person who purchases Goods from the Company; “Company” means Joana Fulana; "Goods" means any goods agreed in the contract to be supplied to the Buyer by the Company (including any part or parts of them). 2. YOUR STATUS 2.1 By placing an order through our site, you warrant that: (a) You are legally capable of entering into binding contracts; and (b) You are at least 18 years old. 2.2 Any personal data that we gather concerning you shall be used only in accordance with our Privacy Policy. 3. APPLICATION OF TERMS 3.1 Subject to any variation under condition the supply of Goods will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document) and no terms or conditions endorsed upon, delivered with or contained in the Buyer's purchase order, confirmation of order, specification or other document will form part of the Conditions. 3.2 These Conditions apply to all the Company's sales and any variation to these Conditions and any representations about the Goods shall have no effect unless expressly agreed in writing by the Company. The Buyer acknowledges that no reliance has been placed on any such representations for which provision has not been made expressly in writing. 3.3 Each order for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to purchase Goods subject to these Conditions and the Buyer acknowledges that prior to any such order he has notice of and such order is made on the basis of these Conditions. 3.4 No order placed by the Buyer shall be accepted or deemed to be accepted by the Company until a written acceptance of order is issued by the Company or (if earlier) the Company delivers the Goods to the Buyer. For the avoidance of doubt an order confirmation or acknowledgement issued by the Company is not an acceptance of the Buyer's offer but merely confirmation of the contents of such offer and the Company reserves the right to decide whether to accept such offer in accordance with this clause. 3.5 The Buyer must ensure that the contents of its order are complete and accurate. 3.6 The Company reserves the right to treat each order accepted by the Company as a separate contract and the Company reserves the right to deliver the Goods by instalments. Where Goods are delivered by instalments the Company reserves the right to treat each instalment as a separate contract. 4. DESCRIPTION the Company’s marketing materials (“the Marketing Materials") are issued or published for the sole purpose of giving an approximate idea of the Goods described in them and such Marketing Materials do not and will not form part of the contract. 5. CONSUMER RIGHTS Our Returns Policy is incorporated into these Conditions. 6. DELIVERY Delivery is on the terms set out in our Delivery Policy and incorporated into these Conditions. 7. RISK/TITLE 7.1 The Goods will be at your risk from the time of delivery. 7.2 Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges. 8. PRICE Unless otherwise agreed by the Company in writing the price for the Goods shall be: (a) the price set out in the Company's price list published on the date of acceptance by the Company as defined n these Conditions; and (b) inclusive of any value added tax which is due for the Goods. 9. PAYMENT 9.1 Payment of the price for the Goods is due in full before delivery and failure to make payment on the due date shall without prejudice to the Company's other rights, entitle the Company to refuse delivery and/or cancel any contract between the Buyer and the Company. For the purposes of this condition only, the due date shall be the date of actual delivery or such date as the Company has communicated to the Buyer whether in writing or orally that it has the Goods in stock. 9.2 Time for payment shall be of the essence and no payment shall be deemed to have been received until the Company has received cleared funds. 9.3 All payments payable to the Company under the contract shall become due immediately upon termination of contract despite any other provision. 10. WARRANTY AND LIABILITY 10.1 The Company shall not be liable for any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with any specification expressly agreed in writing by the Company (whether or not delivery is refused by the Buyer) or any other dissatisfaction of the buyer except, and only to the extent set out in the Returns Policy which is incorporated into the Conditions. 11. LIMITATION OF LIABILITY 11.1 Subject to condition 6 and 10 the following provisions set out the entire liability of the Company (including any liability for the acts or omissions of its employees, agents and subcontractors) to the Buyer arising from any breach of these Conditions and any representation, statement or tortious act or omission including negligence arising under or in connection with the contract. 11.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by sections 9, 10 and 13 of the Consumer Rights Act 2015) are, to the fullest extent permitted by law, excluded from the contract. Nothing in these Conditions excludes or limits the liability of the Company for death or personal injury caused by the Company's negligence or fraudulent misrepresentation. 11.3 These conditions do not include or limit in any way the Company's liability: (a) For death or personal injury caused by the Company's negligence; (b) Under section 2(3) of the Consumer Protection Act 1987; (c) For fraud or fraudulent misrepresentation; or (d) For any matter for which it would be illegal for the Company to exclude, or attempt to exclude, the Company's liability. THE BUYER'S ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF THE FOLLOWING CONDITIONS: 11.4 Subject to condition 11.2 the Company shall not be liable to the Buyer for any loss of profit, loss of business, loss of goodwill, reputation, anticipated savings or revenues or any indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer and the Company's entire aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of a contract shall not exceed the price of the Goods supplied. 11.5 The Buyer acknowledges and agrees that except as expressly provided in this Condition 11, the Company shall not be under any liability of any kind whatsoever and howsoever caused arising directly or indirectly in connection with this agreement. 11.6 The Buyer acknowledges and agrees that the allocation of risk contained in this contract is reflected in the price agreed by the Company and the Buyer. 12. TERMINATION 12.1 The Company reserves the right to accept or refuse any order and to cancel any uncompleted contract with the Buyer or to suspend in relation to a delivery under any contract if the Buyer fails to observe or perform any of these Conditions. 13. INDEMNITY The Buyer shall indemnify the Company against all damage or injury to any person firm or Company against all proceedings charges and expenses for which the Company may become liable in respect of the Goods supplied by or on behalf of the Company except to the extent that such liability has been expressly admitted in these Conditions. 