Refund policy

 TERMS & CONDITIONS  

FRANKLIN BESPOKE SHOEMAKERS / FRANKLIN FOOTWEAR 

IMPORTANT LEGAL NOTICE 

Franklin Footwear / Franklin Bespoke Shoemakers (“we” “us”) website (our “Site” or “Sites”) and  any goods, documents or services related to it are made available to you in accordance with the  following Terms & Conditions (Ts&Cs) and any other rules posted on our Site, blog or via our  social media channels. Please read our Ts&Cs carefully before placing any orders on  www.franklinfootwear.com or via a representative of our company. 

We recommend that you keep a copy of our Ts&Cs for future reference. 

Please read these conditions carefully. By accessing this Website and/or a representative of our  company and selecting a service or ordering any goods “you”, as the consumer purchasing  goods and services, agree to be bound by these terms and conditions. We reserve the right to  only accept orders from those over 18. Please understand that if you refuse to accept these  conditions, you will not be able to order any goods or book services from the website. Before you place an order, if you have any questions relating to our Ts&Cs, please contact us by  e-mail info@franklinfootwear.com or call us on 01604 800221 

DEFINITIONS 

Bespoke or fully bespoke footwear, insoles, adaptations or orthoses - items made exclusively to  clients specifications.  

Made to order - items made expressly to clients requirements. 

Stock items - items held in stock and not specific to a clients requirements. Conditions – means these terms and conditions 

Product – means a product displayed for sale or a service described on the Website or by a  representative of our company. 

Product Description – means that part of the Website where certain terms and conditions in  respect of the individual Product or Service are provided. 

Users – means the users of the Website collectively. 

Personal Information – means the details provided by you on registration. 

We/us – means Franklin Bespoke Footwear / Franklin Footwear 

Website – means the website located at www.franklinfootwear.com or any subsequent URL which  may replace it 

Cookies – means small text files which our Website places on your computer's hard drive to store  information about your shopping session and to identify your computer 

United Kingdom – means England, Wales, Scotland, Northern Ireland and the Channel Islands You – means a user of this Website or Service 

REGISTRATION & ELIGIBILITY TO PURCHASE 

To use some of the features available to you on the Site you will need to register. When you  register you are 

required to provide information about yourself that is true, current, accurate and complete in all  respects. By registering, placing an order or making a booking through our website, you warrant  that: 

- You are legally capable of entering into binding contracts; and 

- You are at least 18 years old 

- You are not impersonating or misrepresenting your identity; and 

- You are accessing our site from the country where you reside 

- The 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

- You are purchasing goods/booking a service as a consumer. We reserve the right to restrict multiple quantities of an item being shipped to any one customer or postal address. If you wish to purchase any goods for business purposes, then you should contact us at  info@franklinfootwear.com 

- You must notify us immediately of any changes to your Personal Information by email to info@franklinfootwear.com or call us on 01604 800 221

- You notify us of any breach of security or unauthorised use of your account The Site is only available to individuals who meet our terms of eligibility, who have been issued a  valid credit/debit card by a bank acceptable to Our company; whose applications are acceptable  to Our company ; and who have authorised our company 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. 

By making an offer to purchase merchandise, you expressly authorise us to perform credit checks  and where Our company feels necessary, to transmit or obtain 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 authorisation  and to authorise 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. 

INDEMNITY 

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents  and suppliers, harmless immediately on demand, from and against all claims, liability, damages,  losses, costs and expenses, including reasonable legal fees, arising out of any breach of the  Conditions by you or any other liabilities arising out of your use of this Website, or the use by any  other person accessing the Website using your shopping account and/or your Personal  Information. (See section SECURITY & PRIVACY for more information) 

OUR RIGHTS 

We reserve the right to: 

- Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without  notice to you and you confirm that we shall not be liable to you or any third party for any  modification to or withdrawal of the Website 

- Change the Conditions from time to time, and your continued use of the Website (or any part  thereof) following such change shall be deemed to be your acceptance of such change. It is your  responsibility to check regularly to determine whether the Conditions have been changed. If you  do not agree to any change to the Conditions, then you must immediately stop using the Website. 2 

USE OF THE WEBSITE 

NO COMMERCIAL USE 

This Site (including our Blog) 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 or social media channels. 

ACCESS 

You are provided with access to this Website and our Blog in accordance with these Conditions  and any orders placed / bookings made by you must be strictly in accordance with these  Conditions.

