Terms & Conditions
Please read the Terms and Conditions carefully. Your use of the Fantom Limited ("Fantom") 'No.1 Fan' web site ("No.1 Fan") and purchase of the products ("Products") on it means that you agree to these terms and conditions ("Terms").
Shopping with Fantom
- You can Order Products in the following ways:
- online via this website;
- by telephoning 0208 208 8170 between 9am and 5.30pm Monday to Friday; or
- by posting a cheque or postal order to Fantom Limited, PO Box 51871, London, NW2 9BR – please see the additional details below.
- When you place an Order for a Product in any of the ways described above ("Order") you are offering to buy it for the price stated, subject to these Terms.
- When you place your Order online we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your Order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your Order. If the Product is available and the details of the Order are correct, this email will be deemed an acceptance and will specify delivery details and confirm the price of the Products purchased. If the Product is not available we will let you know by sending you a further email with additional information regarding the out of stock Product and your choices in relation to a refund or delayed delivery.
- Fantom may cancel any sale and not supply Products if it is reasonable to do so and may change or discontinue the availability of Products at any time at its sole discretion. If an Order is cancelled, any payment made for the Products will be refunded in full. This does not affect your Statutory Rights.
- All new Orders are deemed separate and each is treated individually.
Price
- The price for each Product is shown on No.1 Fan and includes V.A.T at 15%.
- If an Order is cancelled by Fantom for any reason, any payment made for the Products will be refunded in full.
- You will be notified of the delivery costs automatically before you submit your credit card details, based on the delivery address you specify. For more information about our delivery charges for despatches to UK and International addresses click here.
- Prices are quoted on No.1 Fan in UK pounds - outside the UK your credit card company should exchange the amount charged to the currency of your country at the current rate. Please note that both charges and refunds are in UK pounds and Fantom cannot be held responsible for any loss due to exchange rate fluctuations.
- Non-EU customers are responsible for Import Duty/Tax in their respective countries.
Unfortunately we cannot advise you what these costs will be - please consult your local
customs office for more information.
Payment
- You must pay for your Order before it is delivered and you can do so by credit card, debit card, Paypal, cheque or postal Order.
- If your delivery address is outside the UK and you Order online you must pay by credit
card, debit card or Paypal.
- Credit Card
- Orders may be processed online, or by telephone, using a credit or debit card (currently VISA, MasterCard, American Express, Delta and Switch/Solo). We aim to debit money from your account within one working day after receiving your Order.
- To ensure that shopping online is secure, your credit/debit card details will be encrypted to minimise the possibility of someone being able to read them as they are sent over the Internet.
- We use 3D Secure technology in conjunction with your debit card or credit card company in order to undertake further security checks to confirm that it is you making the Order.
- All Order details and invoices will be sent to the credit card billing address and not
the delivery address where the named recipient of the Order differs.
- Cheque or Postal Order
- In the UK, you may pay by cheque or Postal Order if you wish.
- Please make cheques payable to Fantom Limited and remember to include postage.
- Please also send us a covering letter detailing your Order, cheque guarantee card number, guaranteed amount, expiry date, contact details and delivery address.
- Post your cheque or postal order to Fantom Limited, PO Box 51871, London, NW2
9BR with your covering letter.
Availability
- We try to keep No.1 Fan as up to date as possible but cannot guarantee that a particular Product will always be available. If we can't supply a Product you will not be charged for it and we will refund or re-credit your account with the amount debited by us.
- All offers are available while stocks last. If we are unable to supply a Product you have Ordered, we will notify you as soon as we can after receiving your Order. If this happens, you may cancel your Order and we will refund you the money you have paid for it. Alternatively, we will tell you in an email the expected date when that Product will be avail able and back in stock. If you reply and wish us to fulfil the Order when the Product is back in stock, we will then hold your payment and Order until such time as we can fulfil the Order. If you do not wish to wait for such fulfilment or if we receive no reply to that email, we will refund or re-credit your account with the amount debited by us.
- You cannot order batteries without ordering another Product.
- Orders in excess of 12 (twelve) Products for delivery to a UK address and Orders in excess
of 3 (three) Products for delivery to an address outside the UK will NOT be completed on the
No.1 Fan website. In such cases, you will not be able to complete an Order using the
website and will be asked to email Fantom (customerservice@no1fan.co.uk) with the details
of your Order – this is because our dispatch methods are not designed to deal with these
occasional order volumes. We will then respond to your email with a specific price quote to
fulfil your order dependent on your international location (or volume of order if in the UK)
and the number of Products you wish to order. Should you wish to proceed at the price
quoted, we will then complete the Order by processing your card details via email or by
telephone. Please bear with us in the case of wishing to make such an order – the process is
designed for you to have an opportunity to assess otherwise prohibitive dispatch costs and
make an informed decision.