14. GENERAL 14.1 All patent, copyright, design, registered or unregistered trademark, confidential information, know-how or industrial or intellectual property rights ("Intellectual Property Rights") in all Goods and in the names "Joana Fulana" and any other logos or trademarks appearing in or on or used in relation to the Goods shall remain vested in the Company and no right to licence or other rights are granted under any contract to the Buyer in respect of any Intellectual Property Rights except the right to resell the Goods in accordance with these Conditions. 14.2 In connection with the promotion, advertisement and marketing of the Goods the Buyer shall only use such advertising, promotional and selling materials and/or activities as are approved in writing by the Company and shall observe all directions and instructions given to it by the Company in relation to the promotion, advertisement and marketing of the Goods. 14.3 The Company reserves the right to defer the date of delivery or to cancel a contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the performance of any of the Company's obligations in relation to the Goods due to circumstances beyond the Company's reasonable control including, without limitation, restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, and the Company shall not be liable to the Buyer. 14.4 Each right or remedy of the Company under any contract or these Conditions is without prejudice to any other right or remedy of the Company whether under any contract, these Conditions or not. 14.5 If any provision of a contract or those Conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of any contract and the remainder of such provision shall continue in full force and effect. 14.6 Failure or delay by the Company in enforcing or partially enforcing any provision of any contract will not be construed as a waiver of any of its rights under the contract, and no waiver by the Company of any breach by the Buyer of these Conditions and no indulgence granted by the Company to the Buyer or otherwise shall affect the right of the Company in respect thereof or any subsequent breach and any waiver by the Company of any breach of any provision of the contract by the Buyer will not be deemed a waiver of any subsequent breach and will in no way affect the other terms of the contract. 14.7 The Buyer shall not be entitled to assign the contract or any part of it without the prior written consent of the Company. The Company may assign the contract or any part of it to any person, firm or Company. The parties to any contract do not intend that any term of the contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it. The formation, existence, construction, performance, validity and all aspects of the contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts. 15. COMMUNICATIONS 15.1 All communications between the parties about a contract must be in writing and delivered by hand or sent by pre-paid first class post or sent by facsimile transmission and (in case of communications to the Company) to its registered office or such changed address as shall be notified to the Buyer by the Company; or (in the case of the communications to the Buyer) to the registered office of the addressee (if it is a Company) or (in any other case) to any address of the Buyer set out in any document which forms part of the contract or such other address as shall be notified to the Company by the Buyer. 15.2 Communications shall be deemed to have been received, if sent by pre-paid first class post, 2 days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting), if delivered by hand, on the day of delivery or if sent by facsimile transmission on a working day prior to 4.00 p.m., at the time of transmission and otherwise on the next working day. 16. FRAUD CHECKS To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998. 17. eGIFT CARDS 17.1 The gift card is not a credit card, charge card or cheque guarantee card. 17.2 eGift cards can be purchased exclusively at www.joanafulana.com. Gift and will be sold in GBP (£ Sterling). 17.3 The minimum amount required to activate this gift card is £20. You can add any value up to a maximum of £250. 17.4 You can find out your remaining balance in store contacting our Client Services Team on support@joanafulana.com. Please be ready to provide your eGift Card code number or email address. 17.5 Any refunds/exchanges of goods purchased with the gift card will be made in accordance with our general Returns policy. This does not affect your statutory rights. 17.6 Please treat the gift card as cash but note the remaining balance for lost, stolen or damaged cards cannot be replaced and you will lose any funds stored on them. 17.7 The value of your purchases will be deducted from the balance on your eGift Card. No change will be given, however any remaining balance can be used for future purchases. eGift Cards may be used to purchase goods of a higher price than the amount on the gift card, but the difference must be paid by credit or debit card. 17.8 eGift Cards expire 12 months from purchase. Any remaining balance will be forfeited once expired. 17.9 eGift Cards are non-transferable or negotiable, and cannot be refunded or exchanged for cash or vouchers. 17.10 We reserve the right to refuse gift cards which we believe have been tampered with, duplicated, or otherwise affected by fraud. 17.11 Joana Fulana may cancel the value of the gift card if we do not receive payment from the purchaser's bank or card company. Further action may be taken where the fraudulent use of a credit card is suspected. 17.12 Joana Fulana reserves the right to refuse a gift card if we suspect the card or any amount on it may have been stolen or obtained in another illegal way. 17.13 Joana Fulana reserves the right to add to or amend these terms and conditions. 17.14 eGift Cards are issued by Joana Fulana's website incorporated application, trading as Joana Fulana. Registered address: 27 Crossbrook St, Cheshunt, EN8 8EB. Where ‘Joana Fulana’ is listed in these terms and conditions. 17.15 These terms and conditions are governed by the Laws of England and Wales and are subject to the jurisdiction of the English courts.




Transactions Concluded Through Our Site


Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our conditions of sale. A currency converter is as an indication of currency conversion only and is provided by XE.com (Terms apply). Purchased made will be charged in Pounds Sterling (£).




Viruses, Hacking And Other Offences


You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.




Linking To Our Site


You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy. If you wish to make any use of material on our site other than that set out above, please address your request to webenquiries@joanafulana.com.




Linking From Our Site


Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.




Jurisdiction And Applicable Law


The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law.




Trade Mark


Joana Fulana is UK registered trademark.




Variations And Your Concerns


We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site. If you have any concerns about material which appears on our site, please contact webenquiries@joanafulana.com.





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