Garran Lockers Online Terms and Conditions
Welcome to the garran-lockers.co.uk website terms and conditions for use. These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website.
Before you place an order, if you have any questions relating to these terms and conditions please contact us on info@garran-lockers.co.uk or call us on 08456 588 600 during working hours.
Definitions
In these conditions Garran Lockers Ltd is referred to as the “Company” and the person firm or company dealing with Garran shall be “The Customer”. "Conditions" means these terms and conditions and the Special Conditions; "Product" means a product displayed for browsing or sale on the Website; "Personal Information" means the details provided by you on registration; "We/us" means Garran Lockers Ltd; "Website" means the website located at www.garran-lockers.co.uk or any subsequent URL which may replace it;
Use of the website
Registration
You warrant that:
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
Indemnity
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
Our rights
We reserve the right to:
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modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
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change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
Privacy
We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.
When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration with the Data Commissioner's Office. We use your information only for the following purposes:
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Processing your orders;
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For statistical or survey purposes to improve this Website and its services to you;
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To serve website content and advertisements to you;
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To administer this website;
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If you consent, to notify you of products or special offers that may be of interest to you.
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.
Purchase of products
| Description of products
Each Product purchased is sold subject to its Product Description defined on the online store pages and more detailed provided in the product section. We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.
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Orders
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
Contract creation and electronic contracting
The technical steps required to create the contract between you and us are as follows:
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You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website and the payment will be processed by PayPal.
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We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Garran Lockers Ltd.
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As your product is shipped from our warehouse we will send you a despatch confirmation email.
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Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Change or cancel an order.
Non-acceptance of an order may be a result of one of the following:
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The product you ordered being unavailable from stock.
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Our inability to obtain authorisation for your payment.
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The identification of a pricing or product description error.
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The shipment territory is outside the geography covered by our online store see ‘Please Note’ comments on the Store pages.
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You not meeting the eligibility to order criteria set out in the main Terms & Conditions
Delivery
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Delivery shall take place and risk of damage to or loss of goods shall pass to the Customer.
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Delivery dates are estimates only. Time of delivery is not of the essence of the contract. The Company shall endeavour to deliver the goods by the stated delivery date but may suspend or delay delivery and shall not be liable for any loss whatsoever in the event of late delivery or non delivery of goods and instalments. The Customer shall not be entitled to refuse to accept late delivery or treat late delivery as a breach of contract.
Refund/Returns policy
We hope you will be pleased with your purchase. We are unable to offer a refund or exchange on products purchased online unless they are faulty or have been damaged during the transport. The Company shall not be liable for any loss or damage to goods in transit, unless:
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Verbal notification of damaged goods, giving full notice of the loss or damage by the Customer to the Company is made within one day, followed by written notice within three days.
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In the case of goods not delivered notification to be made within seven days of receipt by the Customer of the order acceptance email.
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Goods taken into storage by the Customer and declared to be damaged at a later date will only be replaced at the discretion of the Company.
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The Company’s liability for goods lost or damaged in transit shall in all circumstances be limited to (at the Company’s option) repair or replacement of goods in question or refund of the invoice value of the same.
Refunds can only be made to the original card of purchase.
Damaged or defective goods
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The components of the goods are guaranteed by the Company to the Customer to be free from material defects for twelve months from receipt of same, subject to fair wear and tear but not in any way due to misuse.
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The Customer must notify the Company in writing within 3 days after discovery of any “material defects” and shall permit the Company to inspect the same or, it the Company so requests, the Customer shall at its own expense and risk return the goods to the Company. If the Company accepts the Customers claim the Company refund to the Customer the costs of returning the goods to the Company for inspection.
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The Company’s liability for defective goods is limited in all circumstances to (at the Company s option) repair or delivery of replacements or the refund of the invoice value to the Customer and the Customer shall accept such of the aforementioned remedies as the Company shall proffer as being fulfilment of the Company s obligations under the contract.
