Welcome to A:R:C.

Your use of our website is governed by our terms and conditions below.

These terms and conditions apply to all products listed on our website arc-forever.com. They explain the obligations and rights that apply to you and us. As such, this agreement becomes legally binding when you order any of our products and you agree to be bound by these terms and conditions.

When we say “A:R:C”, “our”, “us” or “we” in these terms and conditions, we are referring to ARC EUROPE AND WORLDWIDE LTD.

arc-forever.com is a site operated by us.

We are registered in England and Wales and our company registration number is 12908970. Our registered office is located at Milroy House, Sayers Lane, Tenterden, England, TN30 6BW.

Our VAT number is 365 9374 54.

 

1.1 How to contact us

You can contact us by one of the following methods:

Email: info@arc-forever.com

Telephone: +44 (0)1892 577 775

Post: A:R:C, 6 Chalklin Business Park, Longfield Road, Tunbridge Wells, Kent TN2 3UG

 

1.2 How we will contact you

We can contact you via email, telephone or post using the details you register with us when you create an account. It’s important that your contact details are up to date, particularly your email address.

Your order is an offer to A:R:C to purchase the product(s) in your order.  When you place an order, we will send you an email confirming receipt of your order including the details of your order (“order confirmation email”).

The order confirmation email is acknowledgement that we have received your order. It does not confirm acceptance of your offer to buy the product(s) ordered.

We only accept your offer and conclude the contract of sale for a product ordered by you when we dispatch the product to you.  Your contract is with ARC EUROPE AND WORLDWIDE LTD.

A:R:C will provide the product(s) to you in conformity with this contract.

2.1 – The contract will relate only to those product(s) whose dispatch we have confirmed in the dispatch confirmation. We will not be obliged to supply any other product(s) which may have been part of your order until the dispatch of such other products has been confirmed in a separate dispatch confirmation.

2.2 – A:R:C reserve the right to refuse to print or stamp any such personalisation as we consider to be unlawful, libellous, profane or inaccurate (in the case of misuse of titles)

2.3 – By placing an order through our site, you warrant that:

(a) you are legally capable of entering into binding contracts

(b) you are a ‘consumer’ (being an individual purchasing the products outside the course of his or her business or trade)

(c) you are at least 18 years old

Details of our products listed on our website are for your perusal, including photographs. Photographs are for illustrative purposes only. Please note, the appearance of the products may vary as all of our products are handmade and hand finished one piece at a time. Due to this individual process, there may be minor differences and natural imperfections that make each box unique.

4.1 – The price of our products will be as quoted on our site and will be subject to change at our discretion with no prior notice.

4.2 – In rare cases, the price quoted for a product(s) displayed on our site may not be correct. We will aim to rectify any such error(s) as quickly as possible and unless such error has not been identified, will notify you of the correct price before payment is made.

4.3 – These prices include (where applicable) VAT but exclude delivery costs, which will be added to the total amount due as set out on the relevant page of our site.

4.4 – Prices are liable to change at any time, but changes will not affect orders that we have already sent you a dispatch confirmation for.

4.5 – It is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedure(s) so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.

4.6 – We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you a dispatch confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing.

4.7 – If we are not able to accept your order, we will, at our option either not debit your credit or debit card or refund any money paid by you in respect of that order.

4.8 – Payment for all products must be by credit or debit card. We accept payment with Visa, Mastercard, Maestro or Amex. We will not charge your credit or debit card until we dispatch your order. Payment for personalised or bespoke products must be made prior to the commencement of personalisation or production of bespoke pieces.

4.9 – By submitting an order to us through our website you represent and warrant that the payment details provided on your order are valid and correct and that when your order is accepted and processed by us, payment will be made in full.

4.10 – We are not responsible for any charges or other amounts applied by your card issuer or bank as a result of our processing your credit/debit card payment in accordance with your order.

4.11 – For card payments, all credit and debit cardholders may be subject to authorisation and authentication. If the issuer of your payment card or our service provider refuses to or does not, for any reason, authorise or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the product(s) which you have ordered as a result.

4.12 – By providing the relevant information to us, you specifically authorise us to transmit or to obtain information about you from relevant third parties from time to time, including but not limited to your name, address, telephone number, debit or credit card details or credit reports, to authenticate your identity and delivery address for the product(s), validate your payment card and obtain authorisations for your payments for product(s).

