TERMS & CONDITIONS

ACCEPTANCE OF THE TERMS AND CONDITIONS

These are the terms and conditions (“Terms”) which govern your use of this website and any subsequent purchase made through it. This website is owned and operated by Folde and Sonder, with registered office at 30 Lorna Road, Hove, BN3 3EN.

By accessing this website and/or placing an order for products or services, you agree that these Terms will, together with the order, as accepted by us, constitute the whole contract between you and us.

These Terms set out your legal rights and responsibilities; our legal rights and responsibilities; and certain key information required by law.

If you have any queries about these Terms, please email foldeandsonder@gmail.com

You can review the most current version of these Terms at any time by re-visiting this website.

We reserve the right to amend these Terms from time to time to comply with law or to meet our changing business requirements. Any amendments to these Terms will apply to any order placed after the amended Terms come into effect by being posted on this website.

For the purpose of these Terms, ‘we’, ‘us’, ‘our’ means Folde and Sonder and “you” and “your” means you, the individual who is using this website to order products and/or services.

The “Products” means the Folde and Sonder products which may be ordered on this website. The “Services” means the Folde and Sonder treatments such as facials or events which may be booked on this website.

These terms apply if you are dealing with us as a consumer.

You must be 18 years or older to use this website and purchase the Products and/or Services offered on this website.

Access to this website is made available free of charge. The contents of these pages are the copyright of Folde and Sonder. Reproduction of part or all of the contents in any form is prohibited other than with our written permission.

We may suspend, withdraw, discontinue or change all or any part of this website without notice. We will not be liable to you if for any reason this website is unavailable at any time or for any period.

Our internal processes are designed to ensure the accuracy of our website content. We use our best efforts to ensure the correct prices are published and that the description of the Products and Services and their photographic representation is accurate. The images of the Products on this website are illustrative only. Your Products and their packaging may vary slightly from those images. Sometimes our images use props, in these cases, the Product description or list clearly defines what is being advertised for purchase. Where the Product is a collection of many Products, such as our gift ranges, a full list is supplied on this website. Please note, however, that the representation of the Products and Services as produced by your computer monitor may differ from the exact Products and Services due to technical reasons beyond our control.

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

You are responsible to ensure that the personal information which you are required to provide when you register as a customer is accurate, current and complete in all detail. You are also responsible for ensuring that all persons who access this website through your internet connection are aware of these Terms and that they comply with them.

You agree to notify us immediately of any changes to the personal information by contacting foldeandsonder@gmail.com.

The website is set up to guide you through the steps you need to take to place an order with us. You are only able to place an order subject to availability of the Products or Services. Please take the time to read and check your order at each stage of the order process.

When you place an order to buy a Product or Service you offer to buy the Product or Service at the prices indicated including any delivery charges that apply to your purchase.

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

We will confirm our acceptance of your order by sending you an email that confirms that the Products are being dispatched (dispatch confirmation). This is when we will take your payment for the Products. The contract between us will only be formed when we send you the dispatch confirmation.

Treatments must be paid in full at the time of booking. Please retain the email confirmation for proof of payment of your booking and bring the confirmation with you on the day of your booking.

We may contact you to say we cannot accept your order for the following reasons:

a) The Product is not in stock or no longer available; or

b) There has been an error in the price or description on this website.

In the case (a) or (b) above applies, we will inform you of this by e-mail and we will not charge you for the Product. If you have already paid for the Product, we will refund you the full amount as soon as possible, and in any event within 14 days.

PRODUCTS – You have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire at the end of 14 days from the date on which you receive the Products.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by sending a clear statement by email to foldeandsonder@gmail.com before the cancellation period has expired.

TREATMENTS – Where you cancel your booking for a treatment 48 hours prior to the treatment, you will be entitled to a full refund. When a treatment is cancelled with 24 hours prior notice you shall receive 50% refund.

You can cancel your booking by emailing foldeandsonder@gmail.com.

Where the contract is for the sale of Products, title of goods will pass to you at the point we charge your payment card or, when other payment methods are used, funds are credited to our account.

If you would like to return your purchase, you must inform us in writing to foldeandsonder@gmail.com and the Products must be returned within 14 days of you informing us of your decision to cancel the contract. You will be entitled to receive a refund where you return the Products in accordance with the below instructions.

Body and skincare Products must be returned in their original packaging, unused and unopened with the seal intact. We will not accept any return of Products where the seal has been broken.

We will not be responsible for any damage to the Products which is caused by your failure to follow these instructions.

All reimbursement of funds will be processed through our head office and not at any retaileror stores where Folde and Sonder has a presence.

