1. Terms of website use and conditions of supply
1.2 This document (together with the documents expressly referred to on it) also tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our site to you.
1.3 These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
2. Other applicable terms
3. Information about us
3.1 Our site is a site operated by Garbstore Trading LLP (we or us). We are registered in England and Wales under limited liability partnership OC323493 and we have our registered office and trading address at 188 Kensington Park Road, Notting Hill, London W11 2ES. Our VAT number is 897 3951 54.
4. Changes to these terms and accessing site
5. Your account and password
5.1 All customers ordering Products on our web site may create an account which includes a password, you must treat such information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com. We have the right to disable any user password for any reason. No account is required if you purchase an item as a guest check out.
6. Intellectual property rights
6.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site but you must not use any part of the content on our site for commercial purposes without our prior consent.
7. Limitation of our liability
7.1 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
7.2 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our site or use of or reliance on any content displayed on our site. We assume no responsibility for the content of websites linked on our site nor any loss or damage that may arise from your use of them.
7.3 Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
8.1 We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
9. Linking to our site and third party links
9.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice.
9.2 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
10. Trade marks
[Garbstore] and [GS] are registered UK trademarks of Garbstore Limited.
11. Our Products
11.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your tablet or computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. The packaging of the Products may also vary from that shown on images on our site.
11.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site may vary slightly depending on the manufacturer.
11.3 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
12. Consumer age and rights
12.1 You may only purchase Products from our site if you are at least 18 years old. You have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
13. How the contract is formed between you and us
13.1 For the steps you need to take to place on order on our site:-
13.1.2 Select/Enter Billing Address;
13.1.3 Select/Enter Shipping Address;
13.1.4 Select Shipping an Options;
13.1.5 Review and place order; and
13.1.6 Enter payment details.
13.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order (Order Receipt). However, please note that receiving your Order Receipt does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.4.
13.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
13.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
14. Our right to vary these terms
14.1 We may revise these Terms from time to time. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us. Whenever we revise these Terms in accordance with this clause 14, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
15. Your consumer right of return and refund
15.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 15.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. However, this cancellation right does not apply in the case of any made-to-measure or custom-made products, products made to your specification or clearly personalised;
15.2 You may cancel a Contract from the date you receive the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 (fourteen) working days in which you may cancel, starting from the day you receive the Products.
15.3 To cancel a Contract, please contact us in writing to tell us by sending an e-mail to firstname.lastname@example.org or please call us on +44 (0) 207229 2178. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you sent us the e-mail or if you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
15.4 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for if the item has not yet been delivered. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 15.3. If you returned the Products to us because they were faulty or mis-described, please see clause 15.6.
15.5 If you have returned the Products to us under this clause 15 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
15.6 We refund you on the credit card or debit card used by you to pay.
15.7 If the Products were delivered to you:
15.7.1 you must return the Products to us as soon as reasonably practicable;
15.7.2 unless the Products are faulty or not as described (in this case, see clause 15.5), you will be responsible for the cost of returning the Products to us;
15.7.3 you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession;
15.7.4 you must return all Products in a good saleable condition; and
15.7.5 when returning the Products you must ensure that where provided, belts and any designer packaging such as dust bags and leather bags should be included with the returned Products.
15.8 Please ensure you retain proof of posting and that the Product is suitably packaged to ensure there is no damage in transit as we cannot be responsible for damage in transit.
15.9 If you are returning the Product from overseas please ensure the package is marked “returns”.
15.10 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
16.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
16.2 Delivery will be completed when we deliver the Products to the address you gave us. The Products will be your responsibility from the completion of delivery. You own the Products once we have received payment in full, including all applicable delivery charges.
17. International delivery
17.1 We deliver to the countries set out at the checkout section (International Delivery Destinations). However there may be restrictions on some Products for certain International Delivery Destinations, so please review the information on in the checkout section carefully before ordering Products.
17.2 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
17.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
18. Price of products and delivery charges
18.1 The prices of the Products (inclusive of VAT) will be as quoted on our site from time to time and exclude delivery charges which will be set out at the checkout stage. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 18.3 for what happens in this event.
18.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
18.3 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that if the Product’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
19.1 Payment for the Products and all applicable delivery charges is in advance. You can only pay for Products using the cards set out at out checkout sections from time to time. We will not dispatch your Products until you have paid for your order.
20. Our liability
20.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
20.2 We only supply the Products for you own 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.
20.3 We do not in any way exclude or limit our liability for death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and defective products under the Consumer Protection Act 1987.
21. Events outside our control
21.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 21.2.
21.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
21.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract we will contact you as soon as reasonably possible to notify you; and our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
22. Communications between us
22.1 To cancel a Contract in accordance with your legal right to do so as set out in clause 15, you must contact us in writing by email or telephone on the details set out below. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you sent us the e-mail. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
22.2 If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post as set out below. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
23. Other important terms
23.1 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise save that 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.
23.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
23.3 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.
Terms are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
We will not file a copy of the Contract between us.
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Post: 188 Kensington Park Road, London, W11 2ES, England
Telephone: +44 (0) 207 229 2178