Terms and Conditions
Terms and Conditions of Golden Bear Products Limited (referred to as these Terms)
YOU SHOULD PRINT OUT A COPY OF THEM AND ANY ORDER YOU PLACE FOR FUTURE REFERENCE.
1. these terms
1.1 These Terms tell you who we are, how we will provide goods to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
1.2 In these Terms:
Contract: means the contract between you and us for the sale and purchase of the goods ordered by you.
we/us: means Golden Bear Products Limited, a company registered in England and Wales. Our company registration number is 01414582 and our registered office is at Hortonwood 40, Telford, Shropshire TF1 7EY. Our VAT registration number is 326572943.
working day: means any day except a Saturday or Sunday or public or bank holiday in England.
you: means you as the user of our website and/or the buyer of any of our goods.
1.3 Nothing in these Terms will affect any of your legal rights as a consumer.
1.4 The Contract may be cancelled by you in accordance with paragraph 7 if you are a consumer.
1.5 You must be at least 18 years of age to buy any goods from us.
1.6 We reserve the right in our absolute discretion to refuse access to or change the content of our website, reject any order or terminate any account you may open with us.
1.7 We may change the Terms relating to the sale of our goods from time to time. If we do so, we will post the changes on our website. You will be responsible for reading these Terms each time you use this website. Your continued use of this website will confirm your agreement to be bound by these Terms, which apply when you use the website or place any order with us.
1.8 If you are not an individual, you confirm that you have full power and authority to bind any business, trade, craft or profession on whose behalf you place any order.
1.9 Our website is solely for the promotion of our goods in the UK. We only deliver goods to delivery addresses in the UK unless we agree otherwise with you. You must be resident in or your principal place of business must be in the UK if you wish to place an order to buy any goods and that address must appear in your order.
1.10 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2. Your Account
2.1 You must ensure that all information you supply to us in relation to your account with us is complete and accurate and that you inform us of any change in that information.
2.2 You are responsible for protecting and maintaining the confidentiality of your login name and password to your account and ensuring that there is no unauthorised access to or use of your account. If you think that anyone has unauthorised access to your account, you must inform us immediately. You will be responsible for all transactions that occur using your login name and password.
3.1 Please see our FAQ page for details on how to place an order and delivery arrangements.
3.2 Goods ordered are subject to availability. If they are not in stock when you place your order, we will inform you of that as soon as reasonably practicable and will not charge you for the goods.
3.3 Our acceptance of your order will take place when we email you to confirm the goods have been dispatched to you, at which point a Contract will come into existence between you and us unless you have already cancelled it under paragraph 7.
3.4 The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the goods. Your goods may vary slightly from those images.
3.5 We may change the goods to reflect changes in relevant laws and regulatory requirements or to implement minor improvements. These changes will not affect your use of the goods.
3.6 If you wish to make a change to your order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
4. Price and Payment
4.1 The price of the goods you order will be the price for them displayed on our website when you place your order for them plus delivery charges as set out in FAQ Page. Prices include VAT, where chargeable, at the applicable current rates.
4.2 It is always possible that, despite our best efforts, some of the goods on our website may be incorrectly priced. We will let you know if we discover any error in the price of those goods and give you the option of confirming your order, at the correct price, or cancelling it. If we cannot contact you, the order will be treated as having been cancelled. If it is cancelled and you have paid for the goods, a full refund will be made.
4.3 Unless we otherwise agree in writing, all prices for goods shown on the website plus delivery charges are for delivery of the goods to you at your address stated in your order. If we are to deliver or re-direct the goods to you elsewhere, in addition to the original order price, an extra delivery charge will apply. If we agree to deliver your goods to an address which is not in the UK, any additional charges, import duties and taxes must be borne by you. We have no control over these and cannot predict what they may be.
4.4 Orders are payable by credit or debit card. You undertake that all details you provide to us will be correct, that the credit or debit card used belongs to the person submitting the order and that there are sufficient funds or credit facilities to cover the sums payable. We reserve the right to obtain validation of any credit or debit card details before accepting any order.
4.5 You must pay for the goods before we dispatch them. We will not charge your credit or debit card until we dispatch the goods to you. You will become the owner of any goods you order on this website when the goods are delivered. However, if you cancel the Contract in accordance with paragraph 7 of these Terms, ownership of the goods will revert to us on the date you notify us of the cancellation.
5.1 The costs of delivery will be as displayed to you on our website.
5.2 We will deliver the goods to the delivery address stated in your order. We will deliver to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. Estimated delivery times are given in FAQ Page. If you have ordered pre-sold goods, we will contact you with an estimated delivery date (which may be a date beyond 30 days after the day on which we accept your order).
5.3 If our supply of the goods 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 goods you have paid for but not received.
5.4 All goods must be signed for on delivery by someone who is at least 18 years old.
5.5 If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the goods from a local depot.
5.6 You will become responsible for the loss or destruction of or any damage to the goods after they have been delivered to the delivery address in your order or to you.
