TERMS & CONDITIONS FOR RETAIL CUSTOMERS(“Conditions”)  31 January 2008

 

Scope & Application. These Conditions apply to all purchases of products (“Products”) which are sold through this web site (“Site”) by: Giddygecko.com(references to “GiddyGecko”, “us”, “we” or “our” being construed accordingly) the seller, to (b) you, the purchaser (references to "you" or “your” being construed accordingly). By placing an order on this site you agree to abide by these Conditions. If you are a ‘consumer’ (purchasing outside the scope of your business), then these Conditions do not affect your statutory rights where these cannot be limited or excluded by applicable law.

 

Price and Terms of Payment. We cannot confirm prices prior to acceptance of your order. Prices payable for Products are those in effect at the time of dispatch or delivery, unless otherwise expressly agreed. Prices (unless stated otherwise) are in the currency quoted on the Site and remain valid for 30 days.

 

We reserve the right to notify you of any mistakes in Product descriptions or errors in pricing prior to Product dispatch. In such event if you choose to continue with fulfilment of the order, you acknowledge that the Product will be provided in accordance with such revised description or corrected price.

 

You can order and pay online by MasterCard, Visa, Connect or Delta. After processing your payment by credit card or debit card, we do not retain your details which means you will need to resubmit this information when you place a further order on this website. We will charge credit or debit cards at the time you place your order. We reserve the right to verify credit or debit card payments prior to Acceptance. At shows and events we also accept the above card payments and Also  cheque’s drawn on United Kingdom banks and cash

 

All credit- and charge-card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not confirm acceptance of the order, no contract will be formed, and we will not be liable for any delay or non-delivery.

 

 

 Postage and packing may be an additional charge, for details please  please contact us

 

Product Descriptions . Every care has been taken to ensure accuracy of description, specifications, colour and price of all products. However, these may change due to circumstances beyond our control, and prices may increase or decrease. Sizes are given as a guide only. Please be aware that handmade items are subject to variations in size, colour and shape owing to the unique nature of the product.

 

Offer, Acknowledgment And Acceptance. All items prices, quotations and descriptions made or referred to on the Site are subject to availability. We make every effort to ensure that items appearing on the Site are available, but cannot guarantee this and so we may reject your order (without liability)

 

The information displayed is considered as an invitation, not as a confirmed offer for sale and may be withdrawn or revised at any time prior to our express acceptance of your order. Your order constitutes your offer to us to purchase Products on these Conditions and is subject to our subsequent acceptance. Any acknowledgement of your order by us does not constitute a formal acceptance of your order. The contract is confirmed upon us dispatching your order of Products.

 

If we are unable to process or fulfil your order we will refund any prior payment that you have made for that item. We may keep records of orders received, acknowledgements, acceptances and other contract records for a reasonable period. You must make sure you print a copy of all such documents and these Conditions for your own records.

 

 

Delivery and Risk. We aim to process your order within 48 hours, but please allow up to 14 days. Delivery timescales/dates specified on the Site, are estimates only. We endeavour to meet such timescales/dates, but do not undertake to dispatch Products by a particular date or dates and shall not be liable to you in respect of delays or failure to do so. If we have not delivered the products within 30 days of the date given in our acceptance you may cancel the contract and we will refund any money paid by you – Unless the item is marked as MADE TO ORDER in which case we will have contacted you to confirm an extended delivery date.

 

Delivery shall be to a valid address within the Territory submitted by you and subject to our acceptance (“Delivery Address”). You must check the Delivery Address on any acknowledgement or acceptance we provide and notify us without delay of errors or omissions. We reserve the right to charge you for any extra costs arising from changes you make to the Delivery Address after you submit an order.

 

If you refuse or fail to take delivery of Products provided in accordance with these Conditions, any risk of loss or damage to the Products shall nonetheless pass and without prejudice to any other rights or remedies we have:-

 

• We shall be entitled to immediate payment in full for the Products and either to effect delivery by whatever means we consider appropriate or to store Products at your risk;

 

• You shall be liable to pay on demand all costs of Product storage and any additional costs incurred as a result of such refusal or failure to take delivery;

 

• We shall be entitled 30 days after the agreed date for delivery to dispose of Products in such manner as we determine and may set off any proceeds of sale against any sums due from you.

