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1. Information about us and how to contact us
1.1 We are Graham Tyson a trading brand of Taylor-Davis Limited trading as a Cart Site GTonlineshop, which is a company registered in England and Wales. Our company registration number is 00978584 and our registered office is at Moat Works, Moat Road, West Wilts Trading Estate, Westbury, Wiltshire BA13 4JF.
1.2 You can contact us by telephoning our customer service team by writing to us at email@example.com or completing the “Contact us” form on our website.
1.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order or enquiry.
1.4 When we use the words "writing" or "written" in these Terms, this includes emails.
2. Our contract with you
2.1 These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
2.2 Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide Goods to you, how you and we (the Parties) may change or end the Contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
3. Placing an order and its acceptance
3.1 Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods), subject to these Terms.
3.2 Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
3.3 After you place an order, you will receive an email from us acknowledging that we have received it, but this does not constitute acceptance of your order. The order shall only be accepted by us and the Contract formed when:
(a) you have paid for the Goods and monies have been received by us; and
(b) when we send the email to you to accepting your order.
3.4 All orders placed on our website are subject to stock availability and to receipt of payment. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
4. The goods
4.1 The images of the Goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Goods. The colour or size of your Goods may vary slightly from those images.
4.2 The packaging of your Goods may vary from that shown on images on our website.
4.3 All weight and sizes are guides only and are approximate.
4.4 We reserve the right to amend the description of the Goods at any time if required. In the event there are any errors regarding the description of the Goods, we reserve the right to correct that description and notify you accordingly. In these circumstances, it will be deemed that a Contract has not been entered into and you will not be bound to continue with your purchase. We will cancel the order and you will be refunded in full. The price of the Goods will be the extent of our liability to you in the event of these errors.
5. The right to make changes to the Goods
All of our Goods are manufactured by a third party and cannot be modified by us to suit your requirements. The manufacturer may change the Goods to reflect changes in relevant laws and regulatory requirements or implement minor technical adjustments and improvements.
6. Price of goods and delivery charges
6.1 The prices of the Goods will be as quoted on our Website at the time you submit your order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, in the event there are any errors regarding the price of the Goods, we reserve the right to correct that price and notify you accordingly. In these circumstances, it will be deemed that a Contract has not been entered into and you will not be bound to continue with your purchase. We will cancel the order and you will be refunded in full. The price of the Goods will be the extent of our liability to you in the event of these errors.
6.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
6.3 The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK 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 Goods in full before the change in VAT takes effect.
6.4 The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
7. Payment Information
7.1 You can only pay for Goods using a debit card or credit card. We accept most major credit and debit cards, where registered to UK addresses.
7.2 Payment for the Goods and all applicable delivery charges is in advance.
8. Providing the goods.
8.1 We will contact you with an estimated delivery date, which will be outlined in the email to you to confirm our acceptance of your order. Any dates provided are approximate only and we cannot be held liable for costs incurred if delivery is delayed.
8.2 If our supply of the Goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Goods you have paid for but not received.
8.3 We may deliver the Goods by instalments, which shall be paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.
8.4 If no one is available at your address to take delivery and the Goods cannot be posted through your letterbox, we or our third party couriers will either:
(a) leave a note or send an email informing you how to rearrange delivery or collection the Goods from a delivery depot;
(b) deliver the Goods to a neighbour; or
(c) deliver the Goods to an alternative address which you have provided.
8.5 If you do not collect the Goods from us as arranged or, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and clause 12.1 will apply.
8.6 The Goods will be your responsibility from the time we or a third party courier delivers the Goods to the address you provided to us.
8.7 You own the Goods once we have received payment in full.
8.8 We may need certain information from you so that we can supply the Goods to you, for example, your full name, address and a telephone number. We will collect this information as part of the ordering process. If you do not give us this information when requested , or if you give us incomplete or incorrect information, we may either end the Contract (and clause 12.1 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Goods late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
9. International delivery
9.1 We provide international delivery (i.e. delivery outside of the UK) as outlined during the order process.
9.2 The Goods only comply with UK laws, regulations or standards, unless we state otherwise. It is your responsibility to check the Goods comply with any relevant country specific standards.
9.3 The Goods may be subject to import duties and taxes which are applied when the delivery reaches that destination, we do not have control over these charges and cannot predict their amount.
