Tems Of Sale
1.1 We agree to supply you with products on the following terms. These constitute a contract between us and you and must be read together with any other documents explicitly agreed to be part of this contract. Any other terms and conditions contained in any other document are excluded unless their inclusion is expressly agreed in writing.
1.2 In these terms:
1.2.1 "we" and "us" means GS In Style Limited, a company registered in England under number 8538547 and of Unit 7 Birch, Kembrey Park, Swindon, SN2 8UU, United Kingdom; and
1.2.2 the "Products" means the products that you have ordered from us and we have agreed to provide.
2. Sale of the Products
2.1 We will try to deliver all Products ordered as soon as possible usually within 28 days, but delivery time cannot be guaranteed. All Products are subject to availability.
2.2 All prices shown are in pounds sterling and include VAT. Payment must be enclosed with your order.
2.3 You have a right to cancel your order at any time up to seven working days from the day after your receipt of the Products. Please note that this right does not apply to items made to your specification or which are clearly personalised. In the event of cancellation by you, the Products must be returned to us at your expense in good condition with their original packaging and paperwork related to the original sale. You may cancel your order by sending or delivering us a letter, by post, fax or e-mail. We cannot accept oral cancellations unless these are confirmed by any of the methods specified.
2.4 Subject to the immediately following clause, we guarantee that each Product purchased by you from us will be free of any defects rendering it unfit for its purpose or not of satisfactory quality for 12 months from the date of purchase. In the event of a breach of this guarantee, we will repair or replace the Product free of charge, whichever you choose. This does not affect your statutory rights.
2.5 Ownership of the Products remains with us until payment has been received in full.
3.1 Either we or you shall be entitled to terminate this Agreement immediately by written notice to the other if the other commits any material breach of this Agreement and, in the case of a breach capable of remedy, fails to remedy it within 21 days after receipt of a written notice giving full details of the breach and requiring it to be remedied.
3.2 Either of us can also terminate this Agreement if the other is the subject of a bankruptcy order (or the equivalent in any other jurisdiction) or the other becomes insolvent or make any arrangement or composition with, or an assignment for the benefit of, its creditors or if any of its assets are the subject of any form of seizure. If either of us is a company, the other can terminate this contract forthwith if the first party goes into liquidation, either voluntary or compulsory, or if a receiver or administrative receiver or administrator is appointed.
4.1 Nothing in this Agreement shall be construed as restricting or excluding our liability for death or personal injury resulting from our negligence or for fraud.
4.2 Our liability to you under this Agreement shall not exceed the amount paid by you for the Products.
4.3 Subject to the immediately preceding sub-clause, we shall be liable to you in respect of all direct loss or damage caused by our acts or omissions and those of our employees, agents or sub-contractors, other than Excluded Loss. In this clause the expression "Excluded Loss" means all special loss (whether or not the possibility of such loss arising on a particular breach of contract or duty has been brought to our attention at the time of making this contract) and loss of profits, business or anticipated savings, whether incurred directly or indirectly, or any indirect or consequential damage whatever, either in contract, tort (including negligence) or otherwise.
5.1 Any notice required or permitted to be given by either party to the other under this Agreement shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified under this provision to the party giving the notice.
5.2 No waiver or any amendment to these terms shall be effective unless in writing and signed by both you and us.
5.3 A person who is not a party to these terms may not enforce any of them under the Contracts (Rights of Third Parties) Act 1999.
5.4 Each party will not be liable for any breach of this Agreement as a result of any event outside of its reasonable control. Such events may include Acts of God, war, natural disaster or government intervention.
5.5 This Agreement shall be governed by the laws of England and we both agree to submit to the exclusive jurisdiction of the English Courts.