Terms and conditions
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer
or you). We are Gilks Uk Limited a company registered in England and
Wales under number 9561195 whose registered office is at 5 Old Port Square,
Chester, Cheshire, CH1 4JP and whose trading address is Top Lodge, Aldersey
Lane, Tattenhall, Cheshire, CH3 9EH with email address email@example.com;
telephone number 01244 725452; (the Supplier or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods,
you agree to be bound by these Terms and Conditions. By ordering any of the
Services, you agree to be bound by these Terms and Conditions. You can only
purchase the Goods from the Website if you are eligible to enter into a
contract and are at least 18 years old.
3. Consumer means an individual acting for
purposes which are wholly or mainly outside his or her trade, business, craft
4. Contract means the legally-binding
agreement between you and us for the supply of the Goods;
5. Delivery Location means the Supplier's
premises or other location where the Goods are to be supplied, as set out in
6. Durable Medium means paper or email, or
any other medium that allows information to be addressed personally to the
recipient, enables the recipient to store the information in a way accessible
for future reference for a period that is long enough for the purposes of the
information, and allows the unchanged reproduction of the information stored;
7. Goods means the goods advertised on the
Website that we supply to you of the number and description as set out in the
8. Order means the Customer's order for the
Goods from the Supplier as submitted following the step by step process set out
on the Website;
out how we will deal with confidential and personal information received from
you via the Website;
10. Website means our website gilksukltd.com
on which the Goods are advertised.
description of the Goods is as set out in the Website, catalogues, brochures or
other form of advertisement. Any description is for illustrative purposes only
and there may be small discrepancies in the size and colour of the Goods
12. In the case of any Goods made to your special requirements, it is your
responsibility to ensure that any information or specification you provide is
13. All Goods which appear on the Website are subject to availability.
14. We can make changes to the Goods which are necessary to comply with any applicable
law or safety requirement. We will notify you of these changes.
16. We may contact you by using e-mail or other electronic communication methods and
by pre-paid post and you expressly agree to this.
Basis of Sale
17. The description of the Goods in our website does not constitute a contractual offer
to sell the Goods. When an Order has been submitted on the Website, we can
reject it for any reason, although we will try to tell you the reason without
18. The Order process is set out on the Website. Each step allows you to check and
amend any errors before submitting the Order. It is your responsibility to
check that you have used the ordering process correctly.
19. A Contract will be formed for the sale of Goods ordered only when you receive an
email from us confirming the Order (Order Confirmation). You must ensure
that the Order Confirmation is complete and accurate and inform us immediately
of any errors. We are not responsible for any inaccuracies in the Order placed
by you. By placing an Order you agree to us giving you confirmation of the
Contract by means of an email with all information in it (ie the Order
Confirmation). You will receive the Order Confirmation within a reasonable time
after making the Contract, but in any event not later than the delivery of any
Goods supplied under the Contract.
20. Any quotation is valid for a maximum period of 1 day from its date, unless we
expressly withdraw it at an earlier time.
21. No variation of the Contract, whether about description of the Goods, Fees or
otherwise, can be made after it has been entered into unless the variation is
agreed by the Customer and the Supplier in writing.
22. We intend that these Terms and Conditions apply only to a Contract entered into by
you as a Consumer. If this is not the case, you must tell us, so that we can
provide you with a different contract with terms which are more appropriate for
you and which might, in some respects, be better for you, eg by giving you
rights as a business.
Price and Payment
23. The price of the Goods and any additional delivery or other charges is that set out
on the Website at the date of the Order or such other price as we may agree in
24. Prices and charges include VAT at the rate applicable at the time of the Order.
25. You must pay by submitting your credit or debit card details with your Order and we
can take payment immediately or otherwise before delivery of the Goods.
will deliver the Goods, to the Delivery Location by the time or within the
agreed period or, failing any agreement, without undue delay and, in any event,
not more than 30 days after the day on which the Contract is entered into.
27. In any case, regardless of events beyond our control, if we do not deliver the
Goods on time, you can (in addition to any other remedies) treat the Contract
at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking
into account all the relevant circumstances at the time the Contract was made,
or you said to us before the Contract was made that delivery on time was
b. After we have failed to deliver on time, you have specified a later period which is
appropriate to the circumstances and we have not delivered within that period.