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Subject as expressly provided in these Conditions and except where the goods are sold to a person dealing as a consumer, (within the meaning of the Unfair Contract Terms Act 1977) all warranties, conditions or Other terms implied by statute or common law are excluded to fullest extent permitted by law.
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The Company shall not be liable (whether by way of indemnity or by reason of breach of contract, tort or breach of statutory duty) or in any manner for consequential or indirect loss of whatever the nature suffered by the Customer or for special damages, loss of use (whether complete or partial) or loss of profit of any contract.
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Without prejudice to the generality of this clause:
All descriptions and illustrations contained in the Company’s literature, price list or otherwise communicated to the Customer are intended merely to present a general idea of the goods described therein and nothing contained in any of them form any part of the contract for the sale and purchase of the goods.
Notwithstanding that a sample of the goods may have been exhibited to and inspected by the Customer, it is hereby agreed that such sample was so exhibited to and inspected solely to enable the Customer to judge for itself the quality of the goods and not so as to constitute a sale by example. The Company shall take the goods at its own risk as to their corresponding with the said sample or as to their quality, condition or sufficiency for any purpose.
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Nothing in this Condition shall be construed as limiting or excluding the Company’s liability under part 1 of the Consumer Protection Act 1987 or for death or personal injury resulting from its negligence (as defined in section 1 of the Unfair Contract Terms Act 1977).
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Where the goods are sold under a consumer transaction (as defined by the Consumer Transaction (Restrictions on Statement) order 1976) the statutory rights of the Customer are not affected by the Conditions.
Cancellation
You have a right to change or cancel the order within 3 days of placing the order. If you wish to change or cancel an order contact us on info@garran-lockers.co.uk or call us on 08456 588 600 during working hours. Please have the order number and date the order was placed to hand.
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Cancellation of an order in whole or part will subject the Customer to liability for finished or partly finished products, material in process and the Company’s cancellation costs with its suppliers and, at the Company’s discretion, loss of profit by the Company on the contract.
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Cancellation to be made in writing by the Customer, after giving prior notification, stating reasons for said cancellation. The terms would then be discussed with the Customer based on the above Conditions.
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The Customer may not refuse delivery of goods made by the Company, providing the goods comply with Customer’s order. Any goods incorrectly ordered by the Customer, may at the discretion of the Company be collected from the Customer by the Company at a cost of 35% of the goods ordered together with any costs in rectifying any damage that has since occurred.
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Goods returned by the Customer on his own or hired transport will not be accepted by the Company without prior discussion.
Force majeure
The Company shall not be liable to the Customer if it is unable to carry out any provisions of the contract for any reason beyond its control including (but without limitation) Act of God, Legalisation, War, Civil Commotion, Fire, Flood, Drought, failure of power supply, lockup, strike, stoppage or other action by employees or third parties in contemplation or furtherance of any dispute or owing to any inability to procure parts required for the performance of the contract.
Notices
Any notice under these conditions shall be properly given if in writing and sent by first class post, telex or facsimile to the address of the intended recipient as stated in the contract or to such address as the Company and the Customer shall from time to time notify to each other as their respective addresses and shall be deemed served in the case of postal notice on the expiry of 48 hours from the time of posting, in the case of telex, on the recording of the “answer back” code on the sender’s machine and in the case of facsimile on the expiry of 15 minutes from completion of transmission by the sender.
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Court Proceedings
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The Law of England and Wales shall govern the construction and operating of the contract and the Customer agrees to submit to the non exclusive jurisdiction of the Courts of England and Wales.
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Each of these Conditions and each paragraph hereof shall be construed as a separate condition.
Should any provision hereof be found to be invalid or unenforceable or an unreasonable restriction of the Company’s liability then such provision shall apply with such modification as may be necessary to make it valid and effective.
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Contact
The registered company address of Garran Lockers Ltd. is Garran House, Nantgarw Road, Caerphilly, Mid Glamorgan, CF83 1AQ
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