For further information please contact foldeandsonder@gmail.com

If you are unhappy with your purchase or wish to cancel your booking for Services, we do not currently offer the option of an exchange; however you can request a refund. Please see the ‘Returns’ section of these Terms.

Your refund will be credited to the original purchaser’s credit card. Crediting refunds to this account will normally take 14 working days of our receipt of the Products or cancellation notification, but may take up to 30 days depending on our payment processor.

All Products purchased on the website during sale periods can be returned and refunded in accordance with these Terms.

Coupons, discounts and promotional discount codes and offers offered by Folde and Sonder are not applicable to discounted products or discounted bundles.

You can exchange Folde and Sonder gift vouchers for Products and Services on this website only. You cannot exchange gift vouchers for cash and gift vouchers will be valid for 12 months from the date of purchase.

If the Products or Services you purchase in an order total less than the value of the gift vouchers, any balance will remain in credit and you can redeem it against future orders.

You will be required to give the number or code of the gift voucher issued for any purchase activity. We will not accept payment by this method without this information. If your gift voucher becomes accidentally damaged please contact foldeandsonder@gmail.com.

If you have to return Products or Services you have purchased using gift vouchers then we will credit your account against further purchases. In this instance, you will still be entitled to exercise your cancellation rights under consumer law. For more information please see the ‘Returns’ section of these Terms.

Coupons, discounts and promotional discount codes offered by Folde and Sonder are valid only for use as part of a purchase made through our website, unless otherwise stated. Such promotional discounts are not valid for use as part of a purchase of Folde and Sonder products or services at any of our retailers.

Faulty products are considered faulty when damaged during shipment or where they do not conform to the requirements set out in ‘Your Rights’ section of these Terms, specifically where they are broken or damaged (‘not of satisfactory quality’), unusable (‘not fit for purpose’) or not what was advertised or do not meet the description. When your order arrives please inspect it for any damage or defects and notify us promptly by email at foldeandsonder@gmail.com if you believe there is a fault.

You have 30 days from when you received the Product to claim a full refund and up to six months for a replacement Product at no extra cost or a partial refund after the six month period. When possible, we will offer to replace faulty products free of charge to our customers. Please refer to the ‘Returns’ section for more information on how to return your faulty Product. Please visit the Citizens Advice Bureau website at www.adviceguide.org.uk for more detailed information about your rights as a customer.

The price is displayed on this website and includes UK VAT where applicable. As you are purchasing from a UK website all orders delivered to UK addresses include VAT at the prevailing UK rate of 20%.

A separate postage and packaging charge may apply to Products and this will be displayed on the website prior to you confirming your order.

 

PRICE ALTERATIONS:

– Where the Product or Service’s correct price is less than the price stated on this website, we will charge the lower amount.

– If the Product or Service’s correct price is higher than the price stated on this website, we will contact you in writing by e-mail as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product or Service at the correct price or cancelling your order.

If we have not received payment but you have already received the Products, you:

(a) must pay for such goods within 30 days; or

(b) must return them to us as soon as possible. If so, you must keep the Products in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.

If you do not return any Products (such as where you have not paid for them) we may collect the Products from you at your expense. We will try to contact you to let you know if we intend to do this.

We make every effort to ensure that all the information provided on our website is correct at the time of publishing but we make no warranties or representations as to its accuracy. We reserve the right to change any of the information listed on this website without prior notice.

We own the intellectual property rights to this website and material on this website unless otherwise stated. Subject to the licence below, all our intellectual property rights are reserved.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. You may view, download and print pages or other content from the website, provided that:

– You do not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system.

– You do not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit this website or material on our website for a commercial purpose, without our written consent.

The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, that the Products:

(a) are of satisfactory quality;

(b) are fit for purpose;

(c) match the description, sample or model; and

(d) are installed properly (if applicable).

We must provide you with goods that comply with your legal rights set out above.

We will not be liable for any claims, damages and costs, including legal fees, arising out of any misuse of this website by you or any user of your computer equipment, whether authorised by you or not, or any misuse of this website or your Folde and Sonder account information by any other user.

If we fail to comply with these Terms, we are not responsible for loss or damage you suffer that was not foreseeable to you and us when the contract was formed or that was not caused by any breach on our part.

We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not in any way exclude or limit our liability where it would be unlawful to do so or which arises under applicable laws relating to the protection of your personal information. Nothing in these Terms limits our liability to you for:

– Death or personal injury caused by our negligence;

– Fraud or fraudulent misrepresentation;

– For breach of your legal rights in relation to the Products including the right to receive

– Products which are as described and match the description we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable care and skill; and

– Defective products under the Consumer Protection Act 1987.