28. If you treat the Contract at an end, we will (in addition to other remedies)
promptly return all payments made under the Contract.
29. If you were entitled to treat the Contract at an end, but do not do so, you are
not prevented from cancelling the Order for any Goods or rejecting Goods that
have been delivered and, if you do this, we will (in addition to other
remedies) without delay return all payments made under the Contract for any
such cancelled or rejected Goods. If the Goods have been delivered, you must
return them to us or allow us to collect them from you and we will pay the
costs of this.
30. If any Goods form a commercial unit (a unit is a commercial unit if division of
the unit would materially impair the value of the goods or the character of the
unit) you cannot cancel or reject the Order for some of those Goods without
also cancelling or rejecting the Order for the rest of them.
31. We do not generally deliver to addresses outside England and Wales, Scotland,
Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept
an Order for delivery outside that area, you may need to pay import duties or
other taxes, as we will not pay them.
32. You agree we may deliver the Goods in instalments if we suffer a shortage of stock
or other genuine and fair reason, subject to the above provisions and provided
you are not liable for extra charges.
33. If you or your nominee fail, through no fault of ours, to take delivery of the
Goods at the Delivery Location, we may charge the reasonable costs of storing
and redelivering them.
34. The Goods will become your responsibility from the completion of delivery or
Customer collection. You must, if reasonably practicable, examine the Goods
before accepting them.
Risk and Title
35. Risk of damage to, or loss of, any Goods will pass to you when the Goods are
delivered to you.
36. You do not own the Goods until we have received payment in full. If full payment is
overdue or a step occurs towards your bankruptcy, we can choose, by notice to
cancel any delivery and end any right to use the Goods still owned by you, in
which case you must return them or allow us to collect them.
Withdrawal, returns and cancellation
37. You can withdraw the Order by telling us before the Contract is made, if you simply
wish to change your mind and without giving us a reason, and without incurring
38. This is a distance contract (as defined below) which has the cancellation
rights (Cancellation Rights) set out below. These Cancellation Rights,
however, do not apply, to a contract for the following goods (with no others)
in the following circumstances:
a. Goods that are made to your specifications or are clearly personalised;
b. Goods which are liable to deteriorate or expire rapidly.
39. Also, the Cancellation Rights for a Contract cease to be available in the following
a. In the case of any sales contract, if the goods become mixed inseparably
(according to their nature) with other items after delivery.
Right to cancel
40. Subject as stated in these Terms and Conditions, you can cancel this contract within 14
days without giving any reason.
41. The cancellation period will expire after 14 days from the day on which you
acquire, or a third party, other than the carrier indicated by you, acquires
physical possession of the last of the Goods. In a contract for the supply of
goods over time (ie subscriptions), the right to cancel will be 14 days after
the first delivery.
42. To exercise the right to cancel, you must inform us of your decision to cancel
this Contract by a clear statement setting out your decision (eg a letter sent
by post, fax or email). You can use the attached model cancellation form, but
it is not obligatory. In any event, you must be able to show clear evidence of
when the cancellation was made, so you may decide to use the model cancellation
43. You can also electronically fill in and submit the model cancellation form or any
other clear statement of the Customer's decision to cancel the Contract on our
website gilksukltd.com. If you use this option, we will communicate to you an
acknowledgement of receipt of such a cancellation in a Durable Medium (eg by
email) without delay.
44. 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.
Effects of cancellation in the cancellation period
as set out below, 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
expensive type of standard delivery offered by us).
Deduction for Goods supplied
46. 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 (ie handling
the Goods beyond what is necessary to establish the nature, characteristics and
functioning of the Goods: eg it goes beyond the sort of handling that might be
reasonably allowed in a shop). This is because you are liable for that loss
and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
47. If we have not offered to collect the Goods, 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 sent back the
48. If we have offered to collect the Goods or if no Goods were supplied, we will make
the reimbursement without undue delay, and not later than 14 days after the day
on which we are informed about your decision to cancel this Contract.
49. 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.
