Terms and Conditions of Golden Bear Products Ltd
YOU SHOULD PRINT OUT A COPY OF THEM AND ANY ORDER YOU PLACE FOR FUTURE REFERENCE.
1.1 In these Terms and Conditions:-
“Contract” means the contract between you and us for the sale and purchase of the goods ordered by you
“we” means Golden Bear Products Limited, a company registered in England and Wales with registration number 01414582 and whose registered office is at Hortonwood 40, Telford, Shropshire, TF1 7EY
“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
1.2 Nothing in these Terms and Conditions will affect any of your rights as a consumer under any applicable legislation
1.3 The Contract may be cancelled by you in accordance with paragraph 7 if you are a consumer
1.4 You must be at least 18 years of age and have legal capacity to buy any goods from us
1.5 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
1.6 We may change the terms and conditions 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 and Conditions each time you use this website, and your continued use of it will confirm your agreement to be bound by the terms and conditions which apply when you use the website or place any order with us
1.7 If you are not an individual, you confirm that you have full power and authority to bind any business on whose behalf you place any order
1.8 We only deliver goods to delivery addresses in the UK . 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. When you state that address in your order it will be a representation by you that you reside in or your principal place of business, and we will be relying on that representation if we accept your order
1.9 We reserve the right to modify designs and/or specifications without prior notice.
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 liable for all transactions that occur using your login name and password.
2.3 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 refund or re-credit you for any amount you have paid or has been debited from your credit or bank debit card for any goods
3.1 Please see our help section on how to place an order and home delivery arrangements
3.2 Any order you place to buy any goods featured on our website is your offer to us to buy the goods. We may send you an email, to the email address you provide in your order, acknowledging your offer and confirming details of your order. However, that email will not be acceptance of your order. There will be a legally binding contract between you and us for us to sell and you to buy the goods referred to in your order on despatch to you of the goods ordered, unless we have notified you that your order is not accepted or you have cancelled it under paragraph 7.
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 help section. Prices include VAT, where chargeable, at the applicable current rates. However, errors may occur and incorrect prices for goods you have ordered may be shown on our website. 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
4.2 All prices are shown in GB pound sterling. International customers are able to convert their total basket price into the currency of their choice at the checkout. This is an estimation of the total price charged by your bank. We do not guarantee our exchange rates are upto date at the time of your transaction. However we try to keep them as up to date as possible.
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. When ordering for delivery overseas, 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 will become the owner of any goods you order on this website when the goods are delivered, so long as we have processed and received payment in full for the goods. However, if you cancel the Contract in accordance with paragraph 7 of these Terms and Conditions, ownership of the goods will revert to us on the date of cancellation
5.1 We will deliver the goods to the delivery address stated in your order. Estimated delivery times are given in help section. We will use our reasonable endeavours to deliver the goods in accordance with those estimated delivery times but will not be liable for any loss or damage suffered by you, nor will you have any right to terminate the Contract, as a result of any reasonable or unavoidable delay in delivery
5.2 All goods must be signed for on delivery by someone who is at least 18 years old.
5.3 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
6.1 At Golden Bear Products limited we take pride in the high quality of our products and do our best to only dispatch goods in pristine condition. However
If the goods we deliver are damaged or defective or are not what you ordered in your order; or
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 Contact Details within 7 working days of the date of delivery or, as the case may be, the date of delivery we notified to you. Please include your order number and reason for return in your correspondence. If you fail to notify us within this time, we will have no liability to you in respect of the goods and their non-delivery.
6.2 Once we have been notified, at your option, we will:
replace or repair any goods that are damaged or defective; or
make good any shortage in delivery or non-delivery of any goods; or
refund to you the amount you have paid for the goods in question
6.3 All damaged or defective goods must be returned to us within 7 working days of notification. Products 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. Please contact our customer services team 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 a product is returned free of charge but is not damaged or defective on receipt the cost of the return postage will be deducted from your refund.
