Terms and Conditions of Use
GENERAL
Thank you for using www.georginabywater.co.uk (the “Website”). These Terms and Conditions govern your use of the Website and purchase of goods and services from the Website.
By purchasing any products (the “Goods”) from us and by using this Website you acknowledge that you have read and you agree to be bound by and comply with these Terms and Conditions.
Use of the terms “we”, “us” and “our” means Georgina Bywater of Old Chambers, 93-94 West Street, Farnham, Surrey GU9 7EB who owns and operates www.georginabywater.co.uk. Georgina Bywater is a Sole Trader business.
"Contract" means the contract between you and Georgina Bywater for the sale and purchase of Goods incorporating these Terms and Conditions.
1 CONDITIONS
1.1 Nothing in these Terms and Conditions shall affect your statutory rights as a Consumer (as defined in section 12 of the Unfair Contract Terms Act 1977).
1.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by us to you and shall prevail over any other documentation or communication from you.
1.3 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 us.
1.4 Any complaints should be addressed to us by post at Georgina Bywater, Old Chambers, 93-94 West Street, Farnham, Surrey GU9 7EB, or by email at info@georginabywater.co.uk.
2 ORDERING
2.1 All orders for Goods shall be deemed to be an offer by you to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance us. We may choose not to accept an order for any reason.
2.2 Where the Goods ordered by you are not available from stock, you 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 within 28 days.
3 PRICE AND PAYMENT
3.1 The price of the Goods shall be that stipulated on the Website, except in cases of obvious error. Georgina Bywater is not registered for Value Added Tax (VAT) in the UK and so the price does not include VAT. The price excludes delivery charges. All our prices are quoted in UK pounds.
3.2 The total purchase price, including delivery charges, will be displayed in your shopping basket prior to confirming the order. If you are buying from outside the UK, PayPal will convert your local currency into GB pounds at the relevant Paypal currency exchange rate. Our Web Site provides the option for you to view prices in US Dollars and Euros but these may not match the exact currency exchange rate used by PayPal.
3.3 After the order is received we shall confirm by email the details, description and price for the Goods, together with information on your right to cancel.
3.4 Payment of the price and delivery charges must be made in full before dispatch of the Goods.
4 RIGHTS RESERVED
4.1 We reserve the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. We shall make every effort to ensure prices are correct at the time at which you place an order.
4.2 We reserve the right to withdraw any Goods from the Website at any time.
4.3 We shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
5 DELIVERY
5.1 Goods supplied within the UK (if they are in stock) will normally be dispatched within 3-5 working days of acceptance of your order, otherwise we will advise you of any of any amended delivery time.
5.2 Goods delivered to addresses outside the UK may attract additional local customs duty, excise duty and/or import VAT, for which you will be legally liable.
5.3 Delivery of the Goods shall be made to your address specified in the order and you shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
5.4 Please note that a signature will be needed to receive your Goods. Risk in the Goods shall pass to you upon delivery of the Goods or, where you fail to take delivery at the agreed time, at the time delivery was attempted.
5.5 Title in the Goods shall not pass to you until payment of the price has been made in full.
6 CANCELLATION AND RETURN
6.1 You may cancel the order for any reason up to the point of dispatch and any payments made by you shall be refunded in full within 28 days.
6.2 You must inspect the Goods immediately upon receipt and notify us in writing within 7 days if the Goods are damaged or do not comply with any of the Contract. If you fail to do so, you shall be deemed to have accepted the Goods.
6.3 Where a claim of defect or damage is made, you must return the Goods to us within 28 days of delivery. You shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
6.4 You have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing us in writing within 7 working days of receipt of the Goods.
6.5 For hygiene reasons, we cannot exchange or refund earrings, unless they are defective or faulty.
6.6 You must return the Goods within 28 days of cancellation in the original packaging and should be adequately insured during the return journey. You will receive a refund of all monies paid for the Goods (including delivery charges, if any, and return postal charges). If you fail to return the Goods following cancellation, we shall be entitled to deduct the cost of recovering the Goods from you.
6.7 Goods to be returned must clearly show the order number obtained from us on the package.
6.8 Where returned Goods are found to be damaged owing to your own misuse, you will be liable for the cost of remedying such damage.
7. USE OF THE WEBSITE
7.1 Your access to and use of the Website is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
7.2 The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
7.3 We reserve the right to:
7.3.10 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Georgina Bywater shall not be liable to you for any such change or removal; and
7.3.11 Change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
7.4 The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
7.5 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Georgina Bywater or otherwise used by Georgina Bywater as permitted by law.
7.6 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
7.7 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
7.7 To the extent permitted by law, we will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
7.8 We make no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
7.9 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Georgina Bywater for death or personal injury as a result of the negligence of Georgina Bywater or that of its employees or agents.
7.10 You agree to indemnify and hold Georgina Bywater and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Georgina Bywater arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
8 LIMITATION OF LIABILITY
8.1 Except as may be implied by law, in the event of any breach of these Terms and Conditions by us, your remedies shall be limited to damages which shall in no circumstances exceed the price of the Goods and we shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
8.2 Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or the negligence of our agents or employees.
9 WAIVER
No waiver by us (whether express or implied) in enforcing any of our rights under this contract shall prejudice our rights to do so in the future.
10 FORCE MAJEURE
We shall not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and we shall be entitled to a reasonable extension of our obligations.
11 SEVERANCE
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.
12 CHANGES TO TERMS AND CONDITIONS
We shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by you upon making a purchase.
13 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.