50. If you have received Goods in connection with the Contract which you have
cancelled, you must send back the Goods or hand them over to us at Top Lodge,
Aldersey Lane, Tattenhall, Cheshire, CH3 9EH without delay and in any event not
later than 14 days from the day on which you communicate to us your
cancellation of this Contract. The deadline is met if you send back the Goods
before the period of 14 days has expired. You agree that you will have to bear
the cost of returning the Goods.
51. For the purposes of these Cancellation Rights, these words have the following
a. distance contract means a contract
concluded between a trader and a consumer under an organised distance sales or
service-provision scheme without the simultaneous physical presence of the
trader and the consumer, with the exclusive use of one or more means of
distance communication up to and including the time at which the contract is
b. sales contract means a contract under
which a trader transfers or agrees to transfer the ownership of goods to a
consumer and the consumer pays or agrees to pay the price, including any
contract that has both goods and services as its object.
Conformity and Guarantee
52. We have a legal duty to supply the Goods in conformity with the Contract, and will
not have conformed if it does not meet the following obligation.
53. Upon delivery, the Goods will:
Be of satisfactory quality;
Be reasonably fit for any particular purpose for which you buy the Goods which,
before the Contract is made, you made known to us (unless you do not actually
rely, or it is unreasonable for you to rely, on our skill and judgment) and be
fit for any purpose held out by us or set out in the Contract; and
Conform to their description.
54. It is not a failure to conform if the failure has its origin in your materials.
We will immediately, or within a reasonable time, give you the benefit of the free
guarantee given by the manufacturer of the Goods. Details of the guarantee,
including the name and address of the manufacturer, the duration and
territorial scope of the guarantee, are set out in the manufacturer's guarantee
provided with the Goods. This guarantee will take effect at the time the Goods
are delivered, and will not reduce your legal rights.
Successors and our sub-contractors
56. Either party can transfer the benefit of this Contract to someone else, and will
remain liable to the other for its obligations under the Contract. The Supplier
will be liable for the acts of any sub-contractors who it chooses to help
perform its duties.
Circumstances beyond the control of either party
57. In the event of any failure by a party because of something beyond its reasonable
The party will advise the other party as soon as reasonably practicable; and
The party's obligations will be suspended so far as is reasonable, provided that
that party will act reasonably, and the party will not be liable for any
failure which it could not reasonably avoid, but this will not affect the
Customer's above rights relating to delivery and any right to cancel, below.
58. Your privacy is critical to us. We respect your privacy and comply with the General
Data Protection Regulation with regard to your personal information.
59. These Terms and Conditions should be read alongside, and are in addition to our policies,
60. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of
Personal Data, including, but not limited to the Directive 95/46/EC (Data
Protection Directive) or the GDPR.
b. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in
61. We are a Data Controller of the Personal Data we Process in providing Goods to
62. Where you supply Personal Data to us so we can provide Goods to you, and we Process
that Personal Data in the course of providing the Goods to you, we will comply
with our obligations imposed by the Data Protection Laws:
Before or at the time of collecting Personal Data, we will identify the purposes for
which information is being collected;
We will only Process Personal Data for the purposes identified;
We will respect your rights in relation to your Personal Data; and
We will implement technical and organisational measures to ensure your Personal
Data is secure.
63. For any inquiries or complaints regarding data privacy, you can contact our Data
Protection Officer at the following e-mail address: firstname.lastname@example.org.
64. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or
(ii) for death or personal injury caused by negligence or breach of the
Supplier's other legal obligations. Subject to this, the Supplier is not liable
for (i) loss which was not reasonably foreseeable to both parties at the time
when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's
business, trade, craft or profession which would not be suffered by a Consumer
- because the Supplier believes the Customer is not buying the Goods wholly or
mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
65. The Contract (including any non-contractual matters) is governed by the law of
England and Wales.
66. Disputes can be submitted to the jurisdiction of the courts of England and Wales or,
where the Customer lives in Scotland or Northern Ireland, in the courts of
respectively Scotland or Northern Ireland.
67. We try to avoid any dispute, so we deal with complaints in the following way:
terms and conditions were created using a document from Rocket Lawyer
Model cancellation Form
Top Lodge, Aldersey Lane
Email address: email@example.com
Telephone number: 01244 725452
I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of
the following goods [*] [for the supply of the following service [*], Ordered
on [*]/received on [*]______________________(date received)
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form
is notified on paper)