Your Right of Cancellation
7.1 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 under the Contract at any time up to the end of eight working days from the date you receive the goods, except as stated in paragraph 7.3
7.2 To exercise your right of cancellation, you must give us, within the period stated in paragraph 7.1, written notice of cancellation by delivering it at or sending it by post, fax or email to the relevant address or email address shown in Contact Details giving details of the goods (or the goods in respect of which the Contract is cancelled), our order number and (where appropriate) their delivery
7.3 You will not have any right to cancel the Contract under this paragraph to the extent that the goods are made to your specification or are clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly or comprise audio video recordings or computer software if they are unsealed by you
7.4 If you cancel the Contract in accordance with this paragraph after the goods have been delivered to you, you will be responsible for returning the goods or as the case may be, those in respect of which the Contract has been cancelled, to us at your cost 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 Contact Details within 7 days of the date of the notice of cancellation. 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 cancel the Contract in whole or part in accordance with this paragraph, we will re-credit to your credit or bank debit card or refund you as soon as possible, and in any event within 30 days of receipt of the notice of cancellation, any sum debited by us to your card or paid by you for the goods in respect of which the Contract is cancelled less any costs recoverable under paragraph 7.6
7.6 If you do not return the goods as required, we may recover them and charge you for the direct costs of recovery
8.1 To the fullest extent permitted by law, we will not be liable in any way (including breach of contract or negligence) for:-
(a) any consequential or indirect loss, liability or damage or any other claim for consequential compensation; or
(b) loss of any kind of profit, business income, goodwill or anticipated savings or other benefits or any costs, expenses or liability to any third party incurred by you
arising directly in the natural and ordinary course or indirectly from or in connection with the Contract or the goods sold to you
8.2 We will use our reasonable endeavours to ensure that any information on this website is accurate, but we make no representation or warranty of any kind, whether express or implied, statutory or otherwise, regarding the contents or availability of this website, that it will be error free or timely, that any defects will be corrected or that the website or the server that makes it available is free of viruses or bugs. Access to this website may be interrupted or suspended because of repairs, maintenance, updating or other events or circumstances. We will not be liable to you for any loss or corruption of any data or material uploaded or transmitted through this website nor for any kind of loss or damage incurred arising from any action taken in reliance on any material or information contained on this site nor for any kind of loss or damage incurred arising from using a link provided on this website to any other website
8.3 You must comply with all applicable legislation, including statutory rules and regulations, regarding the purchase of any goods from our website and must obtain at your cost any necessary import or export licences
8.4 No exclusions from or limitations on our liability in these Terms and Conditions will apply to death or personal injury arising from our breach of contract or negligence
Circumstances outside our control
9. We will not be in breach of the Contract or otherwise be liable to you for any delay or failure in performing any of our obligations under the Contract if that is caused by any circumstances or event beyond our reasonable control (including breakdown of equipment, strike or industrial dispute, shortage of materials or failure of or delay in receiving supplies)
Governing Law and Jurisdiction
10. The laws of England will apply to the Contract and all claims and legal proceedings arising in connection with it will be subject to the exclusive jurisdiction of the Courts of England
11.1 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
11.2 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, and 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
11.3 You must not use our website for any unlawful purpose or activity
12.1 The provisions of the Contract are separate, and if any provision or part of it is held to be invalid or unenforceable by any court or other body of competent jurisdiction that will not affect the other provisions or the remainder of the relevant provision
12.2 You may not transfer or otherwise deal with all or any of its rights or obligations in relation to the Contract without the Company's prior written consent. The Company will be free to transfer all of its rights and/or obligations in relation to the Contract provided that does not adversely affect you
12.3 If the Company or you do not strictly enforce its rights that will not in any way affect any of its or your rights in respect of the Contract
12.4 Anyone who is not a party to the Contract has no right to enforce any provision of the Contract under the Contracts (Rights of Third Parties) Act 1999
12.5 If you wish to return an item or notify us of a discrepancy in your order, under the Contract you must do so in writing and will be effectively served on you if it is personally delivered at or sent by pre-paid first class post, email or fax to the address, email address or fax number you give us and on us if it is:-
personally delivered at or sent to us by pre-paid first class post at Golden Bear Products limited , Hortonwood 40, Telford, Shropshire. TF1 7EY
sent by email to firstname.lastname@example.org
faxed to 01952 677613
In addition, a notice of cancellation may be given in accordance with paragraph 7