Terms of SALE
THESE TERMS AND CONDITIONS (“TERMS”) SET OUT THE TERMS AND CONDITIONS ON WHICH GAZELLI INTERNATION LIMITED (“GAZELLI”; “WE”; “US”) WITH COMPANY NUMBER 06401786 AND HAVING ITS REGISTERED ADDRESS AT 15 BURY WALK, LONDON, SW3 6QD SHALL SUPPLY YOU WITH ANY OF THE PRODUCTS (“PRODUCT”; “PRODUCTS”) LISTED ON WWW.GAZELLI.COM (“WEBSITE”) TO YOU THE CUSTOMER (“YOU” OR “CUSTOMER”).
PLEASE READ THESE TERMS VERY CAREFULLY BEFORE USING THE WEBSITE AND ORDERING PRODUCTS THROUGH THE WEBSITE. YOU ACKNOWLEDGE THAT BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT CONTINUE WITH YOUR USE OF THE WEBSITE.
1. INFORMATION ABOUT GAZELLI AND THE WEBSITE
1.1. The Website is owned and managed, operated and maintained by GAZELLI INTERNATIONAL LIMITED. The Website specialises in the sale of skincare products (“Products”).
1.2. Gazelli shall be entitled at its own discretion to suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any such suspension or unavailability of the Website.
1.3. Gazelli reserves the right to make any changes to the Website including any functionalities and content therein or to discontinue any of the features of the Website without notice.
1.4. Gazelli can be contacted via the “Contact Us” page: http://www.gazelliskincare.com/contact/.
2. PRELIMINARY INFORMATION
2.1. By using the Website, you warrant that:
2.1.1. you are legally capable of entering into binding contracts;
2.1.2. you are not in any way prohibited by the applicable law in the jurisdiction in which you are currently located to enter into these Terms; and
2.1.3. if an individual, you are at least 18 years old. If you are under the age of 18, you should ask a parent or guardian over the age of 18 to enter into these Terms on your behalf. As a parent or guardian of someone under the age of 18, you are responsible for ensuring that person’s use of the Website and/or Services is in accordance with these Terms.
3.1 In order to purchase any of the Products from the Website, you shall be required to either checkout as a guest (“Guest”) or become a registered user of the Website (“Registered User”) by completing and submitting the online registration form on the Website. By applying to be a Registered User, you consent to Gazelli conducting verification and security procedures in respect of the information provided in the registration form. Subject to clause 1.2 above, as a Registered User you may be able to access additional features of the Website, including without limitation the opportunity to view records of previous orders you have placed, amend your existing password, and save postal addresses for future orders.
3.2 As a Registered User, you agree to keep your username and password (“Login Details“) confidential and secure, not use your Login Details with the intent of impersonating another person, not allow any other person to use your Login Details and promptly notify Us in the event there is a breach of security or any unauthorised use of your Login Details.
4. PLACING AN ORDER
4.1. In order to purchase any of the Products from the Website, you shall be required to add the Products you wish to purchase to your online basket, proceed to the checkout and complete the online form (“Order Form”) made available to you on the Website.
4.2. Upon completion of the Order Form you will be directed to our online payment facility in order to make payment for the Products. Such payment will result in you having placed an order (“Order”) for the Products.
4.3. By placing an Order, you consent to Gazelli conducting verification and security procedures in respect of the information provided in the Order Form.
4.4. You hereby warrant that the information provided to Gazelli is true, accurate and correct. You further warrant that you shall promptly notify Gazelli in the event of any changes to such information.
4.5. All Products shown on the Website are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and We will not process your Order if made.
5. FORMATION OF CONTRACT
5.1. After placing an Order, you will receive an e-mail from Us acknowledging that We have received your Order (“Order Confirmation Email”). Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to Us to buy a Product. All Orders are subject to acceptance by Us, and We will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (“Dispatch Confirmation”). The contract between Us will only be formed when We send you the Dispatch Confirmation (“Contract”).
5.2. The Contract will relate only to those Products whose dispatch We have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your Order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
6. PRICE AND PAYMENTS
6.1. The price of the Products will be as quoted on our Website from time to time, except in cases of obvious error (“Price”).
6.2. Unless otherwise expressly set out to the contrary, the Price quoted on the Website shall be inclusive of applicable value added taxes.
6.3. Due to the nature of the business, you acknowledge and agree that the Price may be subject to change and variation from time to time subject always that any changes in the Price shall not be applicable to you once you have submitted your Order with Gazelli.