 

 

Delivery to non-European countries may result in import duties payable on receipt of the goods. You will be liable for these duties. You should contact the local customs office in the relevant jurisdiction for further information on customs policies or duties. If any licence or consent of any government or other authority is required for the acquisition, carriage or use of the Products by you, you

shall obtain such licence or consent at your own expense and if necessary produce evidence to us on demand.

 

Save as otherwise provided in these Conditions, risk of loss of or damage to the Products passes to you on delivery or when placed in your possession or that of any carrier or transport provided by you, whichever shall occur first.

 

Rejection, Damage In Transit. You are responsible for checking Products upon delivery and verifying that they are in satisfactory condition, in accordance with their description and complete. You may at your cost return purchased Products in accordance with these Conditions or any applicable Returns Policy referred to on the Site. Except to the extent required as a result of any mandatory rights you have as a consumer under applicable law or the Giddygecko Guarantee set out below you shall not be entitled to reject the Products in whole or in part.

 

Retention Of Title. Title to Products shall not pass from us to you until payment in full of the price in respect of such Products. We reserve the right (subject to applicable law) to repossess any Products in respect of which payment is overdue, declined or lapses and thereafter to re-sell the same and for this purpose, you hereby grant us an irrevocable right and licence to our servants and agents to enter upon your premises during normal business hours. This Condition shall continue in force notwithstanding termination of the contract howsoever caused.

 

GiddyGecko Guarantee.

UK Customers

If you are not entirely satisfied with any item you receive, or it has been damaged in transit, please contact GiddyGecko to tell us that you wish to return it.  Please return it to us (in its original packaging and with all relevant documentation) within 14 days of receipt. Failure to return an item in pristine condition may prevent us from issuing a full refund.

 

Non UK Customers

If you are returning the item from outside the UK, you must contact us BEFORE returning the item,within 14 days of receipt of the item. The item must then be returned to us within four weeks from the date you contacted us. Failure to return an item in pristine condition may prevent us from issuing a full refund.

 

Once we receive the item(s) in pristine condition, we will issue a refund or replacement(s), whichever is requested and depending upon availability. Failure to return an item in pristine condition may prevent us from issuing a full refund.

 

Refunds will be issued within 30 days of receipt of the returned goods. A refund will be issued for postage paid only when the item is found to be defective or incorrectly supplied from the original order. If you fail to return goods at your expense, GiddyGecko reserves the right to charge the direct costs for their recovery and may offset that amount against any refund due.

 

Please note that when returning an item, the parcel is your responsibility until it reaches us. We recommend that you ask your Post Office for a proof of posting (available free of charge). This guarantee does not affect your statutory rights.

 

If you would like further information regarding the products or delivery options, please  e-mail our sales team  sales@giddygecko.com

 

 

Cooling Off Period. As a consumer, you will have a legal “cooling off period” of up to seven (7) working days after the date of delivery of the Products during which you may cancel your order for any reason without penalty. Such right to cancel terminates if you use the Products and does not apply to Made To Order, bespoke or customised Products made specifically to your order.

 

All cancellation notices must be by email to sales@giddygecko..com. The notice will be treated as given on the day it was delivered  date of email to the above address.

 

If you excercise the above right to cancel, you must take reasonable care of any Product(s) in your possession and (at your cost) either: return them to us (or our authorised representatives) or make them available to be collected (as requested). If you have paid in advance, you will be refunded within 30 days of giving the cancellation notice. This applies in addition to any rights you have under the Giddygecko Guarantee set out on this Site

 

 

Complaint Handling Procedure. Complaints will be dealt with speedily, fairly, and effectively and all information exchanged will be confidential. We guarantee to respond to all complaints within two working days and to notify the customer as to the likely timescale and progress of the solution. Our complaints procedure will be regularly reviewed to make sure it meets with all relevant codes of practice.

 

Personal Information And Your Privacy. We will observe applicable data protection laws and will not use information that does or can be used to personally identify you (“Personal Data”) you other than as set out in our Privacy Statement.set out below. (“Privacy Statement”). By submitting your Personal Data in relation to your order, you consent to such Personal Data being processed to fulfill your order and in accordance with the Privacy Statement.

