Terms & Conditions
16 April 2019
In these conditions, unless the context requires otherwise:
‘Buyer’ means the person who registers to buy, buys or agrees to buy the goods from the seller;
‘Condition’ means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the seller.
‘Goods’ means the articles which the buyer agrees to buy from the seller
‘Price’ means the price for the Goods excluding carriage, packing, insurance and VAT
‘Seller’ means Gainsborough Giftware Limited
‘Delivery’ means the Goods having arrived at the specified delivery address on the order confirmation or requested alternative address
‘Delivery Charge’ means the amount calculated for delivery against the order before payment
‘Overseas Delivery Charge’ means the actual cost of delivery overseas such cost to be notified to and agreed by the buyer prior to confirmation of the order
‘Product Description’ means the description of the goods provided on the Sellers website
2. Conditions applicable
- These conditions alone to the exclusion of any terms contained in the Buyer’s documents, shall govern every contract between the Buyer and the Seller. No variation will have any legal affect whatsoever unless agreed in writing and signed by a director of Gainsborough Giftware Limited
- The placing of an order with the Seller shall be deemed as an acceptance of these conditions whether each order be oral or in writing and whether signed or not. Any employee of the named Buyer placing an order with the Seller will be deemed to have the full authority to place said order
3. Price and payment
- Unless otherwise specified VAT and any other tax or duties payable by the Buyer shall be added to the price
- In respect of orders placed online for which the Delivery Charge applies, payment of the Price, Delivery Charge and VAT shall be due at the time of the order being made
- In respect of orders for which Overseas Delivery Charge applies, payment of the Price, Delivery Charge and VAT shall be due within 7 days of the date of the quotation for carriage charges. Time for payment shall be of the essence
- The Seller is not obliged to accept any order with a Goods value of of less than £50 plus VAT.
- In respect of an order for which the delivery address is outside the United Kingdom in addition to the Overseas Delivery Charge applicable, the buyer shall be responsible for all import taxes and levies whatsoever which apply to the supply
- The Seller reserves the right to restrict access to Prices
- Price and availability information is subject to change without notice
- The quantity and description of the Goods shall be as described in the product description
- Goods shall remain the property of the Seller until payment in full by the buyer
- All dimensions are approximate and should any specific information, which is not within the product description, be required the Seller will endeavour to provide this on request
- The multiples in which the Goods are sold are listed within the product description. All prices listed however are per single item, unless stated as priced per set
- Where the product is listed as assorted, the Seller can not guarantee the correct assortment will be available for items priced individually and sold in multiples.
5. Delivery of the Goods
- Delivery of the Goods shall be made to the Buyer’s address
- Delivery dates are given in good faith but are not guaranteed. Such dates are approximate only and not of any contractual effect and the seller shall not incur any liability by reasons of failure to deliver on any particular date or dates
- Any customs charges incurred by the seller during delivery overseas, including import tax to non-EU countries, are to be covered by the buyer. All documentation is correctly supplier on overseas packaging but if any costs are incurred by the seller relating to the import of goods, these costs will be passed onto the buyer
- The Seller shall not be liable for loss of any customs charges, including import tax or duty to non-EU countries, on damaged Goods
- The Buyer shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery
- The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods, or any of them, promptly or at all.
- If the Buyer authorises the courier to deliver to an alternative address, the Seller cannot be held responsible for the goods once they have either left their warehouse or have been delivered to the alternative address
- If the Buyer organises collection of the Goods from the Sellers premises, the Seller cannot be held responsible for the goods once they have left the Sellers premises
- If the Buyer is VAT exempt, the Seller will require the Buyer to provide them with proof of shipping once the goods have been delivered to the final address. The Seller may charge VAT payment with the order initially, which may then be refunded upon receipt of the proof of shipping or once a valid VAT number has been provided.
- If the Buyer requests a change in delivery address after the Buyers order has been despatched from the Seller, an additional delivery charge maybe incurred
- The Buyer shall be deemed to have accepted the Goods 48 Hours after delivery to the Buyer. After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract
6. Back Orders
- Items that are placed on back order will be processed for despatch when the in stock value reaches our minimum order value, the Seller will contact the Buyer to arrange payment before the Goods are despatched. If the Seller is not contactable or does not pay for the Goods within a reasonable time the Seller will at their discretion cancel the Goods and remaining back order and release the stock for general sale
- The Buyer can reserve stock through back orders less than the minimum order value of £50 ex VAT. However the Seller can at their discretion refuse to not despatch orders less than the minimum order value of £50 ex VAT
- The Seller reserves the right to request a non refundable deposit before accepting a back order
- The Seller will calculate the Delivery Charge when the back order in stock value is processed for despatch
7. Returns Policy
- The Buyer must notify the Seller of any loss or damage to the Goods within 48 hours of delivery by providing photos and details using the online credit request function or, where otherwise agreed, by email and the Goods shall be either held by the Buyer for inspection by the Seller, or their duly appointed agents, or returned to the Seller at the express instruction of the Seller. If returned, the Goods must be in their original packaging.
