General

The Fat Cow is part of the Zomara Group of websites. These Terms & Conditions govern your relationship with thefatcow.co.uk (this website) and the owners and their representatives (“Zomara”, “we”, “us”, “our”) . Access to, and use of, this website, and the products and services available (collectively, the “services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using our services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This website may contain links to other websites (the “Linked Sites”), which are not operated by us. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy

Our privacy policy sets out how we may use your information. By using this website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions

You must not misuse this website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this website. Breaching this provision would constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

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 this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including all images and photographs) made available to you on or through this Website remains the property of Zomara or its licensors, and are protected by copyright laws and treaties around the world. All such rights are reserved by Zomara and its licensors. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you, or which appear on this website, nor may you use any such content in connection with any business or commercial enterprise.

Terms of Sale

These terms and conditions apply only to products and services directly supplied by us. Should you choose to purchase items through a link on this website, that are supplied by others, their terms and conditions apply.

By placing an order with us, you are offering to purchase a product or service subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

In order to contract with us you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. We retain the right to refuse any request made by you.

When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

(a) Our Contract 

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. If your order is not accepted, an email will immediately be sent to advise you, and any monies paid will be refunded. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Availability

All prices are in pounds sterling. Prices may be subject to change without notice. Overseas orders may be subject to additional import tax or other duties. We do not bear responsibility for such taxes, which must be paid by you as the recipient to the relevant authorities.

Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, or the items are unavailable, we will inform you of this as soon as possible and give you the option of reconfirming your order or cancelling it. If you cancel and you have already paid for the goods, you will receive a full refund. If we are unable to contact you we will treat the order as cancelled. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

(c) Payment

Upon receiving your order a standard authorisation check is carried out on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. Payments are securely handled via our website by our third-party payment gateway provider, Stripe. Use of these services may be subject to additional terms: Stripe Checkout User Terms of Service. Your payment will be shown as ‘Zomara’ on your statement. No credit or debit card details are stored on our server.

(d) Order Fulfilment

The majority of our products are made to order. All production turnaround times quoted within our website are an estimate and not to be taken as a guarantee of production times. No compensation will be offered for any orders that fall outside of this production estimate. Delivery times quoted within our website are from when the order has been dispatched. These quotes are based on estimates from our couriers and as such they should not be taken as a guarantee of delivery. We can not be held responsible for any delays resulting from either production or postal delays, or force majeure.  

Imagery, mock-ups and sizing representations

All imagery, photography and mock-ups are an estimated representative of the final product. Colours may be affected by the technology used to access it. Whilst we do our best to faithfully reproduce colours, some variation may occur. Due to variations during the manuf­ac­turing process, or differences in size between garment size variants, we cannot guarantee the images are 100% accurate to the final printed item. In some situations the design may be reduced by up to 15% to achieve a print that fits on the item. This may result in the physical product not matching the estimated representative image, but we will not consider this product as faulty and no refund/­replacement will be offered unless a genuine fault with the print or garment is present.

Damaged or Defective Goods

(a) Damaged in Transit

We take every possible care to ensure you receive your goods in perfect condition. However, if your order shows obvious signs of damage on arrival, please refuse to accept the delivery and notify us immediately, quoting your order number. If the damage is only evident after opening the package, you must inform us within 36 hours of receipt.

(b) Defective Goods

If your goods are faulty in any way, they may be returned for a refund or exchange. Contact us within 14 days of delivery. We will request that you provide photographic evidence so we can investigate the issue. Once a photo has been received we will investigate and decide whether to accept or reject your claim of a fault. Please note that we judge faults based on a tolerance of up to 2cm for print positioning and garment manufacture. These warranties do not apply to faults caused by accident, neglect or misuse.

Disclaimer of Liability

The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary, to the fullest extent permitted by law, we and our suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect our liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website

You may link to our website, 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. This website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

Indemnity

You agree to indemnify, defend and hold harmless this website, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this website or your breach of the Terms of Service.

Variation

We  shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Waiver

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

Entire Agreement

Sales on this web site are governed by English law and you agree to submit any dispute to the non-exclusive jurisdiction of the English courts. All orders are subject to these terms and conditions and no amendments will be accepted by us. These terms and conditions do not affect your legal rights.

The above Terms of Service, together with our Privacy Policy, constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us and this website. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Zomara.