United Kingdom based company
Terms & Conditions
Last updated: 25/12/2023
SUMMARY
The following Service Agreement sets out the terms and conditions [Ts & Cs] referred to as the Contract between Great Wall Gifts [“we”, “us” and “our”] and the customer [“you”, your”]. When you use our website, you do so on the understanding that you accept and bide by all of the Ts & Cs, parts of which we may change from time to time, so that it is your responsibility to check periodically for these.
Our Ts & Cs apply to all users of our website, including, but not limited to browsers, merchants, customers, so please read these carefully before using our website. It is always advisable if you are unsure about any part of these Ts & Cs, to make direct contact with Great Wall Gifts and we will be only too happy to help.
CLAUSES
1. About us
2. The contract
3. Price & payment terms
4. Delivery & non-delivery process
5. Cancellation
6. Defective goods & warranty
7. Confidentiality
8. Website use
9. Other important disclaimers
10. Force majeur
11. Law & jurisdiction
1. About us
Great Wall Gifts is an e-commerce website which is owned and operated by:
Great Wall Group Ltd
1 Andromeda House
Calleva Park, Aldermaston
Reading
RG7 8AP
Registered in England. Registration No. 11716894
2. The contract
2.1 Once you submit an online request for further information or pricing for any of our products, we will send you a non-binding quotation [quote] which will be valid for 30 days but may be subject to any relevant adjustments by us.
2.2 When you submit a written order and this has been accepted by us, then we will send you an order confirmation by email which means that we have a legally binding contract between us.
2.3 All images on our website serve as examples of our products and therefore are for illustrative purposes only and there may be imperceptible variations in the goods you receive. Every effort has been made by us to format and display the clearest images with the most accurate colours, however we are aware that you may be using a device which may display very slight tonal colour differences to the actual goods themselves.
2.4 We cannot guarantee or be held responsible for the absolute accuracy of information on our website at all times. We will make updates when necessary. You should use the product information on our website as a reference point and we recommend you research other primary and/or secondary sources of product information before making a decision to purchase from us.
2.5 An unbranded sample of a product, if in stock, can be seen and checked by you. You will also receive a free proof of your order and if accepted by you, we cannot accept returns or be held liable for minor colour variations after production.
2.6 This contract is governed by English law [see 11. Law & jurisdiction below].
3. Price & payment terms
3.1 The price for goods excludes VAT. You will be invoiced for the quantity that is delivered to you. There will be a quantity tolerance of + or - 5% for any orders for personalised products - referred to in your order confirmation.
3.2 We provide secure online payment methods and your credit card details are always encrypted during online transactions.
3.3 Promotional or seasonal prices only apply during the period stated.
3.4 We have the right to adjust our prices in the event of any increase in costs which may arise after the contract date and which are out of our control. These may include but are not limited to foreign exchange fluctuations; manufacturing increases [e.g., labour, materials]; changes to specifications, quantity of goods and/or insufficient information or instructions given by you which may affect the delivery date.
3.5 Any price changes will take effect from the time we give you written notice.
3.6 If you open a new account with us and your order is less than £3,000, full payment is required when you receive our order confirmation. Split payment for any order over £3,000 may be considered but only by written agreement.
3.7 If you have an approved account, full payment must be made within 30 days of receiving your invoice, unless any prior payment settlement has been made and agreed to in writing. Any credit is only available at the Director’s discretion.
3.8 If any payment is overdue, we are entitled to charge you interest at the current Bank of England base rate plus 4%. This would commence from the end of the agreed credit period date to the date of actual payment. We would also be entitled to claim any reasonable debt recovery costs. Ownership or title of goods remain with us until full payment together with any other amounts owed are made.
4. Delivery & non-delivery process
4.1 We will give you a lead time and expected date of delivery when we send you the order confirmation. We will also let you know as soon as your order has been dispatched from our warehouse or if there is any delay that we know of. This means that you or someone else is expected to be available to accept delivery.