- On occasions, the Seller may require reported damaged / faulty goods to be returned for inspection. No refund or credit will be offered until the Goods have been returned to the Seller.
- The Seller cannot credit or refund returns that the Seller receives in a non-saleable condition or that was never received. The Buyer must retain the original postage receipt in case the Seller requires proof of the return in the unlikely event that the return does not reach the Seller.
- Subject to the Buyers compliance with the returns policy, if the Buyer is returning the Goods at the Sellers request because wrong products were delivered, or because the products delivered were materially different from what was described on the Sellers website when the Buyer purchased the Goods, then the Buyer shall be entitled to a refund of the full product price(s) of the returned product(s) and the cost of return delivery will be covered by the Seller
- The Buyer may request to return Goods to the Seller at the Buyers risk and cost.
- The Buyer must wait for confirmation from the Seller before returning the Goods to the Seller.
8 .Sale or Return / Exchange Policy
- Under no circumstances does the Seller offer a ‘sale or return’ policy or an exchange policy
- If the Buyer wishes to cancel an order the Buyer must inform the Seller by cancelling the order online within the order under 'My Account'
- If the Seller receives the order cancellation instruction before the Goods have been processed by the Seller, the Buyer shall be entitled to a full refund of the total order price
- If the Seller receives the order cancellation instruction after the Goods have been packed and the Goods have not yet left the Sellers premises then the Seller reserves the right to deduct a restocking fee of 25% from the refund
- If the Seller receives the order cancellation instruction after the Goods have been despatched to the Buyer, then the Buyer may no longer cancel the order. However, the Buyer may be entitled to return the Goods to the Seller in accordance with the Sellers returns policy
10. Reservation of Goods
- No Goods are reserved for the Buyer, unless otherwise agreed by the Seller prior to the order being placed
- All design, packaging, text, graphics, the selection and arrangement thereof, all all software compilations, underlaying website source code, software and all other material are copyright of Gainsborough Giftware Limited, its suppliers and affiliates, or their content and technology providers. ALL RIGHTS RESERVED
12. Warranty & Liability
- The Seller shall not be liable to the Buyer for shortages in quantity delivered unless the Buyer notifies the Seller of any claim for short delivery within 48 hours of receipt of the Goods
- The Seller shall not be liable to the Buyer for damage to or loss of the Goods or any part thereof in transit (where the Goods are carried by the Seller’s own transport or by a carrier on behalf of the Seller) unless the Buyer notifies the Seller of any such claim within 48 hours of receipt of the Goods
- The Seller shall not be liable to the Buyer for defects in the Goods caused by any act, neglect or default of the Buyer or of any third party
- Nothing shall exclude the Sellers legal liability for death or personal injury caused by the Sellers negligence or for any other liability which cannot be excluded or limited under applicable law
13. Restricted Access
- The Seller reserves the right to restrict access to areas of the website
- If the Seller provides the Buyer access to restricted areas of the website or other content or services the Buyer must ensure that the login details are kept confidential. The Buyer accepts responsibility for all activities that occur under the Buyers account
- The Seller reserves the right to disable the Buyers access at the Sellers sole discretion
- All transactions are undertaken and conducted under the jurisdiction of English Law and any disputes in connection therewith shall be tried in the Courts of England and Wales
Permission is granted to electronically copy and to print in hard copy portions of any of the Sellers websites for the sole purpose of placing an order with the Seller
Any use of the above stated or in the copyright section, including reproduction for purposes other than those noted above, modification, distribution, or republication without the prior written permission of the Seller is strictly prohibited
To the fullest extent permitted by law, the Seller provides the website and its content on as “as is” basis and make no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this website or the information, content, materials or products included in this website
Except as specifically stated on this website, the fullest extent permitted at law, neither the Seller nor any of it’s affiliates, directors, employees or other representatives will be liable for damages arising our of or in connection with the use of this website or the information, content, materials or products included on this website.