T's & C's
This website is operated by Women's Football Merch (we or us), a company registered by a sole trader Helen Hardy in England and Wales. Our registered office is Trafford House, Chester Road, M32
These are the terms and conditions (Terms) under which we sell the products on our website (Products) and will apply to any contract between us for the sale of Products to you. Please read these Terms carefully before you place your order.
These Terms were last updated in January 2022.
1 How we use your personal information
2 Communications between us
2.1 You can contact us by completing the contact form on our website or by writing to us at email@example.com. Please contain as much information as possible in your query.
2.2 If we have to contact you, we will do so using the contact details you provided to us in your order, unless you have asked us to contact you by any other means.
3 Our Products
3.1 The images of the Products on our website and in our other advertising materials are for illustrative purposes only. The Products you purchase and receive may vary slightly from those images. Although we have made every effort to display and print the colours and finish of the Products accurately, we cannot guarantee that your computer's display of the pictures, or the pictures in our other advertising materials, accurately reflect the colours and finish of the Products that will be delivered to you. The packaging of Products may vary from that shown on the images on our website or in our other advertising materials. All our products are purchased from official vendors.
4 Our contract with you
4.1 You may only purchase Products from us if you are legally capable of entering into a binding contract with us (for example, in England and Wales you must be at least 18 years old), and a resident in a country to which we deliver – please see our FAQs page for more information.
4.2 All orders placed via our website are subject to these Terms. By ordering Products through our website, you are deemed to have understood and accepted these Terms.
4.3 We may send you an order acknowledgement email following receipt of your order. This email does not constitute acceptance of your order. Acceptance of your order will only take place when we despatch your order to you, at which point a contract will come into existence between you and us, unless we notify you that we are unable to accept your order in accordance with clause 4.4 below.
4.4 If we are unable to accept your order or we are unable to supply any Products in your order we will inform you of this. If you have already paid for the order, we will refund you for the amount paid for the order or affected Product(s) (as applicable).
5.1 The price of the Products is set out on our website. We take all reasonable care to ensure that the prices of Products on our website are correct. However, it is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. If, before dispatch of a Product, we discover that the Product’s correct price at the date of your order is higher than the price stated on our website when you placed your order, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing with the order at the correct price or cancelling your order. If we accept and process your order where such a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
5.2 All prices are shown in pounds sterling. The price of a Product includes VAT (where applicable) at the relevant current rate chargeable for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
6.1 The accepted payment methods are set out at the bottom of our website.
6.2 We will take payment from your chosen payment method at the time your order is placed.
6.3 If you wish to make payment using a voucher or gift card, it is your responsibility to enter the correct code during the online checkout process. Please note that the use of such vouchers and gift cards may be subject to additional terms and conditions provided with such voucher or gift card.
6.4 If you order Products for delivery to a destination outside the UK, your order may be subject to import duties and taxes which are applied when it reaches the delivery destination. Please note that we have no control over these charges and you will be responsible for payment of any such import duties and taxes
7.1 The costs of delivery, the locations we deliver to, and the estimated delivery times are set out in our FAQs
7.2 Depending on your chosen delivery location and delivery method, you may be required to sign for a delivery or there may be other requirements for accepting delivery. If our delivery partner is unable to deliver the Products, our delivery partner will leave you a note or contact you to inform you how to rearrange delivery or to let you know if the Products will need to be collected from a local depot.
7.3 Where our delivery partner has attempted and failed to deliver the Products to you and you do not re-arrange delivery or collect your Products from the delivery depot where they are being held, in accordance with the instructions provided, the Products may be returned to us by the delivery partner, and we may end the contract with you. If we have to end the contract in these circumstances, we will refund the price you paid for the Products but we may deduct from the refund the delivery charges paid by you for the delivery of the Products to you, and any costs charged to us by our delivery partner for returning the Products to us.
7.4 Delivery of your order shall be complete when we deliver the Products to the address you gave us or to a person identified by you to take delivery of the Products (such as a neighbour) and the Products will be your responsibility from that time.
7.5 You will own the Products once we have received payment in full.
8 Other important terms
8.1 Nothing in these Terms shall affect your rights as a consumer under the applicable law in the jurisdiction in which you reside.
8.2 We may transfer our rights and obligations under any contract with you to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
8.3 The contract is between you and us. No other person shall have any rights to enforce any of its terms.
8.4 These Terms, and any contract between us, are only in the English language. Please note that we may not necessarily keep a copy of these Terms or your order and we would therefore encourage you to retain a copy for your own records.
