Terms & Conditions
Definitions
"Conditions" means these terms and conditions and the Special Conditions; "Product" means a product displayed for sale on the Website; "Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided; "Special Conditions" means the terms and conditions in the Product Description; "Users" means the users of the Website collectively; "Personal Information" means the details provided by you on registration; "We/us" means Gattinetts; "Website" means the website located at www.gattinetts.com or any subsequent URL which may replace it; "United Kingdom" means the mainland UK including England, Wales and Scotland; "You" means a user of this Website.
The Contract
Access
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
Website Registration
You warrant that:
The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
You will notify us immediately of any changes to your Personal Information by contacting our Customer Service department by e-mail, or calling faxing us on 01206 299022.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
Indemnity
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information. You will only be responsible for reasonable losses with the contemplation of the parties at the time that the contract was entered into.
Our Rights
We reserve the right to:
Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
Change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
Third Party Links
To provide added value to Users of our website, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
Ordering
All orders are subject to acceptance in accordance with our Order Acceptance Policy.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
Payment and Taxes
We accept online payment in a secure environment by PayPal. However you do NOT need to open a PayPal account to shop with us! When you go to checkout you have the option of either making an instant payment by credit card through PayPal's secure servers or logging onto your existing PayPal account if you have one.
PayPal currently accepts:
American Express, Mastercard, Visa, Solo, Switch, Delta
All prices quoted on this website are accurate at the time of press and if quoted in pounds sterling include UK sales tax (VAT) at the current rate. The current rate of VAT is 15%.
You may also pay in US Dollars or Euros. If you are logged into the correct web site prices and shipping will show in Dollars, Euros or British Pounds.
All our online orders are carried out through PayPal, one of the largest online payment services available. PayPal's terms and conditions of use provide protection to both you (the customer) and us (Gattinetts).
The PayPal site is highly secure by using industry-leading technology (such as SSL) to keep your information safe.
PayPal automatically encrypts your confidential information in transit from your computer to ours using the Secure Sockets Layer protocol (SSL) with an encryption key length of 128-bits (the highest level commercially available). Before you even register or log in to the PayPal site, our server checks that you're using an approved browser - one that uses SSL 3.0 or higher.
Once your information reaches the PayPal site, it resides on a server that is heavily guarded both physically and electronically. PayPal servers sit behind an electronic firewall and are not directly connected to the Internet, so your private information is available only to authorized computers.
Paying by credit card through the secure PayPal network is the most simple and efficient method of making a purchase from us. However, if you prefer not to use a credit card we can still accept payment in both US dollars and UK pounds.
Cancellation
If you wish to cancel an order, return faulty or not required goods to us then please follow the procedures set out in the returns section.
Conformity of Goods
Each Product purchased is sold subject to its Product Description (if provided) which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order.
Compliance
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Limitation of Liability
This clause is in addition to and does not limit or exclude your statutory rights as a consumer.
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy.
The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products.
This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
* Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
* Any loss of goodwill or reputation; or
* Any special or indirect losses,
suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
You should seek medical advice before using any medical devices available through this website.
Survival and Severance
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable. If any part of the Conditions shall be deemed unlawful, void or unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions. That is unless those Conditions in their entirety are deemed to be unworkable as a result of the removal of that part or provision deemed unlawful, void, inapplicable or unenforceable.
Law
The contract and the conditions shall be deemed to have been concluded in the United Kingdom and shall be governed by the laws of England and you and Gattinetts irrevocably submit to the non-exclusive jurisdiction of the English Courts.
Copyright and Intellectual Rights
You acknowledge and agree that all copyright, trademarks, logos and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by our licensors or us.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.