Delivery
- Fantom delivers to destinations inside and outside the UK.
- You will be notified of the delivery costs automatically before you submit your credit card details. For more information about our delivery charges click here.
- If your Order is not made online please click here to calculate and include the delivery charge for your Order and if you are unsure about the charge please contact us by email or telephone for details prior to Ordering.
- Delivery outside the EU may be subject to local import taxes, which are your responsibility where they apply. If so, the shipping company should advise you the charges due or else you should consult your local customs office. Unfortunately we cannot advise you what these charges will be and Fantom is not responsible for them.
- Fantom offers a Standard Delivery service depending on the address we are delivering to. We do not offer any express or other options since our standard service is used as the fastest and most cost effective method for our customers of dispatching Orders given the nature of our Products.
- For all UK addresses we deliver single Product Orders by Royal Mail First Class Recorded Delivery (estimated delivery time of 1-2 days), and for multiple Product Orders we deliver by DPD courier (also estimated delivery time of 1-2 days).
- For all addresses outside the UK we deliver all Orders up to 3 (three) Products by Royal Mail International Signed For Air Mail (estimated delivery time of 4-5 days to Europe and 10-12 days for the Rest of the World ("ROW")).
- All Orders in excess of 12 (twelve) Products for delivery to a UK address and Orders in excess of 3 (three) Products for delivery to an address outside the UK will be subject to individually priced delivery charges as set out here.
- All Orders are despatched either by Royal Mail (Recorded Delivery or International Signed For) or by courier. Both require a signature and operate between 9am and 5pm on weekdays, so please specify an address where someone will be able to sign for your Order between these hours.
- We will make every effort to deliver within the time stated on No.1 Fan but we will not be liable for any loss caused to you by late delivery.
- If the Products are not delivered within the estimated delivery time which we quote, please contact us by telephone or email and we will try and ensure that you receive your Order, as quickly as possible. Please note that while items usually arrive within 1-2 days, for Orders dispatched by Royal Mail, Royal Mail stipulate that only items still not delivered after 15 working days can be officially classified as lost.
- Please Order from No.1 Fan with enough time to prevent any loss or disappointment resulting from the delivery time as Fantom cannot be responsible for this.
- This does not affect your statutory rights as a consumer.
- For all other information relating to Delivery, click here.
Copyright and Trade Marks
- Fantom does not give you any right or interest in any copyright or intellectual property rights in any Product nor the right to copy them.
- The copyright in No.1 Fan and the content of all the software, web site and pages relating to the No.1 Fan web site is owned by, or licensed to Fantom, unless otherwise specified and may not be used, copied or altered without our express consent.
- Copyright extends to the design, look and feel of No.1 Fan, all photographs on it and its marketing materials.
- You may use No.1 Fan for private and personal non-commercial use only - i.e. to view, copy and print portions of No.1 Fan for the sole purpose of placing Orders. The materials on No.1 Fan may not be used for any other purpose.
- No.1 Fan, Fantom and our logos are trade names or trade marks of Fantom and may not be used by anyone else without our express permission. We are the owners of a registered trademark in the name " No.1 Fan " and we are also the owners of unregistered trade mark rights in the names "Fantom" and "No.1 Fan".
- However, Fantom does not make any warranty or representation in respect of any other
trade mark and the trade marks of the brands featured on No.1 Fan belong to their
respective owners.
Privacy and Data Policy
- Fantom makes a commitment to protecting your privacy and promises only to use
information collected about you in accordance with our Privacy Policy.
Returns
- We believe that you will be delighted with your Product but there may be occasions where you feel it necessary to return an item. We aim to keep the process as simple as possible and these terms do not affect your statutory rights.
- We will try to attend to all returns as soon as practically possible.
- Please note that product returns are not able to be accepted in person at our office address.
- Unwanted Products
- Our policy is to ensure that you are satisfied every time you place an Order with Fantom. If you are unhappy with an item when you receive it or if you simply change your mind please return it to us within 14 (fourteen) days, with the despatch note, having taken reasonable care of it and in an unused state complete with packaging and all components, and we will refund you the price you paid for that product (excluding P&P).
- We will make the refund directly to the credit/charge card used to place the original order within 30 (thirty) days or earlier once we have inspected the returned item and are satisfied that it has been returned to us in the condition it was in when delivered to you.
- You will only have to pay for the return postage of the Products.
- This does not affect your statutory rights.
