|
GJ International Ltd standard terms and conditions of sale.
Below are listed our terms and conditions of sale and it is important that you read and understand them. If you have any queries we would be happy to answer them on +44 (0)1208 841059.
GJ International: Registered No 4832464 England
Registered office: Wellesley House, 204 London Road, Waterlooville, Hampshire. P07 7AN. UK.
VAT registration No: GB 819 5970 84
1. ACCEPTANCE OF ORDERS
1.1 These terms and conditions of sale ("Terms and Conditions") shall apply to all orders for goods and services received by GJ International Ltd ("the Company"). No other conditions whether or not inconsistent with these Terms and Conditions shall apply.
1.2 Each order for goods or services will be deemed to be an offer by the customer to purchase the goods or services upon these Terms and Conditions ("Order"). A contract shall not be formed until the customer's order is accepted in writing by the Company ("Contract").
1.3 All Contracts are subject to these Terms and Conditions. No variation of these Terms and Conditions will be accepted by the Company unless previously agreed in writing. The Company reserves the right to refuse any Order without providing a reason.
2. CUSTOMER'S AUTHORITY
Customers entering into transactions with the Company expressly warrant that they are authorised to accept and are accepting these Terms and Conditions not only for themselves but also as agents for and on behalf of all other persons who are, or may become, interested in the Company's goods and services, whether in whole or part.
3. DETAILS AND SPECIFICATIONS
3.1 Details and specifications of goods and services will be as set out in the Company's current catalogue, brochure or website(s). The Company reserves the right to alter specifications of any given product or service and to withdraw any item without explanation or notification. Current specifications can be confirmed with the Company by telephone.
3.2 All images on the Company’s websites, catalogue or brochure are of the latest version possible, and may be subject to change without prior notice. All images are as an example of the product or service only and may not totally represent the product being delivered.
4. PRICES
4.1 The price for the goods or services will be the price set out in the Company's current catalogue or brochure and the Company reserves the right to change any price without notice.
4.2 All prices for goods are ex-works (EXW, IncoTerms 2000), in the stated currency.
4.3 Prices may be subject to a minimum order quantity or amount as specified by the Company. Any minimum order is as stated on the website and the Company reserves the right to change the minimum order requirements without notice.
4.4 Any orders for a quantity less than the minimum order levels will be subject to a surcharge.
4.5 Costs of packaging and carriage and any applicable sales tax or duty will be added to the price where relevant. All prices quoted are subject to VAT at the prevailing standard rate, relating to UK, EU or international law.
4.6 Any duties or taxes payable on orders are the sole responsibility of the Customer. If the Customer refuses to pay the duties/tax it is then the responsibility of the Customer to pay all shipping costs for the return of any goods.
5. PAYMENT
Payment of account is to be received by the Company in advance of manufacture or shipment of goods, or undertaking the services. No usance or extended payment terms are offered by the Company.
6. CANCELLATION OF ORDERS
The Company will use reasonable endeavours to meet customers' individual requirements but the Company shall be under no obligation to accept cancellation or amendment to any order or any part of an Order. Where such cancellation or amendment to an Order is agreed by the Company, it is on the understanding that a cancellation or amendment charge may be levied.
7. DELIVERIES AND CARRIAGE
7.1 All product Orders will be despatched by the most appropriate route, on a “ship-collect” basis, meaning that the Customer is responsible for paying all shipping costs, customs tariffs and VAT as applicable by local, International, UK or EU law. A customer may suggest or request an alternative route or carrier, and the Company will use all reasonable effort to meet the requests, providing the services are available from the point of manufacture. Should the Company incur any incremental costs from using a named carrier or route (time, actual or otherwise), all costs shall be charged to the customer order.
7.2 Deliveries will be made to the “ship to” address specified by the Customer. The Company cannot accept responsibility for any difficulties in delivery as a consequence of information or lack of information supplied by the customer.
