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General terms & conditions
THESE TERMS AND CONDITIONS DO NOT AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER
1. DEFINITIONS & INTERPRETATION
- 1.1 In these conditions, the following words and phrases shall have the meanings ascribed to them below:
- 1.1.1 "Customer" means the person or party who purchases the Products from the Seller;
- 1.1.2 "Seller" means Joanna Maya Matyjaszczuk T/A Gurasu Crystal, registered in England and Wales, whose Registered Office is at 27A Eversleigh Road, London, N3 1HY. Our trading address is 15 Stratton St, Mayfair, London W1J 8LQ, VAT number: GB136823213
- 1.1.3 "Contract" means any contract between the Seller and the Customer for the sale and purchase of the Products, subject to and incorporating these conditions;
- 1.1.4 "Products" means any Products agreed in the Contract to be supplied to the Customer by the Seller (including any part or parts of them).
- 1.2 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
- 1.3 Words in the singular include the plural and in the plural include the singular.
- 1.4 A reference to one gender includes a reference to the other gender.
- 1.5 Condition headings do not affect the interpretation of these conditions.
2. ENTIRE AGREEMENT
- 2.1 Subject to any variation under condition 2.3 the Contract shall be on these conditions to the
exclusion of all other terms and conditions (including any terms or conditions which the Customer
purports to apply under any purchase order, confirmation of order, communication, specification or other
- 2.2 No terms or conditions endorsed on, delivered with or contained in the Customer's purchase order,
confirmation of order, specification or other document shall form part of the Contract simply as a result
of such document being referred to in the Contract.
- 2.3 These conditions apply to all the Seller's sales and any variation to these conditions and any
representations about the Products shall have no effect unless expressly agreed in writing and signed
by a director of the Seller.
3. ORDER PROCESS
- 3.1 All orders placed by the Customer are subject to final acceptance by the Seller.
- 3.2 Following receipt of any order, the Seller may send to the Customer an order acknowledgement detailing the Products which have been ordered. This communication is not an order confirmation or order acceptance from the Seller.
- 3.3 Acceptance of the Customers order and the completion of the Contract between the Seller and
Customer will take place on despatch to the Customer of the Products ordered unless the Seller has
notified the Customer that the order has not been accepted or it has been cancelled by the Customer.
4. DESCRIPTION AND PRICING
- 4.1 The description of the Products shall be as set out on the Seller's website at the time the Customer
places an order.
- 4.2 All samples, drawings, descriptive matter, specifications and advertising issued by the Seller and
any descriptions or illustrations contained in the Seller's website are issued or published for the sole
Contract which is not a sale by sample.
- 4.3 Every effort is made by the Seller to ensure that prices shown on the Seller's website are accurate.
If an error is found, the Supplier will inform the Customer as soon as possible and offer the option of
reconfirming the order at the correct price, or cancelling the order. If the Seller does not receive an
order confirmation within 3 days of informing the Customer of the error, the order will be cancelled
automatically. If the Customer cancels the order, or if the order is cancelled automatically due to the
expiry of the 3 day period, the Seller will refund or re-credit the Customer for any sum that has been
- 4.4 All prices are shown in UK currency,GBP, (pounds sterling) and unless expressly stated otherwise, include VAT (where applicable) at the applicable current rates but exclude delivery charges.
- 5.1 Delivery of the Products shall be made:
- 5.1.1 to the Customers address;
- 5.1.2 at the Sellers sole discretion, to any address specified by the Customer; or
- 5.2 The Customer acknowledges that it may be required by the Seller to provide proof address and
identification (in the form of photo identification) prior to delivery being made.
- 5.3 Any dates specified by the Seller for delivery of the Products are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.
- 5.4 If for any reason the Customer fails to accept delivery of any of the Products when they are ready for delivery, or the Seller is unable to deliver the Products on time because the Customer has not provided appropriate instructions, documents, licences or authorisations:
- 5.4.1 risk in the Products shall pass to the Customer (including for loss or damage caused by the Seller's negligence);
- 5.4.2 the Products shall be deemed to have been delivered and
- 5.5 If the Seller is requested to re-deliver the Products following a failed delivery in accordance with condition 5.5, the Seller reserves the right to make an additional charge for such re-delivery.
