"Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
"Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
"Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
"Goods" means the articles that the Buyer agrees to buy from the Seller;
"Seller" means Gear for Girls of 31 High Street, Wooler, Northumberland NE71 6BU, UK;
"Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a consumer.
These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund.
When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described as you go along the order process.
4. Price and Payment
The Price of the Goods shall be that stipulated on the Seller's Website. The Price is inclusive of VAT. Delivery charges are itemised separately.
The total purchase price, including VAT and delivery charges will be displayed in the Buyer's order total prior to confirming the order.
After the order is received the Seller shall confirm by email the details, description and price for the Goods. If these differ from the details, description and/or price shown on the Website the Buyer shall be entitled to cancel the order.
Payment of the Price and delivery charges must be made in full before dispatch of the Goods.
5. Rights of Seller
The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
The Seller reserves the right to withdraw any goods from the Website at any time.
The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6. Age of Consent
If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer's purpose.
Goods supplied within the UK will normally be delivered within one to fifteen days of receipt of order depending on the type of delivery chosen. Details of delivery costs and periods for delivery are explained in a separate delivery section.
Goods supplied outside the UK will normally be delivered within ten working days of receipt of order but delivery times will vary for different countries.
The Seller is not able to agree specific delivery dates. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
Delivery of the Goods shall be made to the Buyer's address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
9. Cancellation and Returns
The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by requesting a return through the website www.gearforgirls.co.uk within 7 days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. UK based Buyers shall request and use a Free Returns Label to return the Goods and must retain proof of postage. The Seller is unable to take resposibility for returned Goods if the Buyer fails to retain proof of postage. The Buyer shall be entitled to a full refund (including outward delivery costs) if the Goods are in fact defective. The Seller is not liable for return delivery costs other than the cost of providing the Free Returns Label.
Under the United Kingdom Distance Selling Regulations if you change your mind about a purchase you have the right, in addition to your other rights, to cancel the order by informing us in writing or by email to email@example.com and return any item(s) within a period of 14 working days beginning with the day after the date on which the item was delivered to receive a full refund. The Buyer must retain proof of postage to prove that the Goods have been returned. The Seller is not responsible for returned Goods lost during transit but if there is proof of postage and a reliable return method has been used the Seller will refund goods lost at their discretion. Goods must be returned in new condition, in the original packaging plus labelling and with the Gear for Girls receipt. You will receive a refund of all monies paid for the Goods excluding any service charges such as delivery and free return service or special delivery charges and any other return postal charges provided Goods are returned within a period of 14 working days beginning with the day after the date on which the item was delivered.
Where returned Goods are found to be damaged due to the Buyer's fault the goods will be return to the Buyer without refund or credit.
10. Limitation of Liability
Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever. Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller's agents or employees.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12. Force Majeure
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God such as floods and snow, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
14. Changes to Terms and Conditions
The Seller shall be entitled to change these Terms and Conditions at any time.
15. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.