6.4. Gazelli shall use its reasonable endeavours to ensure that the Prices for the Products on the Website are accurate and correct at all times. However, you acknowledge and accept that such Products may at times be incorrectly priced. Where there is a discrepancy between the actual Price and the advertised Price, Gazelli shall inform you of the actual Price of the Product. Thereafter, you shall have the option of proceeding with your Order in consideration for the actual Price or cancelling your Order with Gazelli.
6.5. You may pay for your Order using one of the methods of payment as specified on the Website. Gazelli reserves the right not to process your Order if Gazelli has not received payment of the Price and any other additional charges, including without limitation any applicable taxes and delivery charges.
6.6. For your information, We may use third party payment handlers to process your payment and you agree that you have given Us permission to do so by complying with the terms herein.
7.1. Any additional delivery charges are as set out on the Website and are addition to the Price. The additional charges for your Order will depend upon the size and type of Products ordered and your chosen method of delivery and will be confirmed at the ‘checkout’ before you place your Order.
7.2. Gazelli aims to deliver your Order to you, subject to the provisions set out herein, within the time frames specified on the Website and in any event within 30 days of the date the Order was accepted. Please notify us as soon as possible in writing if you do not receive your Products within the time frames specified on the Website.
7.3. We will not be responsible for delays outside of our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Products you have paid for but not received.
7.4. Gazelli will deliver your Product(s) to you by post or by a third party courier and you agree that you have given Us permission to do so by complying with the terms herein.
7.5. You shall become the owner of the Products on dispatch of such Products by Gazelli, provided always that Gazelli has received payment of the Price and all other related charges in full.
7.6. Brexit & International Orders – Please note that, post-Brexit, we will continue to dispatch to Europe via Royal Mail International delivery, though customers will be liable for any duties and taxes charged.
8. CANCELLATION RIGHTS AND RETURNS
8.1. You can always end your contract with us. If for any reason you are not happy with the Products, please let Us know by contacting us using the contact details below. Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it and when you decide to end the Contract:
8.1.1. If what you have bought is faulty or misdescribed you have may have the legal right to end the Contract, or to get the Product repaired or replaced, as further set out in Clause 10;
8.1.2. If you want to end the Contract because of something we have done or have told you we are going to do, please refer to Clause 8.2;
8.1.3. If you have just changed your mind about the Product, then you may be able to get a refund, please refer to Clause 8.3.
8.1.4. In all other cases, if we are not at fault and there is no right to change your mind please refer to Clause 8.5.
8.2. Ending the contract because of something we have done or are going to do. In accordance with clause 8.1.2, if you are ending a Contract for a reason set out at clause 8.2.1 to 8.2.5 below the Contract will end immediately and we will refund you in full for any Products which have not been provided. The reasons are:
8.2.1. We have told you about an upcoming change to the Product or these terms which you do not agree to;
8.2.2. We have told you about an error in the price or description of the Product you have ordered and do not wish to proceed;
8.2.3. There is a risk that supply of the Products may be significantly delayed because of events outside our control;
8.2.4. There is a risk that the supply of the Products for technical reasons, or notify you if we are going to suspend them for technical reasons;
8.2.5. You have the legal right to end the Contract because of something we have done wrong.
8.3. How long do I have to change my mind? You have the right to change your mind and receive a refund for any Product within 14 days after the day you receive the Product. If your Order is split into several deliveries over different days, you have until 14 days after the day you receive the last delivery to change your mind about the Products.
8.4. When you don’t have the right to change your mind. You do not have the right to change your mind and receive a refund for the following Products:
8.4.1. Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
8.4.2. Any Products which become mixed inseparably with other items after their delivery.
8.5. Returning Products after 14 day period has expired. Even If you are not at fault and you do not have a right to change your mind and the Contract has completed, you may still be able to end the Contract but you may have to pay us compensation. You must make a request to Us in writing (“Request”) and we may at our discretion deny or approve the Request. If your Request is approved the Contract will end immediately and we will refund any sums paid by you for the Product not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of you ending the Contract.
8.6. Tell us you want to end the contract. To end the contract with us, please let us know by:
Email. Email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.7. Returning the Products after ending the Contract. If you end the Contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. Please contact us using the contact details below before returning the Product to us at Gazelli International, 15 Bury Walk, London, SW3 6QD. If you are exercising your right to change your mind you must send the Products back to us within 14 days of telling us you wish to end the Contract.