- 5.6 The Seller may deliver the Products by separate instalments. Each separate instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Customer to repudiate or cancel any other Contract or instalment.
- 5.7 The Customer shall be required to notify the Seller of any delivery shortages within 24 hours of delivery. If the Customer fails to notify the Seller of any such shortages within this time scale, the Customer shall be deemed to have accepted delivery of all Products.
- 6.1 The Products are at the risk of the Customer from the time of delivery.
- 7.1 Payment for the Products by the Customer can be made by any method shown on the Seller's website.
8. RIGHT TO CANCEL
- 8.1 You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right to cancel, you must inform us [INSERT: your name, geographical address and, where available, your telephone number, fax number and e-mail address] of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
- 8.2 Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least ex-pensive type of standard delivery offered by us, for instance, express delivry). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than –
(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
9. LIMITATION OF LIABILITY
- 9.1 The following provisions set out the entire financial liability of the Seller (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of:
- 9.1.1 any breach of these conditions;
- 9.1.2 any use made or resale by the Customer of any of the Products, or of any product
- 9.1.3 any representation, statement or tortious act or omission including negligence arising incorporating any of the Products; andunder or in connection with the Contract.
- 9.2 Nothing in these conditions excludes or limits the liability of the Seller:
- 9.2.1 for death or personal injury caused by the Seller's negligence; or
- 9.2.2 under section 2(3), Consumer Protection Act 1987; or
- 9.2.3 for any matter which it would be illegal for the Seller to exclude or attempt to exclude its
- 9.2.4 for fraud or fraudulent misrepresentation.
- 9.3 Subject to condition 9.2 and condition 9.3:
- 9.3.1 the Seller's total liability in contract, tort (including negligence or breach of statutory
- 9.3.2 the Seller shall not be liable for any direct, indirect or consequential loss (all three of duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; andwhich terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses.
- 10.1 The Seller may assign the Contract or any part of it to any third party.
- 10.2 The Customer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Seller.
11. UNFORSEEABLE DELAYS
- 11.1 The Seller reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Products ordered by the Customer (without liability to the Customer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Seller including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 90 days, the Customer shall be entitled to give notice in writing to the Seller to terminate the Contract.
12. EXPORT OF PRODUCTS
- 12.1 We do export products outside of the United Kingdom.
- 13.1 Each right or remedy of the Seller under the Contract is without prejudice to any other right or remedy of the Seller whether under the Contract or not.
- 13.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
- 13.3 Failure or delay by the Seller in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
- 13.4 Any waiver by the Seller of any breach of, or any default under, any provision of the Contract by the Customer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
- 13.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
- 13.6 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
- 14.1 We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998).
- 14.2 We collect some personal information about you for 2 reasons: firstly, to process your order and secondly, to provide you with the best possible service.
- 14.3 The type of information we will collect about you includes:
- * name
- * address
- * phone number
- * email address
- We do not store credit card details nor do we share customer details with any third parties.
- 14.4 Gurasu.co.uk does not store or retain your credit and/or debit card information or any other personal financial information. The information you provide is used only at the time of transaction for authorization and payment and thereafter removed from our system.
- 14.5 We will not email you in the future unless you have given us your consent.
- 14.6 We will give you the chance to refuse any marketing email from us or from another trader in the future.
- 14.7 We will never collect sensitive information about you without your explicit consent.
- 14.8 The personal information which we hold will be held securely in accordance with our internal security policy and the law.
- 14.9 If we intend to transfer your information outside the EEA (European Economic Area) we will always obtain your consent first.
- 14.10 We may use technology to track the patterns of behaviour of visitors to our site. This can include using a 'cookie' which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings.
If you have any questions/comments about privacy, you should contact us.
THERE ARE ADDITIONAL TERMS AND CONDITIONS WHICH APPLY IF THE CUSTOMER IS PURCHASING THE PRODUCTS IN THE COURSE OF A TRADE, PROFESSION OR BUSINESS. BY CONTINUING WITH THIS ORDER, YOU ARE DEEMED TO HAVE ACCEPTED THESE. A COPY CAN BE EMAILED TO YOU UPON REQUEST.