These Terms and Conditions Of Supply Of Goods ("Terms") were LAST UPDATED on: 23rd January 2015
TO PROTECT YOUR OWN INTERESTS YOU MUST READ AND UNDERSTAND THE FOLLOWING IMPORTANT TERMS BEFORE PURCHASING GOODS FROM OUR WEBSITE.
We are GSM England Retail Limited trading as Element and we own and operate this website ("eu.elementbrand.com").
“We” “us” or “our” means GSM England Retail Limited of Unit 3 Sovereign Court, Round Spinney Industrial Estate, Northampton NN3 8RH whose company registered number is 04544271, which includes our group partner Two Seasons. References to "we" "us" or "our" in these terms also includes our group companies from time to time including GSM (Europe) Pty Ltd (which is registered in France under registered number RCS Dax B 384427290 and TVA FR 91 384 427 290) and which also trades as Billabong, Element and RVCA.
1. The contract between us
1.2 We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form (“the Email Confirmation”). Our acceptance of your order brings into existence a legally binding contract between us (“the Contract”).
1.3When placing an order on the Website, you should take care to ensure that all of the information that you provide to us is correct. Therefore please ensure that you take enough time to read and check your order before submitting it to us. If you need to correct any errors you can do so before submitting it to us.
2.1 The prices payable for goods that you order are as set out in our website.
2.2 You will be required to pay extra for delivery unless otherwise stated and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our Website.
3. Right for you to cancel your contract
3.1You may cancel the Contract with us for the goods that you order at any time up to the end of the fourteenth working day from the date you receive the goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
3.2 You cannot cancel your contract if the goods you have ordered are newspapers or magazines or if you have taken any audio or video recording or computer software out of the sealed package in which it was delivered to you.
3.3 To cancel your contract you must notify us in writing at firstname.lastname@example.org
3.4 If you have received the goods before you cancel the Contract then (unless, under clause 3.2, you do not have a right to cancel) you must send the goods back to our contact address at your own cost and risk within 14 days of cancelling the Contract. If you cancel your Contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.Until you send the goods back to us, you have a legal duty to keep the goods in your possession, to take reasonable care of them and not to use them before you return them to us.
3.5Once you have notified us that you are cancelling your contract, any sum debited to us from your credit or debit card will be credited to the account which you used to pay for the goods without undue delay. If the goods have not yet been despatched to you, your account will be credited within 14 days of you cancelling the Contract. If the goods have been despatched to you, your account will be credited within the time period specified in law which is typically 14 days after we receive the goods back from you.
3.6We will refund the price of the goods and any standard delivery charges paid by you to have them delivered to you. If you are cancelling the Contract and returning the goods because of a defect or because the goods were not as described, we will also refund any reasonable costs that you incur in returning the goods to us.
3.7If you do not pay the full costs of returning the goods to us, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.
3.8 If the value of the goods returned to us is less than it was because you have handled them beyond what is necessary to see the nature, characteristics and functioning of the goods (for example if it goes beyond the sort of handling that might reasonably be allowed in a shop) then we may charge you an appropriate amount and take that amount from what we owe you.
4. Cancellation by us
4.1 We reserve the right to cancel the contract between us if:
4.1.1 we have insufficient stock to deliver the goods you have ordered;
4.1.2 we do not deliver to your area; or
4.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
4.2 If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5. Delivery of goods to you
5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
5.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
5.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
6.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
6.2 If you do not receive the goods ordered within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
6.3 If you notify a problem to us under clauses 6.1 or 6.2 above, our only obligation will be, at your option:
6.3.1 to make good any shortage or non-delivery;
6.3.2 to replace or repair any goods that are damaged or defective; or
6.3.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
6.4 When you buy goods from us under these Terms you have legal rights. These are also known as ‘statutory rights’ as they are derived from laws such as the Sale of Goods Act 1979 (as this Act has been amended from time to time). The law gives you certain legal rights including that the goods are of satisfactory quality, as described, and fit for their purpose. Nothing in these Terms affects these legal rights. Further information on your legal rights can be obtained from your local Citizens’ Advice Bureau (www.citizensadvice.org.uk).
6.5 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.3.3 above.
6.6 Notwithstanding the foregoing, nothing in these Terms is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
6.7 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our Website. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
7. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
Unless otherwise expressly stated in these Terms, all notices from you to us must be in writing and sent to our contact address at 3 Sovereign Court, South Portway Close, Round Spinney, Northampton, NN3 8RH and all notices from us to you will be displayed on our Website from to time.
If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
11. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
12. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
13. Entire agreement