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Terms & Conditions

COOKIES POLICY

 This website is owned and run Fernweh (“we”, “our”, “us”). The term “our online services” refers to Fernweh, our mobile and tablet applications and any other websites or apps we own or run from time to time. If you use any of our online services, we will refer to you using the terms “user”, “visitor”, “you”, “your”, “yours” in this policy.

This cookies policy explains:

  • The cookies used on our online services
  • Advertising cookies used on our business partners’ websites
  • How to reject or opt out of receiving cookies
  • Third-party cookies

THE COOKIES USED ON OUR ONLINE SERVICES

The cookies we and our business partners use on our online services can be grouped into the following categories:

Essential cookies: Some of the cookies on our online services are essential for us to be able to provide you with a service you have requested. An example of this would be a cookie that enables you to log into your account on the website, or one which allows communication between your browser and the website. Our cookie-preference cookie, described in the section ‘How to reject or opt out of receiving cookies’, is also an essential cookie. You may not be able to use our website without these cookies.

Website functionality cookies: These cookies enable you to browse our online services and use features such as shopping baskets and wish lists.

Website analytics cookies: We use these cookies to measure and analyse how our customers use our online services. An example is counting the number of different people visiting our website or using a particular feature, rather than the total number of times the site or feature is used. This allows us to continuously improve our online services and your shopping experience.

Customer preference cookies: When browsing or shopping online, our online services will remember preferences you make (for example your user name, language or location). This improves your experience and makes your browsing simpler, easier and more personal to you.

Social sharing cookies: When browsing or shopping online, our online services will remember preferences you make (for example your user name, language or location). This improves your experience and makes your browsing simpler, easier and more personal to you.

Interest-based advertising cookies: You will have noticed, when visiting other websites that you are shown adverts for products and services you may wish to buy. The money made by website owners for showing third-party adverts on their websites often pays for the cost of running the website, and therefore often allows you to use the website without having to pay a registration or usage fee. Like many businesses, we place adverts for our services on a range of our partners’ websites. However, to try and ensure that the adverts you see are relevant to you, we use cookies to collect information about the types of things that interest you, for example websites you visit and your geographic location. Having these cookies does not increase the number of adverts you will be shown, but simply makes the adverts you see more relevant. In addition, they limit the number of times you see an advertisement, as well as helping us measure the effectiveness of our advertising campaigns.

ADVERTISING COOKIES USED ON OUR BUSINESS PARTNERS’ WEBSITES

We place adverts on a number of third-party websites. We use cookies to control how often you are shown a particular advert on those websites, so you do not see the same advert too frequently. We do not collect any personal data within these cookies. To reject our use of these cookies, please refer to your browser settings as set out in the ‘How to reject or opt out of receiving cookies’ section below.

HOW TO REJECT OR OPT OUT OF RECEIVING COOKIES

If you want to delete any cookies that are already on your computer, please refer to the help and support section on your internet browser for instructions on how to locate the file or directory that stores cookies.

Please note that our online services cannot always control third-party cookies stored on your machine from our online services and that setting your cookie preferences with us will not stop those third-party cookies from being stored on your machine. Therefore you must manage these cookies directly with the relevant third party. Please see our ‘Third party cookies’ section below for more information.

Information on deleting or controlling cookies is available at www.AboutCookies.org. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our site.

THIRD-PARTY COOKIES

Some of the cookies described above are stored on your machine by third parties when you use our online services. We have no control over these cookies or how the third parties use them. They are used to allow third parties to provide a service to us, for example analytics. For more information on these cookies and how to disable them, please see the individual third party’s privacy policy.

If you want to know more about how cookies work and how to manage or delete them, visit the World Wide Web Consortium’s website (or, for third party cookies, visit http://www.youronlinechoices.com/).

TERMS & CONDITIONS

Fernweh’s (“Fernweh” “we” “us”) website(s) (our “Site” or “Sites”) and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our Sites (collectively, the “TOS”). Please read the TOS carefully before placing any orders the Fernweh website. We recommend you should keep a copy of the TOS for future reference.