 

Termination. If you fail to pay any amount by the due date or breach any of these Conditions then, without prejudice to any of our other rights, we may stop any Products in transit; and/or suspend further Product

deliveries; by written notice to terminate your order and all or any other contracts between us and you.

 

Subject to any express provisions to the contrary set out in these Conditions, all terms, conditions, warranties and representations (express or implied by statute, common law or otherwise) are hereby excluded. We shall not be liable for any loss, damage or injury whether resulting from defective material, faulty workmanship, or otherwise howsoever arising and whether or not caused by our or our employees’ or agents’ negligence) except to the extent that  applicable law prohibits exclusions or limitations of liability for intentional torts or gross negligence or other ‘wrongs’.

 

Liability Limitation. To the maximum extent legally permitted, our aggregate liability (whether for negligence, breach of contract, misrepresentation (except, if fraudulent) or otherwise) shall in no circumstances exceed the cost of the defective, damaged or undelivered Products (determined by net price charged to you) in respect of any single occurrence or series of occurrences. Even if advised of the same, we shall not be liable for: special, punitive, incidental, indirect, or consequential damages; or your inability to make orders or loss of income, revenue, profits, contracts, data, goodwill or savings.

 

 

We do not exclude liability for (1) death or personal injury caused by our negligence (or that of our employees or authorised representatives) or (2) fraud. Nothing in these Conditions shall or be construed as limiting or excluding our liability or a manufacturer’s, licensor’s or supplier’s liability to consumers where under mandatory laws applicable in your territory, such liability cannot be excluded or limited by contract.

 

 

Governing Law and Jurisdiction. The Contract will be governed by the laws of England and Wales and the parties to the Contract submit to the exclusive jurisdiction of the English Courts. The language of any dispute resolution procedure or any proceedings will be English.

 

General. You shall not assign, transfer, charge or make over your rights under these Conditions. We shall not be liable to you nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of us being prevented or delayed in the performance by reason of any circumstances beyond our reasonable control and in such event we may elect to cancel your order and refund any payments made.

 

 

You acknowledge that these Conditions supersede and cancel all previous agreements whether oral or written, express or implied, between us and these Conditions prevail over any other terms or conditions contained in or referred to elsewhere or implied by trade, custom or course of dealing to the fullest extent legally permitted.

 

We reserve the right to modify these Conditions without notice. No waiver of any term or condition of these Conditions shall be effective unless made in writing and signed by us. If for any reason any portion of these Conditions is illegal, unenforceable, or invalid under applicable law in the relevant jurisdiction, the remainder of these Conditions (to the fullest extent permitted by law) will continue in full force and effect.

 

 

Privacy Statement. By accessing and using this Site you agree that any personal data( (including contact details such as your name, address, telephone number, email and any other data that may be used to individually identify you  (“Personal Data”) that you submit or make available to us through this Site will be processed in accordance with this Privacy Statement.

 

GiddyGecko.com DOES NOT STORE OR KEEP  CREDIT CARD DETAILS FOLLOWING A TRANSACTION

 

If you do not agree to your Personal Data being used as set out below, do not use this Site

 

Use of your Personal Data. When Personal Data is submitted by you using this Site, you acknowledge that we may collect, store and process such Personal Data for the following purposes:

 

• Dealing with an enquiry submitted by you;

 

• Processing your purchases on the Site

 

• Maintaining our records

 

• Purposes ancillary to the above.

 

Third Parties. GiddyGecko does not sell, rent, or transfer your Personal Data other than to organisations in relation to which we have received your prior express consent.

 

Transfers Overseas. This Site is primarily directed to users within the United Kingdom. GiddyGecko  may transfer your Personal Data within the European Economic Area (EEA). Your Personal Data will not be transferred outside of the EEA unless you expressly consent to such transfer or where this is necessary to in order to fulfill a royalty payment (or other transaction) entered into at your request and on your behalf.

 

 

Contact. If you have any enquiries or issues in relation to this Privacy Statement or use of your Personal Data please contactus by email to sales@giddygecko.com or write to us at

GiddyGecko  crow beach house Braunton  N.Devon Ex332nx UK

 

 

Governing Law. This Privacy Policy is governed by and construed in accordance the laws of England and Wales and in particular the Data Protection Act 1998 and other applicable privacy regulations (as amended, consolidated or re-enacted from time to time).