We may transfer this agreement to another third party. We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these terms. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for Products not yet dispatched or Services not yet carried out.

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

This contract is between you and us. No other person shall have any rights to enforce any terms of this contract.

If any term of this contract is found to be illegal, invalid or unenforceable by a court, the remaining terms will continue in full force and effect. Each of the paragraphs of these terms operates separately. If any paragraph is found to be illegal, invalid or unenforceable by a court, the remaining paragraphs will remain in full force and effect.

If you breach these Terms and we take no action, this does not mean that we have waived our rights against you. You will still have to comply with these terms. Any waiver must be agreed by us in writing.

These terms are governed by English law. This means a contract for the purchase of products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You can bring legal proceedings in respect of the products in the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. We will not file a copy of the contract between us.

Last amended date: 13.02.2024

PRIVACY POLICY

INTRODUCTION

The Folde and Sonder (“Folde and Sonder”, “we”, “us” or “our”) respects your privacy and is committed to protecting your personal data. This privacy policy (the “Policy”) will inform you as to how we look after your personal data when you visit our Folde and Sonder website regardless of where you visit it from and it tells you about your privacy rights and how the law protects you.

This Policy aims to give you information on how Folde and Sonder collects and processes your personal data through your use of our Website, including any data you may provide through our Website when you register, sign up to our newsletter, purchase a product or service or take part in a competition.

Our Website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this Policy together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data.

Our Website uses cookies. Please refer to our Cookie Policy for more information about the cookies we use and the purposes for which we use them.

Amendments and updates to this Policy may be made from time to time. Any revisions will be posted on this page, so you will always be aware of what information we collect and how we use that information. Please review this page regularly so that you are aware of any changes.

For the purposes of data protection laws, Folde and Sonder, whose registered address is at 30 Lorna Road, Hove, BN3 3EN is the controller and responsible for the Website.

If you have any questions about this Policy, including any requests to exercise your legal rights, please contact us using the details set out below:

Email address: foldeandsonder@gmail.com

Postal address: Folde and Sonder, 30 Lorna Road, Hove, BN3 3EN

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information (eg. name or address) changes during your relationship with us so that we can update our records.

“Personal data”, or “personal information”, means 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).

We collect personal data about you when you create an account with us, register or subscribe for one of our services, place an order for a product or service, use our online services, fill in a consultation form, opt-in to receive marketing communications or interact with us in any other way, including but not limited to social media interactions, attending events, entering competitions, signing up for special offers and/or completing surveys. By registering, subscribing, using our products or services or otherwise providing your personal data to us, you consent to the use of your personal data in line with this Policy.

We may collect, use, store and transfer different kinds of personal data about you which may include your name, email address, date of birth, gender, skin type, telephone numbers, billing address, delivery address, bank account and payment card details, shopping history, IP address, shopping preferences, the type of browser you use, your login data, time zone setting and location, browser plug-in types and versions, operating system and platform and any other technology on the devices you use to access the Website, your interests, preferences, feedback and survey responses, your preferences in receiving marketing from us and our third parties and your communication preferences.

We may collect Special Categories of personal data about you, which will include details about your ethnicity and data concerning your health. We do not collect any information about criminal convictions and offences.

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have ordered from us but we will notify you if this is the case at the time.

We will only use your personal data when the law allows us to and for the purposes set out in this Policy. These are:

– When you give your consent

– When necessary for the performance of a contract we have entered into or are entering into with you

– When necessary to comply with a legal or regulatory obligation

– For our legitimate interests or those of a third party, provided that your interests and fundamental rights and freedoms do not override those interests.

We may use your personal data in the provision and administration of the services that you have requested and/or to respond to your queries. Where you don’t provide us with certain information we may be unable to process your order.

We may also use your personal data to meet our legal obligations, to deal with any complaints and for the enforcement of our terms and conditions.

We may use your personal data for our legitimate business interests which include security purposes, improvements to our Website, improvements to our solutions and services and for general marketing purposes. We will not do so though where our interests are outweighed by your interests, rights and freedoms.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We have set out below a description of the ways we plan to use your personal data:

– to register you as a new customer;

– to process and deliver your order including managing payments, fees and charges and collecting and recovering any monies owed to us;

– to deliver the services you have requested;

– to manage our relationship with you which will include notifying you about changes to our terms or privacy policy and/or asking you to leave a review or take a survey;

– to enable you to take part in a prize draw, competition or complete a survey;

– to send you newsletters, to keep you updated on new products or services or to recommend other goods or services that may be of interest to you, to let you know about special offers or promotions and to invite you to our events only where you have given us your consent to receive these communications. For more information on how we may market to you please see the section of this policy called ‘Marketing Communications’;

– to administer and protect our business and our Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data);

– to deliver relevant website content and advertisements to you and measure or understand the effectiveness of that advertising;

– to use data analytics to improve and develop our Website, products/services, marketing, customer relationships and experiences.