4.2 During any promotional period, we may offer free delivery limited to one address within the UK, for any given order, however there will be a charge if more than one delivery is needed.
4.3 Your order may take more than one delivery.
4.4 Once an order has been given to a courier or delivery company, we will consider this as delivery by us and therefore any risk of loss or damage to the goods passes either to you or the carrier who will be regarded as your agent.
4.5 We will retain ownership [title] of the goods until we have received full payment from you.
4.6 We will take no responsibility for any failure by a third party which includes courier and delivery companies to complete delivery within a specified timeframe.
4.7 If after one or more attempts to deliver your goods fail, these may be returned to us and we will be entitled to invoice you for any re-delivery.
4.8 You should let us know as soon as possible if your goods have not been delivered or in writing within 72 hours of expected delivery date.
4.9 When delivery is made, please check to make sure of the correct quantity and whether there is any damage. This can be reported to the delivery driver, although we understand that is not always possible or reasonable, so you need to let us know in writing as soon as possible. Please refer to Clause 6.1 Defective goods & warranty for further information to make a claim.
5. Cancellation process
5.1 You are able to make a cancellation of your bespoke order without incurring any charge [apart from administration] provided this is made in writing and is received by us before the production of any part your order has started at the time you send your cancellation.
5.2 If you make a cancellation after the production of any part of your bespoke order has started, we will charge you for the full amount.
5.3 We will charge a minimum administration charge of £30.00 for any cancellation.
5.4 We reserve the right to cancel any order and provide a refund of the cost given in your order confirmation if we believe for any reason during the production process that we may be unable to fulfil your order to meet the highest standard that you deserve.
6. Defective goods & warranty
6.1 When delivery is made, please check your goods to make sure of the correct quantity, that they correspond with the description and whether there are any defects. You should do this in writing as soon as possible, or within 72 hours of delivery. We suggest that you also include good quality digital photographs of any problem area[s] which will help speed up the processing of your claim.
6.2 Your rights as a consumer means that you have the right to repair or replacement if goods are faulty just as most of our goods are covered by a warranty against faulty work and materials and will be subject to the manufacturer’s Ts & Cs.
6.3 If your goods are to be replaced, you will need to return the faulty goods to us and this will be at your own cost. However, we will refund your carriage costs [provided this is reasonable] if we find that the goods are faulty under the manufacturer’s warranty Ts & Cs.
6.4 We are not liable for any misuse of goods other than their intended use and in accordance with product manufacturing instructions.
7. Confidentiality
In accepting our Ts & Cs, you also agree not to disclose, share or use any sensitive, private or confidential company information just as we will agree to ensuring that any personal data provided by you will only be used in accordance with relevant data protection and privacy legislation. Please refer to our Privacy Policy for further information.
8. Website use
8.1 When you use our website, you do so on the understanding that you accept and abide by all of the Ts & Cs. You must also be 18 years or older and have the legal capacity to enter into a legally binding contract.
8.2 You may use our website on the understanding that you will not alter or misuse any information or content that is in breach of copyright or intellectual property rights held by us or our licensors. You must ask for our permission if you wish to reproduce any material either online or offline. Please refer to our Privacy Policy for further information
9. Other important disclaimers
9.1 If we provide any third party links on our websites, this does not constitute any endorsement by us of these third parties, their products or services. Similarly images of any brands or logos on our products are for illustrative purposes only and with no intention to give any branding endorsement or bias.
9.2 We may subcontract any part of the contract to a third party as part of the process to deliver your contract to the highest possible standard.
10. Force majeure
We are not liable if we are unable fulfil our contractual obligations due to any unforeseeable circumstances and unavoidable catastrophes which are outside of our control.
11. Law & jurisdiction
This contract shall be governed by and construed in accordance with English law. Each party to this contract irrevocably agrees that any Legal Notice arising from a dispute will be subject to the exclusive jurisdiction of England and Wales.