THIRD PARTY 

We may include hyperlinks on this Site to other websites or resources operated by parties other  than Franklin Footwear/ Franklin Bespoke Shoemakers. Franklin Footwear has not reviewed all  the sites linked to its Web Site and: 

- Is not responsible for the content or accuracy of any off-site pages 

- Is not responsible for the availability of such external websites or resources - Does not endorse and is 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 

- Is not responsible or liable (directly or indirectly) for any damage, loss, 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 sites or resources. 

REGISTERING 

You may register your details with us. You will only need to do this once, as they will be held in our  customer database in accordance with our own privacy policy. Any further purchases will only  require your username or email address and password to be entered. You will be requested to  enter the delivery details for your order unless they are the same as the billing address.  

OPENING HOURS 

You may place orders online / make bookings at any time; processing will take place during week day working hours. 

The Franklin Footwear workshops, both London and Northampton are available by appointment  only. Please contact info@franklinfootwear.com if you would like to make a bespoke appointment  or to arrange to visit us. 

USING THE ONLINE STORE 

At the checkout you will be invited to review and accept the conditions by ticking the box  alongside the link to our conditions, to place your order. Once you have placed your order you will  be directed to a secure environment where you will be asked for relevant payment details. Once payment is authorised, you will receive an email from us confirming your order, the price of  the goods/service, their availability and the delivery costs. 

Please note that this does not mean that your order has been accepted. Your order constitutes an  offer to us to buy the goods. All orders (whether through the website, by email, telephone or in  person are subject to acceptance by us. We will confirm such acceptance to you by sending a  further email that confirms that the goods have been despatched (the Despatch Confirmation) and  the contract will only be formed when we send you a Despatch Confirmation. The contract will relate only to goods whose despatch we have confirmed in the Despatch  Confirmation. We will not be obliged to supply any other goods that may have been part of your  order until the despatch of such goods has been confirmed in a separate Despatch Confirmation.  Any descriptions or illustrations of the goods do not form part of the contract and any  typographical error or omission in sales literature, quotation, price, email confirmation, invoice or  other document or information issued by us are subject to correction without liability on our part. 

Any advice or recommendation given by us to you as to the storage, application, preparation,  care, adjustment or use of the goods is acted upon entirely at your own risk. 

PRICING POLICY 

All prices and offers remain valid as advertised from time to time. The GBP of a product displayed  on the Site at the time of the order is accepted will be honoured, except in cases of patent error. Customers purchasing from a country served as DDP (Delivered Duty Paid) will incur relevant  import duty and tax. These costs are included in the final purchase price. Customers purchasing  from a country served as DDU will be charged for the items purchased and shipping cost only. 

Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed  to you. We recommend you contact your local customs authority to determine a landed cost price  prior to purchase completion. 

PRICING FOR BESPOKE OR MADE TO ORDER ITEMS 

Pricing for bespoke and/or made to order items will be determined at the time of consultation. 

STOCK AVAILABILITY 

Whilst every effort is taken to ensure all items are in supply, occasionally some items may be  temporarily out of stock. In the event of supply difficulties, we reserve the right to substitute  goods or packaging of equal quality and value. 

Orders can only be accepted subject to availability of the goods in question. In the unlikely event  of an item being unavailable at the time of despatch we will advise you immediately by email  asking if you are happy to wait for the goods to come in, offering you alternative goods or colour  or offering a refund accordingly. 

DESCRIPTION OF PRODUCTS 

Each product purchased / service booked is sold subject to its Description. We will take all  reasonable care to ensure that all details, descriptions and prices appearing on the Website are  correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information - including  Descriptions appearing on this Website at a particular time - may not always reflect the position  exactly at the moment you place an order. 

COLOURS, SHAPES AND SIZES 

Whilst all reasonable care has been taken in producing the online store, we cannot guarantee that  the colour reproduction is an exact match with the goods sent to you. Different displays and  settings mean that slight variations may occur. Whilst we endeavour to be as accurate as  possible, all material sizes quoted are approximate. 

PRICE AND PAYMENT 

All Bespoke or made to order services or products will be invoiced directly to the client and  payment for this should be made via bank transfer or cheque. 