You can track the progress of your order at any time by emailing info@arc-forever.com

5.1 – Our delivery policy provides you with all the information you require in respect of the delivery of the products to you. Our delivery policy can be found here. You should read the delivery policy prior to placing your order for the products. If you have any other queries, you can contact our customer services team on:

Email: info@arc-forever.com
Phone: +44 (0)1892 577 775

The team are available to assist you between 8am – 8pm GMT Monday to Friday.

5.2 – We use trusted courier companies for each delivery to ensure your order is with you within the timescales stated in our delivery policy. Whilst we do try to ensure our products reach you in accordance with the timescales in our delivery policy, we cannot guarantee these timescales and will not be liable for any delay in meeting them.

5.3 – To ensure your product reaches you safely, we require a signature upon delivery of the products. Please ensure that you or someone that you trust is available to sign for the products on the date of delivery. Once you (or the person that you trust) has signed for the products, we will no longer be liable for the delivery of the product to you.

5.4 – Your location may impact on the price and time of the delivery of the products to you. To check the delivery time estimates to your location, please check our delivery policy.

6.1 – The products will be at your risk from the time of delivery.

6.2 – Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.

Due to the bespoke and personalised nature of our products, we can only accept returns for damaged or defective items. If for any reason you are dissatisfied with your order, then please contact us to discuss the matter.

We strive to ensure all orders are fulfilled to the highest possible standard. Claims for damaged goods should be made within seven (7) days of the delivery date.

7.1 – When you return a product to us because you claim that the product is defective, we will examine the returned product considering, among other points, whether and to what extent (if any) the product has been worn or used and damaged. As part of our examination, we will email you directly to discuss the product in question and, if appropriate, discuss whether you would prefer a replacement of the product or a refund.

Subject to our agreement that a defect exists, you will be either refunded in full (including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us), or the product in question will be replaced. If you choose to be refunded for the product, we will usually process the refund due to you as soon as possible and, in any case within 30 days of the day we confirmed to you that you were entitled to a refund for the defective product.

Refunds will be made by returning the price paid to the same card originally used by you to pay for your purchase.

The intellectual property rights in all content and software (including photographic images) made available to you on or through this website arc-forever.com remains the property of ARC EUROPE AND WORLDWIDE LTD and are protected by copyright laws around the world.

You are not permitted to publish, manipulate, distribute or otherwise reproduce (in any format) any of the content or copies of the content supplied to you or which appears on this website. Nor are you permitted to use any such content in connection with any business or commercial enterprise.

All such rights are reserved by ARC EUROPE AND WORLDWIDE LTD.

9.1 – We warrant to you that any product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

9.2 – Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

9.3 – Nothing in the contract excludes or limits in any way our liability:

(a) for death or personal injury caused by our negligence
(b) under section 2(3) of the Consumer Protection Act 1987
(c) for fraud or fraudulent misrepresentation or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

9.4 – We are not responsible for losses which happen as a side effect of the main loss or damage, including but not limited to:

(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings or
(e) loss of data

provided that this clause 9.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 9.1 or clause 9.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (e) inclusive of this clause 9.4.

If you order products from our site in GBP (£) or EURO (€), for delivery outside the UK they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. When we contact you, we will always communicate in English.

For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

All notices given by you to us must be given to A:R:C customer service department at 6 Chalklin Business Park, Longfield Road, Tunbridge Wells, Kent TN2 3UG, or by emailing at info@arc-forever.com

We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

13.1 – The contract between you and us is binding on you and us and on our respective successors and assigns.

13.2 – You may not transfer, assign, charge or otherwise dispose of the contract, or any of your rights or obligations arising under it, without our prior written consent.

13.3 – We may transfer, assign, charge, sub-contract or otherwise dispose of the contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

14.1 – We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a “Force Majeure Event”).

14.2 – A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) strikes, lock-outs or other industrial action
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
(e) impossibility of the use of public or private telecommunications networks
(f) the acts, decrees, legislation, regulations or restrictions of any government

14.3 – Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

15.1 – If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

15.2 – A waiver by us of any default shall not constitute a waiver of any subsequent default.

15.3 – No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.

If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

17.1 – We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

17.2 – You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).

Contracts for the purchase of products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

19.1 – These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

19.2 – We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.

19.3 – We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.