7.3 The Company will use reasonable endeavours to deliver each of the customer's Orders for the goods within the time agreed when the Company accepts an Order and, if no time is agreed, then within a reasonable time, but the time of delivery is not of the essence. If, despite those endeavours, the Company is unable for any reason to fulfil any delivery on the specified date, the Company will not be deemed in breach of the Contract, nor (for the avoidance of doubt) will the Company have any liability to the customer for direct, indirect or consequential loss howsoever caused (including as a result of negligence) by any delay or failure in delivery. Any delay in delivery will not entitle the customer to cancel the Order and receive a refund of any monies paid. The customer shall have no remedy in respect of late delivery.
7.4 The Customer is responsible for insurance of an Order, whichever method of shipment is made.
8. RETENTION OF TITLE
8.1 All goods and services shall remain the property of the Company until such time as the Company receive payment in full for the goods and of all other monies due to the Company from the customer.
9. FORCE MAJEURE
The Company will not be liable to the customer for any failure or delay in delivery of the goods if it is due to any event beyond the reasonable control of the Company. The Company will be entitled to a reasonable extension of time for performing such obligations and shall not be liable for any loss or damage occasioned to the customer thereby.
10. WARRANTY AND WARRANTY PERIOD
10.1 Goods are supplied according to the descriptions and specifications given in the relevant and current brochures of the Company. The Company gives no warranty and makes no representation as to the suitability or fitness of any goods for any particular purpose unless expressly given or made in such brochures.
10.2 The Company will, free of charge, within a period of 1 month from the date of delivery of goods which are proved to the reasonable satisfaction of the Company to be damaged or fail to comply with such descriptions and specifications in the Company's brochures due to defects in material, workmanship or design (other than a design made, furnished or specified by the customer), repair, or at its option replace, such goods. Any damage or defect must be reported within such period in writing to the Company at the branch from which the goods were despatched. This obligation will not apply where:
10.2.1 the goods have been improperly altered in any way whatsoever, or have been subject to misuse or unauthorised repair;
10.2.2 the goods have been improperly installed or connected;
10.2.3 the goods have been opened, partly used, or the seals or labels have been removed or tampered with;
10.2.4 the goods have been damaged by fire, water or smoke;
10.2.5 the goods have (where applicable) exceeded their guarantee or warranty period;
10.2.6 the goods are disposable;
10.2.7 any maintenance requirements relating to the goods have not been complied with;
10.2.8 the goods are not in the Company's current brochure but have been specifically ordered by the customer;
10.2.9 any instructions as to storage of the goods have not been complied with in all respects; or
10.2.10 the customer has failed to notify the Company of any defect or suspected defect within 14 days of delivery where the defect should be apparent on reasonable inspection, or within 14 days of the same coming to the knowledge of the customer where the defect is not one which should be apparent on reasonable inspection, and in any event no later than 1 month from the date of delivery.
10.3 Any returned goods must be accompanied by a returns note, which the Company will supply to the customer upon request, giving details of the customer's name, address, the invoice number and full description of the goods.
10.4 The complete packaging should be retained if pilfering is suspected or if breakage has occurred. If pilfering is suspected the Company and the carriers should be notified immediately. Claims cannot be considered unless these conditions are observed.
10.5 Except as set out in this condition 10, the Company hereby excludes to the fullest extent permissible in law, all conditions, warranties and stipulations, express (other than those set out in the Contract) or implied, statutory, customary or otherwise which, but for such exclusion, would or might subsist in favour of the customer.
11. ADMINISTRATION CHARGE
The Company reserves the right to implement an administration charge of £25.00 GBP for small orders under the minimum order level.
12. NON-DELIVERY
In the event of non-arrival of goods, customers must inform the Company within 14 days of the date of the advice of despatch, otherwise no claim can be considered.