Bespoke and/or made to order items will require a deposit amount, determined at the time of  consultation. At the time of consultation the order will be considered placed. Once placed the  order cannot be cancelled and deposits are non refundable. Upon the final fitting the balance will  fall due and is required prior to delivery of the goods. It is considered that upon the final fitting the  footwear, orthoses and/or adaptations are accepted by the client and should any adjustments  thereafter (where possible) are at the discretion of Franklin Footwear/ Franklin Bespoke  Shoemakers.  

Payment for stock items and/or services on the website can be made by Visa, Mastercard, or by  Bank Transfer. 

We take reasonable care to make our Site secure. All credit/debit card transactions on this site are  processed using secure servers. We do not retain your credit card information. We will carry out  the necessary payment verification processes and we will check your contact details and  availability of the goods/services on receipt of your order. 

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 unauthorised access to any data you provide  when accessing or ordering from the Site. 

If we are unable to supply any goods/services for any reason, we will inform you as soon as  possible offer an alternative or provide you with a refund for those goods within 5 working days.  The price to be paid by you is the price displayed on the website at the time when your order is  received by us except in cases of obvious error. 

If we discover an error in the price of the services, goods or shipping ordered by you, we will  notify you as soon as possible providing you with the option of either reconfirming the order at the  correct price or cancelling the order. If we are unable to contact you for the purpose of this  condition, the order will be deemed cancelled and where you have already made payment for the  goods this will be refunded in full. We are under no obligation to provide goods to you at an  incorrect (lower price) even after we have issued a Despatch Confirmation if the pricing error is  obvious and unmistakable and could have reasonably been recognised by you as miss-pricing. We accept multiple payment methods outlined on our payment page. Only if your payment has  been authorised will your payment account be debited. 

Subject to the other provision of these conditions, we will not be liable to you for any direct,  indirect or consequential loss (all three of which terms include, without limitation, pure economic  loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages,  charges or expenses caused directly or indirectly by any delay of the delivery of the goods (even if  caused by our negligence), nor will any delay entitle you to terminate or rescind the contract  unless such delay exceeds 90 days. 

GIFT CARDS 

Gift cards are valid for 12 months from date of purchase 

Gift cards can be redeemed against all products on the www.franklinfootwear.com site including  ready to wear, made to order and fully bespoke footwear. 

Gift cards are non-transferable and may not be returned or redeemed for cash If your order total is less than the value of the Gift Card, the remaining balance will be held in  account for you and may be redeemed against subsequent orders.  

Please contact us at info@franklinfootwear.com to confirm the amount remaining in balance for  you. 

If your order exceeds the value of the Gift Card, the balance exceeding the value of the Gift Card  must be paid by credit or debit card, bank transfer or cheque. 

We are not responsible if a Gift Card is lost, stolen or used without permission We reserve the right to cancel a Gift Card if it deems such action necessary. Promotion codes and discounts may not be applied to Gift Cards 

Shipping is applicable on any products purchased with a Gift Card 

Shipping is applicable on boxed Gift Cards and Gift Cards posted overseas. 

We also offer a standard returns policy which covers returns or exchange of any unwanted  item(s)., this applies solely to items that are advertised on the website that are considered ‘stock’  and or ‘off the shelf’ items.  

Please note: those items specifically set out in ORDERS & REFUNDS that have been ‘made to  order’ or ‘bespoke’ are not covered.  

HEALTH & SAFETY 

We require that you declare and discuss any medical conditions or health issues with us, prior to  placing and order to include fully bespoke footwear, made to order footwear including adaptations  or orthoses.  

We accept no responsibility for the misuse of any footwear, orthoses or adaptations. It is the  responsibility of the client, care giver or guardian to 

ITEM CONDITION SOLEY FOR THE RETURN OF STOCK ITEMS 

Items should be returned in an unused, re-sellable condition and in the original packaging WITHIN  14 DAYS OF RECEIPT. 

Returns that are damaged, soiled or altered may not be accepted and may be sent back to the  customer.  

Please note there is no provision to return fully bespoke items or made to order items including  footwear, adaptations and orthoses. 

RETURNS & EXCHANGES ON STOCK ITEMS 

REFUNDS 

You will receive a full refund for the value of your order, including the original shipping costs,  within 30 days of receiving your notice of contract cancellation. 

If we do not receive the cancellation order, we will arrange to have it collected from you at your  cost. 

We will refund any money received from you using the same method originally used by you to pay  for the goods. 