- Faulty Products
- We try to select and package the Products as well as possible to ensure they arrive in good condition. However, if a Product arrives damaged or with defects, or is not what you Ordered, we will replace it free of charge or provide a full refund as appropriate, if you return the Product to us at the postal address below within 14 (fourteen) days of receipt.
- In these circumstances we will also pay you the cost of the return postage. Please obtain a proof of posting certificate from your Post Office to enable us to process the refund for your return postage costs.
- For help with items later than 14 (fourteen) days after your initial purchase please email us for more information.
- This does not affect your Statutory Rights.
- Returning Unwanted or Faulty Products
- Please contact us by telephone (on 208 208 8170) or email (at customerservice@no1fan.co.uk) to inform us of your wish to return Products.
- We may allocate you with a Returns Code if we deem that necessary which, if supplied, should be included with the package to improve processing of your return.
- Please use a secure delivery method which requires a signature upon receipt (such
as via Royal Mail First Class Recorded Delivery) and return to:
Fantom Customer Returns
PO Box 4
Rugby
Warwickshire
CV21 1RU
United Kingdom - You will be responsible for the returned Products until they reach us.
- Unwanted Products - European Distance Selling Regulations ("DSRs")
- By law, consumers in the European Union have the right to cancel a contract for the purchase of an item within 7 (seven) working days of the day after receipt of the order.
- If you wish to cancel your order under the DSRs we ask you to please notify our Customer Service team quoting your name and order number:
- by email at customerservice@no1fan.co.uk; or
- by telephone on 0208 208 8170; or
- by post to our address - Fantom Limited, PO Box 51871, London, NW2 9BR.
We will then arrange for you to be refunded accordingly. - Where you are cancelling your order within this cooling-off period we will refund the cost of the item and the cost of sending the item to you as follows:
- Where you are returning an item that was part of a larger order, we will refund any specific delivery charges that you incurred for that item over and above our Standard Delivery rate.
- Where you are returning your entire order, we will refund the Standard Delivery charge incurred.
- Fantom cannot be held responsible for return Orders lost in transit as you are responsible for returning the Products to us.
- Please note in all instances Fantom shall not be liable for incidental or consequential damages or expenses, including but not limited to lost profits or other economic or commercial losses.
- This does not affect your statutory rights.
Monthly Draw
- The Monthly Draw is open to all users of No.1 Fan and no purchase is necessary to be entered into the Draw. Proof of identity may be required.
- Entry to the Draw is only available on No.1 Fan and a user becomes an entrant to the Draw by submitting their name and a valid email address. There is no confirmation message displayed or confirmation email message sent to the entrant.
- Multiple entries to the Draw by the same entrant are not allowed and an entrant entering the same valid email address more than once will be informed that such email address is already registered for the Draw.
- Entrants will be included in the Draw on an ongoing basis from their original subscription and may unsubscribe and withdraw from the ongoing Draw by clicking on a link in the monthly emails sent to the entrant by Fantom. They may also withdraw from the Draw and unsubscribe by sending an email to customerservice@no1fan.co.uk requesting that they be unsubscribed at any time.
- The Draw is run on an ongoing monthly basis and an entrant is eligible to be drawn as the winner of the Draw for each and every month that the Draw takes place beginning in the month of their entrance and subscription and in every month that the Draw takes place thereafter. The entrant need not enter again following their original subscription and entrance to the Draw.
- The winning entrant to the Draw each month will be the first eligible entrant selected at random after the closing time of the then current month's Draw.
- The Draw will close at midnight (Greenwich Mean Time) on the last day of each calendar month and an entrant will be selected at random within 2 (two) working days thereof.
- The winning entrant will be informed by email within a further 2 (two) working days of being selected. In the event that the winning entrant has not replied to Fantom to the email notification by email or telephone within 30 (thirty) days of the notification email being sent by Fantom, then they will be deemed to have voided their winning selection and a replacement winner will be selected for that month's Draw using the criteria applicable to the original Draw for the month in question. Such process may be repeated as necessary until a winner is selected for the Draw in any given month and they have replied to Fantom in the aforesaid time period. Fantom shall be under no obligation nor gives any warranty to any entrant whose winning selection in any Draw is so voided.
- The current prize for the Monthly Draw is a single No.1 Fan toy in a then currently available football club version, together with a commercially available replica shirt for any football team that Fantom can reasonably source and acquire. Such replica shirt will have the name and number as reasonably directed by the winning entrant applied at Fantom's cost. Fantom will not be liable to the winning entrant (or any third party) for any failure to source the required replica shirt nor for any failure or mistake in the application of the requested name and number.
- The prize for each Monthly Draw is as stated and no cash alternative is offered. The prize cannot be transferred or sold by the winning entrant.
