Terms and Conditions of Sale
Introduction
Welcome to our website. To avoid all misunderstandings, please read these terms and conditions carefully. These terms relate to goods supplied to you through our website and should be read in conjunction with the Terms of Website Use and our Privacy Policy which shall also apply.
You will be asked to expressly agree to these terms and conditions before you place an order for goods from our website.
Interpretation
In these terms of sale, “we” means The Gilded Cabinet (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for goods (and “your” will be construed accordingly).
Order process
Your order is an offer to buy goods from us on our website. There will be no contract of any kind between you and us unless and until we actually dispatch the goods to you. At any point up until then, we may decline to supply the goods to you without giving any reason. All orders are subject to acceptance of your order by us and availability of the goods.
Upon making your order for goods we will send an email confirming receipt of your order. We will take payment for your order by the payment method selected by you. At the moment that the goods are dispatched, a contract will be made between you and us. If we are unable to fulfil your order we will notify you and refund you within 7 working days of doing so.
Price and payment
Prices for our goods are quoted on our website. The website contains a large number of goods and it is always possible that some of the prices on the website may be incorrect. If we discover this to be the case we will notify you and you can decide if you wish to continue with your purchase or cancel your order. We are not obliged to supply you goods at the incorrect price.
In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you order the product and current rates are set out in our Delivery Policy.
We may withhold the goods and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website are quoted in pounds sterling only and include all value added taxes (where applicable).
Payment for all goods must be made by any method detailed on the website from time to time.
We may change the prices for goods and delivery at any time, but changes will not affect existing contracts.
Conformity of Goods
We take every care to ensure that the description and specification of our goods on our website are correct, however they are not intended to be binding and are intended only to give a general description of the goods, including the representation of colour of the goods, which may be affected by such things as your computer software and browsers. If you have specific requirements we recommend that you contact us by telephone.
Your warranties
You warrant to us that:
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b) the information provided in your order is accurate and complete;
(c) you will be able to accept delivery of the products;
(d) you are at least 18 years of age.
Delivery
We will arrange for the products to be delivered to the address for delivery indicated in your order in accordance with our Delivery Policy. We will usually process and dispatch orders within 2-3 working days of receipt of your order but this may increase at busy times of year when orders may take longer to process.
We will use reasonable endeavours to deliver goods on or before the date for delivery set out in our order confirmation. However, this date is indicative only and not guaranteed. We cannot guarantee delivery by the relevant date.
If your delivery address is outside of the UK you may be subject to import duties and taxes, which are levied once a shipment reaches your country. You are responsible for meeting these additional charges if applicable. We recommend you contact your local customs office for further information.
Risk and ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
(a) delivery of the products; and
(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).
We will be entitled to recover payment for the products even where ownership has not passed to you.
Returns Policy
If you are not entirely happy with your purchase you may cancel this contract at any time in accordance with the current Returns Policy.
Your Right To Cancel
You may cancel this contract if you notify us of your intention to cancel within 14 days after the day you received the relevant goods (subject to the limitations set out below). You must give us a written notice of cancellation and return the goods to us in their original condition, with all packaging and labels still intact within 14 days of notifying us of your intention to return the goods. Refunds will be credited back to the card shown on the receipt. You are responsible for the safe return and for the cost of returning items to us and we suggest that you return any items using a recorded delivery service as we cannot refund items broken or lost during return transit.
We are not able or obliged to accept the return of and refund any goods made to your specification or personalised, old furniture or vintage items, or body accessories, skincare or edible products.
If you cancel a contract on this basis and you do not return the goods to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the goods without paying for postage, we are entitled to charge you for that postage.
Statutory rights
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
Refunds
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
Limitations and exclusions of liability
Nothing in these terms of sale will:
(a) limit or exclude the liability of a party for death or personal injury resulting from negligence;
(b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;
(c) limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987;
(d) limit any liability of a party in any way that is not permitted under applicable law; or (e) exclude any liability of a party that may not be excluded under applicable law. Any statutory rights, which you have as a consumer, which cannot be excluded or limited, will not be affected by these terms of sale.
The limitations and exclusions of liability set out in this Section:
- are subject to the preceding paragraph; and
- govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.
We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
General terms
We will treat all your personal information that we collect in connection with your order in accordance with the terms of our Privacy Policy; use of our website will be subject to our Terms of Website Use.
Contracts under these terms and conditions of sale may only be varied by a document signed by both you and us. We may revise these terms of sale from time to time, but such revisions will not affect the terms of any contracts, which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section 12: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of goods from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of goods from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of goods from our website.
These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale. Whilst we are happy to consider orders for goods from outside the United Kingdom, we give no warranty, express or implied, that the placing of any order through this website from outside the UK complies with any applicable non-English laws or regulations. Accordingly any goods not permitted under your local law are not offered to you.
About us
Our full name is The Gilded Cabinet
Our principal trading address is 29 Anstey Road, Alton, Hampshire GU34 2RD.
Our email address is info@thegildedcabinet.co.uk