Credits for returned goods can only be processed back to the original account used for payment. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the  loss is the 

result of unnecessary handling by you. We will make the reimbursement no later than 14 days  after the day we 

receive back from you any goods supplied. 

CHANGES TO YOUR ORDER 

We’re sorry that in most circumstances it’s not possible to make changes to your order once  you’ve placed it. 

To add products to your order please place a new order for these items 

To change details of the delivery address, remove items from your order or cancel it completely  please contact us for advice on 01604 800 221 email us at info@franklinfootwear.com (to arrange  returns only). If your order has already been placed or delivered, then you will need to return any  unwanted products to us. 

RISK 

The goods will be at your risk from the time of delivery (or deemed delivery). Ownership of the  goods will pass to you when we have received payment for the goods from you in full and the  goods have been delivered to you. 

If for any reason you fail to accept delivery of any of the goods when they are ready for delivery, or  we are unable to deliver the goods on time because you have not provided appropriate  instructions, documents, licenses or authorisations: 

- Risk in the goods will pass to you (including for loss or damage caused by our negligence); - The goods will be deemed to have been delivered; 

- We may store the goods until delivery, whereupon you shall be liable for all related costs and  expenses (including without limitation, storage and insurance). 

- We may deliver the goods to you by separate instalments. Each instalment is a separate  contract and no cancellation or termination of any one contract relating to an instalment shall  entitle you to cancel any other contract or instalment. 

LIABILITY FOR THE PROVISION OF STOCK ITEMS ONLY 

If the goods we deliver are damaged or defective of the delivery is of an incorrect quantity, we  shall have no liability to you unless you notify us by email or in writing at our contact address of  the problem within 14 days of the delivery of the goods in question.

If you do not receive goods ordered by you within 14 days of the date on which you ordered them  and have not been contacted by us explaining a delay, you must notify us by email to  info@franklinfootwear.com or in writing at our registered company address of the problem within  20 days of the date on which you ordered the goods. 

If you notify a problem to us under this condition, our only obligation will be, at your option: - to make good any accepted shortage or non-delivery 

- to replace or repair any goods that are damaged or defective; or 

- to refund to you the amount paid by you for the goods in question in whatever way we choose Save as precluded by law, we will not be liable to you for an indirect or consequential loss,  damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any  problems you notify to us under this condition and we shall have no liability to pay any money to  you by way of compensation other than to refund to you the amount paid by you for the goods in  question under the item above 

Nothing in these conditions is intended to limit any rights you might have as a consumer under  applicable local law or other statutory rights that may not be excluded nor in any way to exclude  or limit our liability to you for any death or personal injury resulting from our negligence or fraud. 

OUT OF STOCK 

Whilst every effort is taken to ensure all items are in supply, some items may be temporarily out of  stock. Orders can only be completed subject to availability of the goods in question. In the  unlikely event of an item being unavailable when we receive your order, we will contact you  immediately by email. We will advise the expected delivery time for the outstanding item(s) so that  you can choose whether to wait, to cancel said item or for us to deliver the items separately. 

EXEMPTIONS 

Your right to return products does not apply to goods made to your specification, that have been  clearly personalised or which by reason of their nature cannot be returned. This includes shoe and  boot lasts; bespoke shoes and boots made to your specifications/measurements; Franklin  Footwear / Franklin Bespoke Shoemakers shoes or boots that have been made to your  specifications/measurements; shoe and boot uppers that have been made to your specifications/ measurements; adaptations to footwear and orthotics/insoles/orthoses. 

PROCESS FOR BESPOKE OR MADE TO ORDER ITEMS 

There shall be no time constraints on the time required from initial consultation to fitting date/s  within this service to provide bespoke or made to order items. There shall be no time constraints  on the time required to finalise the footwear or adaptations including orthoses within this service.  We reserve the right to request the client to attend fitting appointments to our offices after the  initial free of charge domiciliary visit. We reserve the right to cancel the order at any time and  return deposits taken. The item should be used in a matter fitting of the product. We do not  accept any liability in the misuse of the product nor personal damage.  

GENERAL DATA PROTECTION REGULATION (GDPR) 

What information we collect 

When you shop with us, (including registering, booking a service or course), we ask you to input  and will collect personal information from you such as your name, e-mail address, billing address,  delivery address, telephone number, product selections, credit card or other payment information  and a password. This is so that we can fulfil your orders, answer your questions and deliver  excellent customer service. 

We need your agreement. 