Fernweh is a trading name of Fernweh, a proprietorship. Our registered address is 13, Md, Ishaque Road, Kolkata – 700016

In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under 16 you must let your parent or guardian know about Fernweh’s privacy policy before you register to use this Site or any of this Site’s services. We reserve the right to only accept orders from those over 18 however.

We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

REGISTRATION

To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following email address hello@fernwehcollective.com. We may also change registration requirements from time to time.

The account password you provide should be unique and kept secure, and you must notify Fernweh immediately of any breach of security or unauthorized use of your account.

Please refer to our Privacy Policy for information about how we use your data.

ELIGIBILITY TO PURCHASE

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the Fernweh terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Fernweh, whose applications are acceptable to Fernweh and who have authorized Fernweh to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, Fernweh reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where Fernweh feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.

Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.

ORDERS

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.

Fernweh offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally however, we may be waiting for shipments from our suppliers. Consequently you may choose to register your email address for notification of arrival of the selected merchandise not held in stock.  If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.

Fernweh will store a record of your transactions for a minimum of one year.

PRICING POLICY

Prices shown on the Site are in Indian Rupees (“INR”) and are inclusive of GST at the applicable rate.

All prices and offers remain valid as advertised from time to time. The INR price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.

From time to time, prices are subject to change in response to currency exchange rate changes, markdowns and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted.

If you are a customer whose credit/debit card is not denominated in INR, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order and completion of the contract between you and Fernweh will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in India and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of Fernweh.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.

PAYMENT

We accept Visa and MasterCard cards, and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by Fernweh. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Fernweh, we will not be liable for any delay or non-delivery.

We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using CyberSource, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered Fernweh user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.

To help ensure that your shopping experience is safe, simple, and secure, Fernweh uses Secure Socket Layer (SSL) technology.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment 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 unauthorized access to any data you provide when accessing or ordering from the Site.

PROMOTION CODES

Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.

INSURANCE AND DELIVERY

You will own the goods on and from the later of the point in time when: (a) we receive payment in full, or (b) we deliver the goods to your designated post office.

Fernweh insures each purchase during the time it is in transit until it is delivered to your specified post office. At the point of delivery to the post office responsibility for your purchased goods passes to you.

When you are returning an item to Fernweh, the responsibility for each time will rest with you. At the point of the item reaching Fernweh responsibility for your purchased goods passes to Fernweh.

Please note that we aim to dispatch all orders within 2 working days. Delivery times appearing on the site are estimates and are to be used as a guide only and commence from the date of dispatch. In any event, we will deliver the goods to you within 30 days of the day on which we accept your order. Fernweh is not responsible for any delays caused by destination customs clearance processes.

If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.

INTELLECTUAL PROPERTY RIGHTS

Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including Fernweh Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by Fernweh and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

CONTENT

In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Fernweh tries to ensure that the information on this site is accurate and complete. Fernweh does not promise that Fernweh’s Content is accurate or error-free. Fernweh does not promise that the functional aspects of the Site or Fernweh’s Content will be error free or that this Site, Fernweh Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of Fernweh and we accept no responsibility for any such views expressed in any media.

NO COMMERCIAL USE

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

YOUR ACTIVITY

You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.

THIRD PARTY SITES

We may include hyperlinks on this Site to other websites or resources operated by parties other than Fernweh, including advertisers. Fernweh has not reviewed all of the sites linked to its Website and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

LIMITS ON OUR LIABILITY

We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).

We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.

COMPENSATION

At our request, you agree to compensate us fully, defend us, and hold us Fernweh harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.

OUR RELATIONSHIP

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Fernweh as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Fernweh, and we shall not be liable for any representation, act, or omission on your part.

NO WAIVER

If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.

COMPLAINTS AND GOVERNING LAW

If you have a complaint about us email on hello@fernwehcollective.com giving full details including date of purchase and order reference number where applicable and your full name and address and contact details. The TOS together with all our policies and procedures will be governed by and construed in accordance to Indian law and the relevant courts of India will have exclusive jurisdiction.

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