13. NON-FAULTY RETURNED GOODS
13.1 Goods are not supplied on a sale or return basis. Returns of non-faulty goods, which must be in whole original packs supplied directly from the Company, will be accepted only with the prior written permission of the Company. In the event of the customer not being entirely satisfied with any goods received, notification must be made in accordance with condition 10. Failure to do so will result in credit/refunds not being issued. Please note any returned item will be liable to a restocking or re-checking fee of up to 60% of the purchase price. Items made to customers' own specifications will not be accepted for return unless faulty in accordance with condition 10. Such goods are returned at the sender's responsibility. We advise that both certificates of postage and adequate insurance is sought. The Company accepts no responsibility for goods lost during return transit. No replacements are available whilst goods are exchanged, replaced or repaired. Items requiring temperature controlled storage will be accepted to correct defects or delivery errors only. In this case the goods must have been stored correctly whilst on the customer's premises. Goods will not be acceptable for return if they have been re-labelled in any way, or if any tamper evident seals have been broken. A returns note in accordance with condition 10.3 needs to be provided by the customer in connection with all returns of non-faulty goods. Refund of reasonable carriage charges will be made.
13.2 Credit will normally be allowed on authorised returns as follows:
13.2.1 goods authorised for return within 14 days of despatch - 100% allowance.
13.2.2 Any other goods - no allowance.
13.3 Goods which are authorised for return should be sent to the address specified by the Company,
in the original packaging.
13.4 Non-faulty goods accepted by the Company for credit only will unless otherwise agreed be subject to a handling charge at the rate of 60% calculated on the net invoice value of the goods returned. Faulty goods accepted by the Company for exchange will generally not be subject to a handling charge.
14. LIABILITY OF THE COMPANY
14.1 The Company's entire liability under these Terms and Conditions and any Contract is as set out in conditions 7 and 10. The Company will be under no liability to the customer whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with:
14.1.1 any of the goods, or the manufacture or sale or supply, or failure or delay in supply, of the goods by the Company or on the part of the Company's employees, agents or sub-contractors;
14.1.2 any breach by the Company of any of the express or implied terms of the contract with the customer;
14.1.3 any use made or resale by the customer of any of the goods, or of any product incorporating any of the goods; or
14.1.4 any statement made or not made, or advice given or not given, by or on behalf of the Company or otherwise under a Contract and these Terms and Conditions.
14.2 The Company does not exclude its liability (if any) to the customer for:
14.2.1 for breach of the Company's obligations arising under section 12 Sale of Goods Act 1979 or section 2 Sale and Supply of Goods and Services Act 1982;
14.2.2 for personal injury or death resulting from the Company's negligence;
14.2.3 under section 2(3) Consumer Protection Act 1987;
14.2.4 for any matter which it would be illegal for the Company to exclude (or to attempt to exclude) its liability; or:
14.2.5 for fraud.
15. PROPER LAW
These Terms and Condition and any Contract shall be governed by & construed according to the law of England and the customer submits to the jurisdiction of the English courts, irrespective of place of delivery. These Terms and Conditions will prevail over any conditions that shall be issued by the customer. Customers should not rely on any representations made by staff of the Company as they do not form part of the Contract or collateral contract.
16. CUSTOMERS DEALING AS CONSUMERS
WHERE A CUSTOMER "DEALS AS CONSUMER" AS DEFINED IN SECTION 12(1) OF THE UNFAIR CONTRACT TERMS ACT 1977 (AS AMENDED) THESE TERMS AND CONDITIONS ARE SUBJECT TO THE CONSUMER'S STATUTORY RIGHTS. THE COMPANY SHALL IN NO WAY BE ENTITLED TO EXCLUDE OR LIMIT SUCH STATUTORY RIGHTS.
These Terms and Condition and any Contract shall be governed by & construed according to the law of England and the customer submits to the jurisdiction of the English courts. These Terms and Conditions will prevail over any conditions that shall be issued by the customer. Customers should not rely on any representations made by staff of the Company as they do not form part of the Contract or collateral contract.
17. PRIVACY POLICY
17.1 The confidentiality of any communication is of utmost importance. The Company complies with its obligations under The Data Protection Act 1998 (DPA) in all dealings with the Customer. From time to time the Company may use aggregate information and statistics for the purposes of monitoring Website usage in order to help the Company develop the Website, products and services. These statistics will not include information that can identify an individual. The Company will not share personal information with third parties or use the information provided for any other purposes.
17.2 The Company’s website's registration form requires you to provide some contact information (e.g. name and email address). The Company will sometimes use this contact information from the registration form to send information about the Company, our products and services. This contact information is also used to contact you when necessary. If at any time you receive unwanted information from GJ International Ltd, please contact us and we will remove you from our records.