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 you would like to have an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact our data privacy manager using the details set out above.

If we need 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.

Please note that 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.

We will only retain your personal data for as long as necessary to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements. Where processing is based on your consent, we shall only process your personal data until such time as you withdraw your consent.

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.

We will take all reasonable steps to ensure that your personal data is treated securely and in accordance with this Policy.

We take reasonable steps to ensure that any third parties hosting our Website and our other services have adequate security measures in place to protect personal data.

When we use your personal data as described in this Policy, this may involve sending your personal data outside the European Economic Area (EEA). We will only transfer your personal data outside the EEA where the organisation receiving the personal data has provided adequate safeguards in accordance with data protection laws. By providing us with your personal data you agree that we may transfer store and process your personal data outside the EEA.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

We will not sell your personal data and generally do not give your personal data to third parties but there are some exceptions. We may share your personal data in the following ways (as appropriate):

– in order to provide any services requested by you which may involve us sharing your personal data with our authorised partners/sub-processors (including but not limited to MailChimp, whose privacy policy is available here, GDPR Addendum here and Cookie Policy here);

– with any actual or prospective seller or buyer of our business and/or any assets. Information held by us about our customers and any users will be one of the transferred assets;

– with our group companies, which means our subsidiaries and holding companies and any subsidiary or holding company of the same;

– in order to comply with any legal obligation or as otherwise permitted by law;

– for debt collection purposes;

– for security purposes or to protect our rights or those of a third party;

– in the conduct or defence of legal claims or in order to enforce our terms and conditions; and

– for the purposes of the prevention or detection of offences, and/or the apprehension or prosecution of offenders, we may share any personal data that we collect with the Police, other public or private sector agencies, governmental or representative bodies in accordance with the relevant legislation. This will include public authorities, insurance companies, finance companies and/or other agencies.

Our purpose for collecting the information is so we can provide you with a service.

The legal basis we rely on for processing your personal data is your consent under article 6(1)(a) of the GDPR.

We may use your personal data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or registered for a promotion. We may also send marketing communications where otherwise permitted under data protection laws. We will not send marketing communications to you where you have opted out of receiving these. For this purpose, we collect your name and email address on our subscription form.

We only use your details to provide you with the above communication.

We gather statistics around email opening and clicks using industry standard technologies, like web beacons, pixels (or “clear gifs”) and other tracking technologies, to help us monitor and improve our communication. Please see MailChimp’s Cookie Policy here for more information.

You will receive a confirmation email once you have submitted your details and then the various marketing campaigns.

We will get your express opt-in consent before we share your personal data with any company outside our group of companies for marketing purposes.

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, we may still contact you in relation to a product/service purchase, warranty registration, product/service experience or other transaction.

We rely on your consent to process the personal data you provide to us for marketing purposes. This means you have the right to withdraw your consent, or to object to the processing of your personal data for this purpose at any time. If at any point you want to withdraw your consent please foldeandsonder@gmail.com. If you do that, we’ll update our records immediately to reflect your wishes.

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. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know and access the same. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Under data protection law you have the following rights in respect of your personal data:

– to request information regarding the personal data that we hold about you and the source(s) of that information. You can request a copy of any personal data we hold about you. This service is usually free of charge, although we have the right to charge a ‘reasonable fee’ in some circumstances;

– to request that we rectify any inaccuracies in relation to the personal data we hold;

– in some circumstances, to request the erasure of your personal data or object to the processing of your data;

– to object to any direct marketing;

– in some circumstances, to request that your personal data be transferred to you or a new provider if the data is processed automatically;

– to withdraw consent to us processing your personal data. This will not affect the processing already carried out with your consent; and

– to lodge a complaint with a supervisory authority. In the UK, this is the Information Commissioner’s Office. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

If you wish to exercise any of the rights set out above, please contact us using the details set out in this policy.

WHAT WE MAY NEED FROM YOU

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to a person who does not have the right to receive it.

TIME LIMIT TO RESPOND

We try to respond to all legitimate requests within one month. 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.

Our Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Website, we encourage you to read the privacy notice of every website you visit.

Last amended date: 13.02.2024