8.5 Each of the provisions in these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.
8.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
8.7 These Terms are governed by the law of England and Wales. This means a contract for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by the law of England and Wales, except that if you are not resident in England and Wales the laws of England and Wales shall apply only to the extent that they do not override any mandatory laws of the country in which you have your usual place of residence.
8.8 In respect of any dispute or claim relating to a contract, we each submit to the non-exclusive jurisdiction of the courts of England and Wales, but nothing in this clause shall limit your legal rights to bring an action or to require proceedings to take place in the country in which you have your usual place of residence. For example, if you live in Scotland you can bring legal proceedings in respect of your contract in either the Scottish or the English courts.
We may collect, use, store and transfer different kinds of personal data about you, for example when you contact us or when you subscribe to our newsletter, (if you are a Website User) when you visit and use our website, (if you are a Customer) when you purchase products from us.
We want you to know that we don’t sell any of the personal data you share with us or that we collect.
- How to contact us
Womens Football Merch is the “data controller” in respect of your personal data for the purposes of data protection legislation. FOUDYS registered office is Trafford House, Chester Road, Manchester, M32
The person responsible for data protection matters at FOUDYS.com is Helen Hardy and she can be contacted by email at firstname.lastname@example.org
- What data do we collect?
Personal data is any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
Whenever we collect, store, use, disclose or delete your personal data, this is referred to as processing your personal data. As a Website User we will process different kinds of personal data about you. We have grouped these together in different categories below:
- Identitydata – data which identifies you including your name, title, username, gender, date of birth, age, profile photo on the App and any images of yourself which you send to us or upload to the App.
- Contactdata – your contact details such as your delivery address, billing address, telephone number(s) and email address.
- Purchasedata – information concerning the products you have purchased from us, including how frequently you purchase from us, whether you have used any discount or gift card codes or other offers, which products you have purchased and how much you have spent with us.
- Securitydata - for your security, we keep an encrypted record of your login password.
- Customer Servicedata – information relating to your interactions with our customer service team by email, phone or post or by submitting an enquiry form on our website or by reporting an issue on the App. For example, information you provide when you make a general enquiry, ask us for product advice or in the unfortunate case that you need to complain to us.
- Financialdata – data we collect if you purchase a product from us, such as your bank account and payment card details.
- Reviewdata – information you provide to us when you review our products on our website or when you provide feedback to our customer services team.
- Marketingdata – data which we capture when you sign up to receive our newsletter and other marketing communications, including your preferences regarding us contacting you in this way.
- Usagedata – information about how you use our website, including how you navigate our website, which pages you view, the advertisements you click on, any search terms you enter and if you encounter any problems. We also collect details of how you arrive at our website (eg through Google).
- Technicaldata – electronic information which is automatically logged/stored by processing equipment including details of the device(s) you use to access our services, internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website.
- Social Mediadata – data you provide to us directly about your social media accounts or which we have access to when you connect with us or like or follow our social media accounts, including your social media handle, photograph, date of birth, location, occupation, interests and other information and content you make available via your social media accounts.
We do not collect any special category or criminal data about you (such as information about your health, criminal record, race, political opinions, religious beliefs or your sexuality).
4. WHEN DO WE COLLECT YOUR DATA?
Direct interactions: Most of the personal data we hold about you is collected directly from you when you interact with us or correspond with us directly via our website or App, by email or on social media. This includes personal data you provide when you:
- visit our website;
- create an account on our website or App;
- place an order for any of our products;
- subscribe to receive our marketing communications;
- engage with us on social media, such as by following us, liking our posts, commenting on our posts or sending direct messages;
- contact us by any means including filling out an enquiry form on our website or by sending us an email;
- give us feedback;
- comment on or review our products on our website;
- comment on or like our posts in the gallery or newsfeed in the App.
Automated technology: When you visit our website, our systems will automatically collect information about your equipment, browsing actions and patterns. We collect this personal data (namely Technical and Usage data) by using cookies, tracking pixels, server logs and other similar technologies. Please see the section headed “Cookies” below.
Other third parties: We may also receive personal data about you from various third parties as set out below:
- our third party ecommerce website provider (currently Shopify) whose services enable us to process electronic orders and payments for products;
- our third party warehouse provider (currently Synergy Retail Support) who provide stock management and delivery services;
- analytics providers, such as Google Analytics and Omnisend who provide us with Technicaland Usage data;
- advertising networks, such as Google Adwords and Facebook who provide us with Technicaland Usage data; and
- operators of social media platforms, including Facebook, Instagram, Twitter, LinkedIn, YouTube and TikTok, which may be based outside of the UK and EEA.
