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Welcome to the Gooseberry Fool Store Website Terms & Conditions of Sale. These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this WebWebsite.
www. Gooseberry-fool.com (the Website) is operated by Gooseberry Fool Ltd. (we and us).
The terms contained in this document (Terms & Conditions) apply to all transactions for the purchase of products from the Website. Please read these Terms & Conditions carefully before ordering from the Website. By ordering any products from the Website you are indicating your acceptance to be bound by these Terms & Conditions. They form a legal agreement between you and us and can only be amended with our consent.
We reserve the right to change these Terms & Conditions from time to time without prior notice by changing them on the Website, provided that any such change will not affect any purchases you have made before the change is implemented.
You may place an order to purchase a product advertised for sale on the Website by following the onscreen prompts after clicking on the item you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the “Place Order” button at the Checkout.
All orders placed by you are subject to acceptance by us. We may choose not to accept your order for any reason.
After submitting an order to us, you will be sent an order confirmation email with your order reference and details of the products you have ordered. Please note, this email is an acknowledgement and is not an acceptance of your order. You will also receive a payment acknowledgment email from Sagepay or Paypal.
If your order includes products which are not available from stock, we will contact you by email, phone or fax to ask how you wish to proceed. You will have the option to wait until the products are available from stock, or cancel your order.
Acceptance of your order and the formation of a contract between us will take place when we send you an email confirming that the products you have ordered are being dispatched to you, unless we have notified you that we do not accept your order or you have already cancelled it in accordance with the provisions below (see Cancellations).
Prices and payment
The prices of products advertised for sale on the Website are as set out on the Website. All prices are in pounds (£) sterling, inclusive of VAT (VAT of 20.0% is included where applicable, your invoice will contain a complete VAT-breakdown), but exclusive of delivery charges. Delivery charges, where applicable, are clearly displayed when you view the items you have selected within your basket.
Delivery charges will be automatically calculated and added to your order. Prices and delivery charges displayed are valid and effective only in the United Kingdom. Prices may change at any time prior to (but not after) acceptance of your order. We cannot accept your order until you have paid for it in full. Payment can be made by most major credit or debit cards through Sagepay or Paypal, by completing the relevant details on the checkout page.
By using a credit/debit card to pay for your order, you confirm that the card being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
In the unlikely event that the price of an item has been incorrectly advertised on the Website, we will contact you by email, phone or fax to ask whether you wish to proceed with the order at the correct price. If you are not happy to proceed, or we are unable to obtain your instructions, we will cancel the order. Unless we have already confirmed dispatch of your order, we will not be obliged to supply products at the incorrect price.
Description of products
Each product purchased is sold subject to its product description 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. We cannot confirm the price of product until your order is accepted in accordance with our order acceptance policy (see section ‘Ordering’ above).
For orders placed Monday to Thursday, we endeavour to deliver within 3 days. Orders placed on Friday will be delivered on the 3rd working day.
Orders comprising of more than one item will be delivered in one delivery. If your order includes products which are not available from stock, we will contact you by email, phone or fax to ask how you wish to proceed. You will have the option to wait until the products are available from stock, or cancel your order.
- Orders placed over weekends and bank holidays will be processed the next working day
- We will deliver directly to the address specified in your order
- We cannot deliver items within the same order to multiple addresses
- Certain deliveries may require a signature to confirm receipt
- The precise timing of a delivery cannot be specified
- Deliveries will be made to your door. We are not responsible for any additional carrying or positioning of products ordered
Once delivered, the products ordered will become your property (provided they have been paid for in full) and your responsibility and, except in relation to products that are damaged or faulty when delivered or have been incorrectly delivered, we will not accept any liability for their loss, damage or destruction after they have been delivered.
Postage & Packaging promotions
Whilst standard postage & packaging (P&P) charges are applied to orders, there may be times when we run special P&P promotions.
- Any P&P offer promoted by us is subject to its own unique set of T&Cs.
- We reserve the right to add, alter or remove any promotion at any time
- We reserve the right to use our discretion concerning any promotion at any time
Cancellations and returns
Consumer contracts regulations 2013
Consumer Contracts Regulations 2013
This legislation offers you the following cancellation rights when you buy online or by phone:
- You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods or services
- Your right to return products does not apply to goods made to your specification or that have been clearly personalised.
- If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them
- To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address
- You can cancel by email: email@example.com If you decide to cancel, you should return the goods to us at your cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery)
- We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied.
- Complaints – If we do not resolve your complaint internally to your satisfaction, you can refer it to your local Citizens Advice or an alternative complaints body (such as The Retail Ombudsman (www.theretailombudsman.org.uk)) which is competent to deal with consumer complaints, should you wish to use such a scheme.
If you are not completely happy with any product that you have ordered from us, you may return it to us in its original condition any time within 28 days of the invoice date.
- You can return a product by post to James & James – Gooseberry Fool Ltd. Liliput Road, Brackmills, Northampton, NN4 7DT using the label on the delivery note provided in your original parcel. Please enclose the delivery note provided in your original parcel and complete the relevant sections for refunds/exchanges. Always ask for proof of posting.
- Please note that we cannot be held responsible for any items which fail to reach us or for delays in your exchange/return reaching our warehouse.
- Please note that we are unable to accept the return of swimwear from which the hygiene seal has been removed for hygiene reasons.
- If you return a product under our goodwill returns policy, you will receive a full refund of the price paid for the product and any standard delivery costs you paid.
- We will process your refund and/or exchange within 14 calendar days of receiving the product back.
- If you have purchased products as part of an offer or discount, the amount refunded will be adjusted accordingly to reflect any failure to meet the original requirements for the offer or discount as a result of returning the product.
- Products must be returned in their original condition. We may reduce any refund due to you to reflect any reduction in the value of the product due to how you have handled it.
If any product you purchase is damaged or faulty when delivered to you we may offer an exchange or refund as appropriate, in accordance with your legal rights. If you believe a product is faulty, you should notify us (see How to Contact Us) to arrange for the return of the product (the cost of postage of which we will refund).
Our policy on faulty products does not affect your legal rights.
We understand that you may have concerns about security on the internet. This Website uses a secure server that implements secure sockets layer (SSL) technology in our online ordering process to protect your payment card information.
We recommend that you do not communicate your payment card details to anyone, including us, by email. We cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.
If you have any additional queries about security, please email us at: firstname.lastname@example.org
We will not be liable to you where performance of any of our obligations is prevented or restricted by any circumstance or cause beyond our reasonable control.
You are responsible for the use you make of the products you order. To the extent not prohibited by law, we accept no liability for any loss which is not reasonably foreseeable or for any business loss (which includes loss of profits, contracts, goodwill, opportunity and other similar losses).
Nothing in this section or elsewhere in our Terms & Conditions affects your statutory legal rights.
Gooseberry Fool Ltd. is a company registered in England and Wales. Our company number is 09412356 and our VAT registration number is 463 0619 57.
Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms & Conditions.
If any part of these Terms & Conditions is found to be unenforceable as a matter of law, all other parts of these Terms & Conditions shall be unaffected and shall remain in force.
You and we agree that English law applies to these Terms & Conditions and that any dispute between us arising out of or in connection with these Terms & Conditions will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there. We are required by law to inform you that purchases can be concluded in English only and that no public filing requirements apply.
How to contact us
Please feel free to contact us in any of the following ways:
By email: email@example.com
By writing to us at: Gooseberry Fool Ltd, PO Box 1204, London, BR1 9YP