18. DISCLAIMER AND COPYRIGHT
18.1 The information contained in the Company’s Website is provided for general information purposes only and does not constitute legal or other professional advice in relation to any particular situation.
18.2 GJ International Ltd will take every reasonable step to ensure the accuracy of the Company’s Website. However, the Company accepts no responsibility for any loss or damage, howsoever arising, whether directly or indirectly, out of or in connection with the use of, or from reliance on information contained in, the Website.
18.5 The contents of these pages are © GJ International Ltd. The reproduction, permanent storage, or retransmission of the contents of the Company’s Website is prohibited without the prior written agreement of GJ International Ltd, save that users may gain access to and download and store the contents of these pages on a temporary basis for viewing purposes only.
18.6 Any dispute which may arise in relation to the Company’s Website will be subject to the English law and to the jurisdiction of the English courts.
We advise you to print a copy of these Terms & Conditions for your reference in the future
ADDITIONAL TERMS AND CONDITIONS REGARDING SERVICES AND TRAINING WORKSHOPS
PAYMENTS
All charges are payable before the workshop takes place unless with our prior written agreement.
PAYMENT METHODS
Payment can be made by cheque, credit/debit card or BACS. Our payment terms are with booking. No booking will be classed as confirmed unless 100% of the course booking fee is paid.
In any event, GJ International Ltd reserve the right to refuse admission if payment has not been received prior to attending your course.
In the event of late payment we reserve our statutory right to interest at the rate of 8% above base under the Late Payment of Commercial Debts (Interest) Act 1998.
CANCELLATION POLICY
GJ International Ltd shall be entitled to terminate this agreement on notice to the client in the event that all monies due have not been paid by the due date.
If the client cancels the booking it shall remain liable for the payment to GJ International Ltd of a cancellation charge as follows:
| Days |
Cancellation Charge* |
| 0-14 days before the course |
100% of the course fee |
| 15-28 days before the course |
50% of the course fee |
| 29 + days before the course |
20% of the course fee |
*Cancellation charges apply to the total workshop fee
RIGHTS AND RESPONSIBILITIES
The client shall not:
- Disclose the content or style of the course with other training providers.
- Copy, plagiarise or use any of the course material or content to create, produce, or deliver any training course, workshop or seminar.
- Make any recordings, audio, visual or otherwise during any part of the workshop.
DATA
GT International Ltd may use any personal data which the client provides and the client hereby consents to its use by GJ International Ltd: (a) for market research and tracking sales data in order to improve future services to the client; (b) to send to client information about products and services and about events and promotions organise by or on behalf of GJ International Ltd.
If you do not wish to be contacted, please let us know by email.
COURSE DESCIPTION
GJ International Ltd reserve the right to change the course content and/or trainer, at any time, in line with market demands and our commitment to continuous improvement. Any updates or amendments to the content will be made to improve outcomes for attendees.
COURSE DATES AND VENUES
GJ International Ltd reserve the right to alter or cancel published dates and change venues without liability.
In the event of a cancellation where an alternative cannot be provided, monies received in respect of that course will be refunded in full.
JOINING INSTRUCTIONS
On receipt of full payment or within two weeks of workshop commencement, GJ International Ltd will issue complete joining instructions including any pre-work or information to be brought to the workshop (for delegates use), a location map, venue details and course timings.
PROVISIONAL BOOKING
To make a provisional reservation on a course, please contact us by calling +44 (0)1208 841059.
To secure a telephone reservation, full payment details by credit card must be given to the operator.
CONFIRMING A BOOKING
Your reservation will be confirmed by email.
FEES
All fees on our website or published in any way are current at the time of going to print. However, we reserve the right to change them.
DELEGATE SUBSTITUTION
If you would like to make a substitution, please call us on +44 (0)1208 841059 and we will be happy to help you.
Substitutions can be made at any time without incurring a penalty.
GENERAL
This agreement is a contractual agreement for the provision of services by GJ International Ltd to the client
|