Terms & Conditions of Sale
These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Website. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in them.
You will be asked to confirm your acceptance of these Terms before being able to place an order. If you refuse to accept these Terms, you will not be able to order any Products from our Website. You should print a copy of these Terms, or save them to your computer, for future reference.
1.1 This website is operated by Great Eastern FX Co. Ltd. (“Great Eastern FX”, “us”, “we” or “our”), a company registered in England and Wales at Companies House, registered number 13559386. Our registered office is at 64 Southwark Bridge Road, London, SE1 0AS, England. Our VAT number is VAT GB 387 8031 63.
1.2 To contact us, please see our Contact Us page.
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
IF YOU ARE A CONSUMER
This clause 3 only applies if you are a consumer.
3.1 If you are a consumer, you may only purchase Products from our site if you are at least 16 years old.
IF YOU ARE A BUSINESS CUSTOMER
This clause 4 only applies if you are a business.
4.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
4.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
4.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
4.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 Our store pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.2.
5.3 We will confirm our acceptance to you by sending you an email that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 10.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount, including any delivery costs charged, as soon as possible.
OUR RIGHT TO VARY THESE TERMS
6.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
6.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
6.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 7 only applies if you are a consumer.
7.1 If you are a consumer, you have the right to cancel a Contract for the period set out in clause 7.2 below. This means that during that period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. This does not affect your legal rights to cancel the Contract, advice on which is available from your local Citizens’ Advice Bureau or Trading Standards Office.
7.2 Your right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 days in which you may cancel, starting from the day you receive the Products.
7.3 To cancel, please contact us in writing to tell us by sending an email to firstname.lastname@example.org. Please include details of your order reference to help us to identify it. Your cancellation is effective from the date you sent us the email or posted the letter to us.
7.4 If you cancel your Contract we will refund you the price you paid for the Products and any applicable delivery charges you paid for. However, please note we are permitted by law to reduce your refund 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. We will process the refund due to you as soon as possible and, in any case:
a) 14 days from the day you return any goods supplied, or provide evidence that you have returned them, or
b) if there were no goods supplied, 14 days from the day on which we are informed about your decision to cancel this contract.
7.5 You must return the Products with the original packaging to us at your expense within 14 calendar days of your notice of cancellation, ensuring that you obtain proof of posting for your own records. Note that if you fail to package the goods adequately to avoid damage in transit or fail to take reasonable care of the goods we might not be able to accept their return.
7.6 If you have returned the Products to us under this clause 7 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
7.7 We will refund you on the credit card, debit card or PayPal account used by you to pay.
7.8 As a consumer, you will always have legal rights regarding cancellation in relation to Products that are faulty or not as described. These legal rights are not affected by the product warranty. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
8.1 Your order will be fulfilled by the estimated delivery date (and time slot if applicable) set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
8.2 Delivery will be completed when we deliver the Products to the address you gave us.
8.3 The Products will be your responsibility from the completion of delivery.
8.4 You own the Products once we have received payment in full, including all applicable delivery charges.
9.1 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
PRICE OF PRODUCTS AND DELIVERY CHARGES
10.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 10.5 for what happens if we discover an error in the price of Product(s) you ordered.
10.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
10.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
10.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
10.5 Our site contains a number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you.
(b) if the Product’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
HOW TO PAY
11.1 You can only pay for Products using a debit card, a credit card (including AMEX) or via the payment service, Paypal.
11.2 Payment for the Products and all applicable delivery charges is in advance.
OUR WARRANTY FOR THE PRODUCTS
12.1 We provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 12.2.
12.2 The warranty in clause 12.1 does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Products in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
12.3 If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
OUR LIABILITY IF YOU ARE A BUSINESS
This clause 13 only applies if you are a business customer.
13.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
13.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
13.3 Subject to clause 13.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
13.4 Subject to clause 13.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products.
13.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
OUR LIABILITY IF YOU ARE A CONSUMER
This clause 14 only applies if you are a consumer.
14.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
14.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 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 or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15.4 You may cancel a Contract affected by an Event Outside Our Control. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
COMMUNICATIONS BETWEEN US
16.1 When we refer, in these Terms, to “in writing”, this will include email.
16.2 If you are a consumer you may contact us as described in clause 1.2.
16.3 If you are a business:
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by email, one Business Day after transmission.
(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified e-mail address of the addressee.
(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
OTHER IMPORTANT TERMS
17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 12 to the recipient of the gift without needing to ask our consent.
17.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 12, but we and you will not need their consent to cancel or make any changes to these Terms.
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
17.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
17.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).