If you are happy for us to collect and retain the information as set out below, please email us at  info@franklinfootwear.com with the Subject: Yes, I’m in.

Where we keep your information 

All personal information is held on secure servers (for fulfilment purposes); email contact is  archived in Google mail; online documents are stored in Dropbox; and hard copies of booking  forms, tool and R2W orders and bespoke measurements and consultation notes are kept in a  locked filing cabinet at our business premises. (We are happy that Google and Dropbox provide a  high level of security). 

How long we keep your information 

We retain your physical bespoke measurements for 4 years from your first order; we retain other  personal information for two years including booking forms and clients feet measurements; and  we retain photographs and drawings indefinitely.  

Your rights 

PHISHING 

Phishing is the practice of tricking someone into giving confidential information. Examples include  falsely claiming to be a legitimate company when sending an e-mail to a user, to get the user to  send private information that will be used for identity theft and fraud. 

We'll never ask you to send any personal details via email. If we require such details, for security  reasons we'll ask you to contact us by phone.  

INTELLECTUAL PROPERTY AND RIGHT TO USE 

You acknowledge and agree that all copyright, trademarks, designs and all other intellectual  property and 

material rights relating to Content (including franklinfootwear.com , all HTML and other code  contained in this Site) on our Website and social media feeds remains always vested in us and are  protected by national intellectual property and other laws and international treaty provisions. Your  use of the site and its contents grants you no rights in relation to any copyright, trademarks,  design or other intellectual property and materials rights. 

You are permitted to use the Content only as expressly authorised by Franklin Footwear/ Franklin  Bespoke Footwear and / or its third-party licensors. You agree not to (and agree not to assist or  facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially  exploit or create derivative works of such material and content. 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 the Content for your own personal use. 

COMPLIANCE WITH LAWS 

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply  with all 

applicable laws, statutes and regulations regarding the Website and any transactions conducted  on or through 

the Website. 

These Ts&Cs together with all our policies and procedures will be governed by and construed in  accordance to 

the relevant United Kingdom Law and the relevant courts of the United Kingdom will have  exclusive jurisdiction. 

DISCLAIMER OF LIABILITY 

We take all reasonable effort to verify the accuracy of any information we place on the Website,  but we make no warranties, whether express or implied in relation to its accuracy. The Website is  provided on an "as is" and "as available" basis without any representation or endorsement made  and we make no warranties of any kind, whether express or implied, in relation to the Website, or  any transaction that may be conducted on or through the Website including but not limited to, 

implied warranties of non-infringement, compatibility, security, accuracy, conditions of  completeness, or any implied warranty arising from course of dealing or usage or trade. We make no warranty that the Website will meet your requirements or will be uninterrupted, timely  or error- free, that defects will be corrected, or that the site or the server that makes it available  are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the  Website. We will not be responsible or liable to you for any loss of content or material uploaded or  transmitted through the Website. To the fullest extent permissible under applicable law, we  disclaim any and all warranties of any kind, whether express or implied, in relation to the  Products. This does not affect your statutory rights as a consumer, nor does it affect your  Contract Cancellation Rights. 

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or  other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or  in connection with the Conditions for: any economic losses (including without limitation loss of  revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or  reputation; or any special or indirect losses suffered or incurred by that party arising out of or in  connection with the provisions of any matter under the Conditions. 

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting  from our negligence or that of our servants, agents or employees 

SEVERANCE 

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then  that provision shall be deemed to be severable from the Conditions and shall not affect the  validity and enforceability of any of the remaining provisions of the Conditions. 

SURVIVAL 

Each provision of the Conditions shall be construed as separately applying and surviving even if  for any reason one or other of those provisions is held to be inapplicable or unenforceable in any  circumstances. 

ENTIRE AGREEMENT 

These Ts&Cs govern our relationship with you. You acknowledge and agree that no joint venture,  partnership, employment or agency relationship exists between you and Franklin Footwear/  Franklin Bespoke Shoemakers as a result of the Ts&Cs or your use of the Site. You agree that you  may not and will not hold yourself out as a representative, agent or employee of Franklin Footwear  /Franklin Bespoke Shoemakers and we shall not be liable for any representation, act or omission  on your part. 

NO WAIVER 

If you breach the Ts&Cs 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 Ts&Cs 

CONTACT 

For any queries regarding our service, please contact us as follows: 

info@franklinfootwear.com 

01604 800 221