9.4 You will be responsible for payment of any such import duties and taxes you should contact their local customs office for further information before placing an order;
9.5 You must comply with all applicable laws and regulations of the country for which the Goods are destined. We accepts no liability for you breaking any such law.
10. Your rights to end the Contract
10.1 Your rights when you end the Contract will depend on whether there is anything wrong with the Goods, how we are performing and when you decide to end the Contract:
(a) if what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get the Goods replaced or to get some or all of your money back), see clause 13;
(b) if you want to end the Contract because of something we have done or have told you we are going to do, see clause 10.2; or
(c) if you have just changed your mind about the Goods or your order, see clause 10.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Goods.
10.2 If you are ending a Contract for a reason set out at (a) to (d) below, the Contract will end immediately and we will refund you in full for any Goods which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the Goods or these Terms which you do not agree to;
(b) we have told you about an error in the price or description of the Goods you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the Goods may be significantly delayed because of events outside our control; or
(d) you have a legal right to end the Contract because of something we have done wrong (including because we have delivered late).
10.3 How long you have to exercise the right to change your mind (Consumer Contracts Regulations 2013) depends on how the Goods were delivered:
(a) for Goodsordered online or off-premises you have a legal right to change your mind within 14 days and receive a refund. Where you exercise this right you are responsible for the costs for returning the Goods to us; or
(b) where the Goods are delivered in instalments over different days, you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the Goods.
10.4 You do not have a right to change your mind in respect of:
(a) Goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
(b) any Goods which become mixed inseparably with other items after their delivery.
10.5 Even if we are not at fault and you do not have a right to change your mind (see clause 10.1), you can still end the Contract before it is completed, but you may have to pay us compensation. A Contract for Goods is completed when the Goods are delivered and paid for. If you want to end a Contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The Contract will end immediately and we will refund any sums paid by you for Goods not provided, but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of you ending the Contract.
11. How to end the Contract with us (including if you have changed your mind)
11.1 To end the Contract with us, please write to us at firstname.lastname@example.org or complete the “Contact us” form on our website.
11.2 If you end the Contract for any reason after Goods have been dispatched to you or you have received them, you must return them to us. You must post the Goods back to us or (if they are not suitable for posting) allow us to collect them from you. Please call customer services to arrange posting the Goods or collection. If you are exercising your right to change your mind you must send off the Goods within 14 days of telling us you wish to end the Contract.
11.3 We will pay the costs of return:
(a) if the Goods are faulty or misdescribed; or
(b) if you are ending the Contract because we have told you of an upcoming change to the Goods or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
11.4 If you are responsible for the costs of return and we are collecting the Goods from you, we will charge you the direct cost to us of collection.
11.5 We will refund you the price you paid for the Goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
11.6 If you are exercising your right to change your mind:
(a) we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by your handling or use of them in such a way which would not be permitted in a shop (i.e. the Goods have been used and are not in a saleable condition to another customer). If we refund you the price paid before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount at determined by us; and
(b) the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Goods within 3-5 days at one cost but you choose to have the Goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
11.7 We will pay any refunds due to you as soon as possible. If you are exercising your right to change your mind your refund will be made within 28 days from the day on which we receive the returned Goods from you.
12. Our rights to end the Contract
12.1 We may end the Contract for Goods at any time by writing to you if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to deliver the Goods;
(b) you do not, within a reasonable time, allow us to deliver the Goods to you or collect them from us; or
(c) we decide to stop providing the Goods after your order has been accepted.
12.2 If we end the Contract in the situations set out in clause 12.1, we will refund any money you have paid in advance for Goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the Contract.
13. If there is a problem with the Goods
13.1 If you have any questions or complaints about the Goods, please contact us using the details provided in clause 11.1.
13.2 If you wish to exercise your legal rights to reject Goods you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you in accordance with clause 11.2 to clause 11.5.
14. Our responsibility for loss or damage suffered by you
14.1 If we fail to comply with these Terms, we are only responsible for loss or damage you suffer that is foreseeable as a result of our breaking this Contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both of us knew it might happen, for example, if you discussed it with us during the sales process. To confirm, we are not responsible for any loss or damage that is not foreseeable.
14.2 This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Goods including the right to receive Goods which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective Goods under the Consumer Protection Act 1987
15. How we may use your personal information
16. Other important terms
16.1 We may transfer our rights and obligations under these Terms to another organisation.
16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
16.3 This Contract is between you and us. No other person shall have any rights to enforce any of its Terms.
16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.6 These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.