- Fantom's decision as to the winner of each Monthly Draw is final. No correspondence relating to any Draw will be entered into.
- Fantom shall be entitled to end the Monthly Draw for any reason, at any time and at any stage, if deemed necessary in its opinion, or if circumstances arise outside of its control.
- Fantom shall be entitled to offer an alternative prize for any Monthly Draw at their complete discretion.
- Fantom reserves the right to disqualify any entrant and entry to the Draw that breach these rules or are in any way fraudulent or unreadable.
- Fantom, its sub-contractors, and/or agencies cannot accept any responsibility or liability whatsoever for any technical failure or malfunction or any other problem with any system related to the Draw which may result in an entry or entrant being lost or not properly registered or recorded.
- Fantom shall be entitled to use all the information and personal details supplied by an entrant to the Draw for the purposes of administering the Draw and for contacting entrants with other offers from No.1 Fan and Fantom.
- The Draw is administered by Fantom and is subject to the law of England and Wales.
Fantom Responsibilities
- Fantom has tried to make the descriptions (including all pictures) of the Products as accurate as possible but you should check the dimensions stated on No.1 Fan or contact us for exact sizes.
- Fantom shall insure Ordered Products at their retail value whilst being delivered to you. Please check the delivered Products as soon as possible on receipt as we will not cover any subsequent loss or destruction.
- Fantom will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services.
- Because of the nature of the Internet Fantom provides and maintains No.1 Fan on an "as is", "as available" basis and makes no promise that use of No.1 Fan will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
- Our website contains links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
- Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
- You will be responsible for any breach of these terms by you and if you use No.1 Fan in breach of these terms you will be liable to and will reimburse Fantom for any loss or damage caused as a result.
- These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall they exclude or limit Fantom's liability for death or personal injury resulting from its negligence nor any fraudulent representation.
- Fantom will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
- Please read the instructions, manuals and other user documentation that comes with your Products carefully. You are urged to use all Products safely and in accordance with the manufacturer's guidelines.
- These terms do not affect your statutory rights as a consumer which are available to you.
- Subject as aforesaid, to the maximum extent permitted by law, Fantom excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Fantom and Fantom shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
- any incorrect or inaccurate information on No.1 Fan;
- any interruptions to or delays in updating No.1 Fan;
- the infringement by any person of any Intellectual Property Rights of any third party caused by their use of No.1 Fan or any Product purchased through No.1 Fan;
- any loss or damage resulting from your use or the inability to use the No.1 Fan web site or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control;
- any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong;
- any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading No.1 Fan, or from transmissions via emails or attachments received from Fantom or its licensees and affiliates;
- the availability, quality, content or nature of the other sites on the Internet that are owned and operated by third parties ("External Sites") to which No.1 Fan link and web sites located on or through any External Site nor for any transactions involving External Sites (including as to 'cookies', personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web site or transactions;
- all representations, warranties, conditions and other terms which but for this notice would
have effect.
General
- Fantom may change or withdraw any part of No.1 Fan, or may refuse you access to the web site at any time if we consider it necessary.
- Fantom may also terminate this Agreement and immediately remove, cancel or suspend access to and use of No.1 Fan upon breach of any part of these Terms whatsoever.
- Termination shall be without prejudice to Fantom's other rights.
- Fantom acts as principal on its own account and not as agent for you or any other person.
- If Fantom does not enforce any provision of this agreement such will not be considered a continuing waiver.
- In the event that any part of these Terms is held to be unenforceable, such part will at Fantom's option be construed as far as possible to reflect the parties' intentions and the remainder of the provisions will remain in full force and effect.
- These Terms constitute the full agreement between you and Fantom and may only be amended in writing. They apply to the exclusion of all other terms or conditions of contract proposed.
- Since we are principally aiming No.1 Fan at the UK and EU market, we cannot guarantee that it accords with local laws of any other countries (though we will try to make sure it does).
- Use of No.1 Fan and these terms are subject to the laws of England and the jurisdiction of
the English Courts.
Contacting Us
- If you would like help when Ordering, information about a Product, a request for a Product or if you would just like to provide us with feedback on our service, please email us at customerservice@no1fan.co.uk.
- You can also contact us:
- By post at Fantom, PO Box 51871, London, NW2 9BR;
- By fax to 0208 830 7859 ;
- By telephoning 0208 208 8170 between the office hours of 9am and 5:30pm GMT.
Corporate Details
- Fantom Limited
- Registered in England & Wales No: 6701276
- Registered Office: Suite 15, 19 to 21 Crawford Street, London, W1H 1PJ
- VAT No: 941 636 812