8.8. When we will pay the costs of return a Product. We will pay the costs of return:
8.8.1. if the Products are faulty or misdescribed;
8.8.2. if you are ending the Contract because we have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
8.8.3. in all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.9. What we charge for collection. If you are responsible for the costs of return and we are collecting the Product from you, we will charge you the direct cost to us of collection. The exact costs of collection will be vary depending on the size and value of the item. Please contact us using the details below for a quote of collection charges.
8.10. How we will refund you. All refunds shall be made using the same payment method used to place the Order, and refunds may take up to 30 days to process. However, we may make deductions from the Price as described below.
8.11. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may reduce your refund of the Price to reflect any reduction in the value of the Products, if this has been caused by your handling of them in a way which would not be permitted.
8.12. When your refund will be made. We will make any refunds due to you as soon as possible. If we are not collecting your Products, your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind. Please note, refunds may take up to 3 working days to appear in the account used to purchase our Products. For information about how to return a product to us, see clause 8.6.
8.13. You acknowledge and agree to take reasonable care of the Products whilst they are in your possession and to return the Products and all packaging in a good, free from damage and re-saleable condition.
8.14. You acknowledge that these terms may be subject to the manufacturer’s warranty and you shall be solely responsible for ensuring that you fully understand and are aware of such warranty terms.
9. OUR RIGHTS TO END THE CONTRACT
9.1. We may end the Contract if you break it. We may end the Contract for a Product at any time by writing to you if:
9.1.1. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, for example, delivery address;
9.1.2. you do not, within a reasonable time, allow us to deliver the Products to you;
9.2. You must compensate us if you break the Contract. If we end the Contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
10. DEFECTIVE OR DAMAGED PRODUCTS
10.1 How to tell us about a problem. If you have any questions or complaints about the Product, please let Us know by contacting us using the contact details below.
10.2 Summary of your legal rights. We are under a legal duty to supply Products that are in conformity with this Contract. Nothing in these terms will affect your legal rights.
10.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject Products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please by contacting us using the contact details below for a return form.
10.4 Please note, your legal rights are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
11. ADDITIONAL OBLIGATIONS
11.1. You agree that you are solely responsible and liable for all activities on the Website carried out by your use of the Website.
11.2. You further agree that at all times, you shall not:
11.2.1. use the information presented on the Website or provided to you by Gazelli for any commercial purposes; or
11.2.2. infringe any rights of any third parties.
12. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
12.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987
12.3. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. INTELLECTUAL PROPERTY RIGHTS
13.1. Gazelli and its licensors own all patents, trade marks (whether registrable or non-registrable), copyright, designs, rights in database, rights in software (including without limitation the source code and object code) and all other proprietary rights (whether registered or not) (“Intellectual Property Rights”) relating to the Website and the Products.
13.2. You are expressly prohibited from:
13.2.1. reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website; and
13.2.2. removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by us or our licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Gazelli or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to Gazelli.
13.2 Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
14. PRIVACY AND DATA PROTECTION
14.1 Gazelli shall comply with all applicable data protection and privacy laws and regulations in the performance of its obligations set out under this Agreement, including but not limited to the General Data Protection Regulation (“GDPR”, from the GDPR implementation date) or, until GDPR implementation date, the Data Protection Act 1998 (“Data Protection Laws”).
14.2 Gazelli will process personal data in accordance with the Data Protection Laws, the terms of this Agreement and any lawful instructions reasonably given by You from time to time.
14.3 Gazelli will not transfer Your Data outside of the EEA, other than in accordance with your actions or express authorisation, unless required provisions set out in the Data Protection Laws are in place in relation to such international transfer.
14.4 Gazelli shall ensure that it has all required consents in place regarding the use of Your Data in accordance with the terms of this Agreement;
14.5 Should You require Gazelli to permanently delete data held about you, or remove Your consent to a use of the personal data, Gazelli shall delete such part of Your data from its systems, but for any which is required to be retained for legal, regulatory, compliance or audit purposes, or cease using that element of Your Data for the specified use.
14.6 Gazelli shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage.
15.1. If you have reason to believe that any of the terms herein have been breached or you have a complaint to make, by contacting us at firstname.lastname@example.org. All notification and communication to Gazelli should be sent to the contact details provided herein.
16. EVENTS OUTSIDE OUR REASONABLE CONTROL
16.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by an Event Outside Our Control.
16.2. What we mean by an Event Outside Our Control. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
16.3. If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:
16.3.1. we will contact you as soon as reasonably possible to notify you; and
16.3.2. our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control
17.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the Contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
17.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
17.3. Nobody else has any rights under this Contract. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4. If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5. Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
17.6. Which laws apply to this Contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.