6. Returns Policy
6.1 At Golden Bear Products Limited we take pride in the high quality of our goods and do our best to only dispatch goods in pristine condition. However:
6.1.1 if the goods we deliver are faulty or misdescribed; or
6.1.2 if you do not receive the goods you have ordered or the quantity delivered is incorrect;
you must notify us either in writing or by email or fax at our addresses or fax number stated in our Contact Us page within 30 days of the date of delivery or, as the case may be, the estimated date of delivery we notified to you. Please include your order number and reason for return in your correspondence.
6.2 Once we have been notified, at your option, we will:
6.2.1 replace or repair any goods that are faulty or misdescribed; or
6.2.2 make good any shortage in delivery or non-delivery of any goods; or
6.2.3 refund to you the amount you have paid for the goods in question.
6.3 If you wish to exercise your right to reject the goods and receive a refund you must return them to us within 7 working days of notification. Goods must be returned in the condition you received them including all original parts, packaging and instructions. If you fail to do so we will not be obliged to comply with paragraph 6.2. You can either 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 contact our customer services team or email us at the address in our Contact Us page for our freepost address.
6.4 If you are entitled to a refund we will refund all monies to the credit / debit card used to place the order as soon as possible.
6.5 If you are ending a Contract for a reason set out at paragraphs 6.5.1 to 6.5.5 below, the Contract will end immediately and we will refund you in full for any goods which have not been provided. The reasons are:
6.5.1 we have told you about an upcoming change to the goods which you do not agree to (see paragraph 3.6);
6.5.2 we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
6.5.3 there is a risk that supply of the goods may be significantly delayed because of events outside our control;
6.5.4 we have suspended supply of the goods for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
6.5.5 you have a legal right to end the Contract because of something we have done wrong.
Your legal rights will not be affected.
7. Your Right To Change Your Mind
7.1 For most goods bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms.
7.2 If you are an individual and buy the goods under the Contract for purposes outside your business, you have the right to cancel the Contract in respect of all or some of the goods you have agreed to buy. You can exercise this right at any time up to 14 days after the day you receive the goods. If your goods are split into several deliveries over different days you have until 14 days after the day you receive the last delivery of goods to change your mind about the goods.
7.3 To exercise your right to change your mind, you must let us know within the period stated in paragraph 7.2 by doing one of the following:
7.3.1 call customer services on the number in our Contact Us page.
7.3.2 email us at the address in our Contact Us page. Please provide your name, home address, details of the order including the order number, your phone number and email address.
7.4 If you cancel the Contract in accordance with this paragraph after the goods have been dispatched to you or you have received them, you must return them to us. If the Contract comprised several goods and you only want to cancel part of the Contract you must return those goods in respect of which the Contract has been cancelled. The goods you return must be in the state and condition in which they were when delivered including all original parts, sealed packaging and instructions. The goods must be returned to our address shown in our Contact Us page within 14 days of telling us you have changed your mind. You must take reasonable care of the goods until they are returned or sent to us and must not use them.
7.5 If you tell us you have changed your mind in accordance with this paragraph, we will re-credit to your credit or bank debit card or refund any sum due to you. Your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
7.6 We may reduce your refund of the price to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
8.1 If we fail to comply with these Terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breaking the 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.
8.2 We only supply the goods for domestic and private use. If you use the goods for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
8.3 We will use our reasonable endeavours to ensure that any information on this website is accurate, but we make no promise of any kind:
8.3.1 regarding the contents or availability of this website;
8.3.2 that it will be error free or timely;
8.3.3 that any defects will be corrected; or
8.3.4 that the website or the server that makes it available is free of viruses or bugs.
8.4 Access to this website may be interrupted or suspended because of repairs, maintenance, updating or other events or circumstances. We will not be responsible for:
8.4.1 any loss or corruption of any data or material uploaded or transmitted through this website;
8.4.2 any kind of loss or damage incurred arising from any action taken in reliance on any material or information contained on this site;
8.4.3 any kind of loss or damage incurred arising from using a link provided on this website to any other website.
8.5 No exclusions from or limitations on our liability in these Terms will apply to death or personal injury arising from our breach of contract or negligence.
9. Governing Law and Jurisdiction
These Terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.
10. Intellectual Property
10.1 All copyright, trademarks and other intellectual property rights in or relating to the design of this website and its contents and all materials made available as part of your use of this website will continue to belong to us or, as appropriate, the third parties who licence us to use them. You are only allowed to use this website and its contents and those materials as expressly authorised by us or those third parties.
10.2 The contents of and the materials available through this website may only be used by you for your personal use in connection with your use of this site. You may not copy, reproduce or commercially exploit any such materials or contents, although you may download such materials or contents strictly for the purpose of your use of this website.
10.3 You must not use our website for any unlawful purpose or activity.
11. Other Important Terms
11.1 Each of the paragraphs of these Terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.2 You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
11.3 If we do not insist immediately that you do anything that you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the 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.
11.4 The Contract is between you and us, no other person shall have any rights to enforce any of its terms.
12. Discount Codes
Discount codes issued by us:
· can be used by more than one customer.
· will only be accepted on orders placed before the expiry date stated with the promotion.
· can be used on orders more than once at any time until the expiry date stated.
· can only be used on orders placed on the website www.goldenbeartoys.com.
· can be used in conjunction with other online promotions we issue.
Promoter: Golden Bear Products Limited.