5. HOW AND WHY WE USE YOUR PERSONAL DATA
We only process your personal data where we have a legal basis to do so. The legal basis will vary depending on the reason we are collecting your personal data. Sometimes we might rely on more than one legal basis when we process your personal data depending on why are using your data. Please contact us at any time if you need more information about how we are using your personal data and which legal basis we are relying on. We have summarised below the legal basis we rely on to use your personal data and examples of how this works in practice:
- Where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract
We will need to process your data when you purchase products from us in order to process and deliver your order including taking payment from you. We are likely to process your Identity, Contact, Purchase, Customer Service and Financial data on this basis.
- Where we have your consent to do so, subject to your right to withdraw consent (further details provided in the section headed “What are your rights over your data" below)
We may send you marketing communications by email if you have subscribed to receiving these communications from us. We use Omnisend to monitor and improve the effectiveness of our marketing communications to make them more suitable for our customers. Omnisend track whether our emails are opened and which features/links recipients click on. Further information on Omnisend can be found at: https://www.omnisend.com.
Please see the section headed “Marketing preferences” for information on how to stop direct marketing communications from us or to change your marketing preferences.
We will also obtain your consent to collect certain Usage and Technical data when we ask you to consent to cookies. Please see the section headed “Cookies” below for more information.
Where we process information on the basis of consent, if at any time you want us to stop processing this information, you can withdraw your consent.
- Where it is necessary to comply with a legal or regulatory obligation that we are subject to
We are subject to legal and regulatory obligations that require us to process your personal data, for example, anti-money laundering obligations and consumer contracts legislation. We are likely to process your Identity, Contact, Purchase, Security, Financial, and Technical data in connection with this purpose.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests
Our legitimate interests in processing your personal data for our own business purposes include the following:
- To promote our products and our business, including via our website and App, via email, and via social media (which may include processing Identity, Contact, Purchase, Customer Service, Review, App, Marketing, Usage, Technicaland Social Media data);
- To personalise our marketing to you to provide you with a better and more engaging experience (which may include processing Identity, Contact, Purchase, Customer Service, Review, App, Marketing, Usage, Technicaland Social Media data);
- To correspond with you concerning your account for our website or App or your purchases, and to respond to your queries, refund requests and complaints (which may include processing Identity, Contact, Purchase, Customer Service, App, Marketing, Usageand Social Media data);
- To conduct our business and operate as a retailer of clothing, to further our business and community interests and operate profitably (which may include processing Identity, Contact, Purchase, Customer Service, Review, App, Marketing, Usage, Technicaland Social Media data);
- To develop and grow our business, improve our products and offerings, our website and App, and our customer service (which may include processing Identity, Contact, Purchase, Customer Service, Review, App, Marketing, Usage, Technicaland Social Media data);
- To process orders for products including managing payments and collecting and recovering money owed to us (which may include processing Identity, Contact, Purchase,Financial, Customer Service, Review,Marketing, Usage and Social Media data);
- To send you survey and feedback requests to help us improve our products and services (which may include processing Identity, Contact, Purchase, Customer Service, Review, App, Marketing, Usageand Social Media data). You may opt out of receiving these requests from us at any time by updating your marketing preferences. Please see the section headed “Marketing preferences” for more information;
- To administer and protect our business, our website, our online store and our App (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (which may include processing Identity, Contact, Purchase, Customer Service, Review, App, Usageand Technical data);
- To create and maintain accurate business records (which may include processing Identity, Contact, Purchase, Customer Service, Review, App, Marketing, Usage, Technicaland Social Media data);
- To protect our business and financial interests and for the purpose of establishing, exercising or defending legal claims (which may include processing Identity, Contact, Purchase, Security, Customer Service, Financial, Review, App, Marketing, Usage, Technicaland Social Media data);
- To ensure our website, online store and App are being used in compliance with relevant terms and conditions (which may include processing Identity, Contact, Purchase, Security, Customer Service, Financial, Review, App, Marketing, Usage, Technicaland Social Media data); and
- For fraud prevention, anti-money laundering, and for the prevention or detection of crime (which may include processing Identity, Contact, Security, Financial, Usageand Technical data).
6. CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we wish to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
We may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
7. IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect personal data from you in order to comply with our legal obligations or to perform a contract we have with you and you fail to provide that data when requested, we may not be able to perform the relevant contract (for example, to deliver your products or process your payment). In this case, we may have to cancel the relevant contract.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. Your personal data is only available to authorised personnel of FOUDYS who need access to the information in order to fulfil their duties. All FOUDYS personnel who have access to your personal data will only process your personal data on our instructions and they shall be subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
Unfortunately, however, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
9. HOW LONG WILL WE KEEP YOUR DATA?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In relation to marketing consents, we may ask for your updated consent from time to time if we have not heard from you in a while to check that you still want to receive our emails. If you decide to opt-out we will keep a record of this alongside your email address or other contact details to ensure that we do not send you marketing communications going forward.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) in order to develop our business methods and strategy or for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
We shall not have any liability whatsoever to you for the deletion of personal data in accordance with our data retention policy.
10. WHO DO WE SHARE YOUR DATA WITH?
We may share your personal data with the following third parties in order to perform a contract with you, comply with a legal or regulatory obligation, in our legitimate interests of conducting our business or where you have consented:
- Third parties who support our website and our App and provide other business systems, such as Shopify and PADOQ;
- Any third party warehouse providers
- Operational companies such as delivery couriers;
- Third party payment providers and ‘buy now, pay later’ finance providers such as Stripe, Klarna, Clearpay and PayPal;
- Our accounting software provider, Xero.
- Data analytics companies such as Google Analytics;
- Marketing and advertising providers such as Omnisend;
- Social media platforms and online search engines, such as Facebook, Instagram, Twitter, LinkedIn, YouTube and TikTok, to show you products that might interest you while you’re browsing the internet and using social media platforms.
- Third parties to whom we may choose to sell, transfer or merge parts of our business or assets. Alternatively, we may seek to acquire other businesses or merge with them.
- Other companies and organisations for the purposes of fraud protection and credit risk reduction, HM Revenue & Customs, the police, regulators and other authorities and public bodies.
- Professional advisers, including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accountancy services.
We require all our data processors to respect the security of your personal data and to treat it in accordance with the law. We do not allow our data processors to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data outside of the UK.
In the case of data processed by Shopify, our ecommerce provider, details of the data transfers which they make outside the UK can be found at: https://help.shopify.com/pdf/cross-border-whitepaper.pdf
12. WHAT ARE YOUR RIGHTS OVER YOUR DATA?
You have certain rights in respect of the personal data that we process about you (where we are the data controller because we determine the purpose and means for which that personal data shall be processed):
- the right to request access to your personal data that we hold and to receive certain information relating to that data;
- the right to ask us to rectify inaccurate data or to complete incomplete data;
- the right to receive or ask for your personal data to be transferred to a third party in a structured, commonly used and machine-readable format (note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you);
- the right to request the erasure of personal data if it is no longer necessary in relation to the purposes for which it was collected or processed or if you have successfully objected to processing (note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request);
- the right to object to how we process your personal data in certain circumstances, including the right to ask us not to process your personal data for marketing purposes;
- the right to restrict processing of your personal data, for example if you want us to establish the accuracy of the data or you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it; and
- where we are processing personal data relating to you on the basis that we have your consent to do so, you may withdraw your consent at any time (this will not affect the lawfulness of any processing carried out before you withdraw your consent). If you withdraw your consent, we may not be able to provide certain products or services to you.
If you wish to exercise any of the other rights set out above, please contact us by email at email@example.com
We may ask you to verify your identity if you make a request to us to exercise any of the rights set out above. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We will try to respond to all legitimate requests. Occasionally, it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
13. MARKETING PREFERENCES
There are several ways you can stop direct marketing communications from us:
- You can click the ‘unsubscribe’ link in any email communication that we send you.
- You can contact us at firstname.lastname@example.org
Please note that you may continue to receive communications for a short period after changing your preferences while our systems are fully updated
15. LINKS TO OTHER WEBSITES
16. HOW TO COMPLAIN
Please let us know if you are unhappy with how we have used your personal data. You can contact us by email at email@example.com
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please do contact us in the first instance and we shall endeavour to resolve your complaint.
17. CHANGES TO YOUR DATA
It is important that the personal data we hold about you is accurate and current. Please let us know if your contact details change during your relationship with us. You have the right to question any information we hold about you that you think is wrong or incomplete. Please contact us if you want to do this.