Terms and Conditions: last updated October 2008
Copyright notice
The intellectual property rights in this Website and its contents (including design, text, graphics, software and any other material) are owned by Ce Gifts & Bears or its licensors.
Anyone is entitled to view this site and to print pages of this Website for the sole purpose of placing an order with Ce Gifts & Bears. Any other use is strictly prohibited without prior written consent.
Disclaimer
Ce Gifts & Bears has taken every precaution in compiling this Website. However neither it nor its employees or other representatives will be liable for damages (direct or indirect) arising out of or in connection with the use of the Website, except where, as a result of the negligence of Ce Gifts & Bears, its employees or representatives, death or personal injury is caused, in which case Ce gifts & Bears liability is not limited or excluded.
The Website is provided on an "AS IS" basis and Ce Gifts & Bears excludes all warranties or representations of any kind with respect to this Website or its contents. In particular, Ce Gifts & Bears does not warrant or represent that the information contained on the Website is accurate or up to date.
The contents of this Website are designed to comply with English law. You may be viewing the Website in a market in which we do not commonly sell our goods. Ce Gifts & Bears cannot be held responsible for non-compliance with any local advertising or other laws in relation to this Website or its contents.
For further information on the terms and conditions that apply in connection with your use of this Website, please refer to our Terms and Conditions below.
WEBSITE TERMS AND CONDITIONS OF SALE OF GOODS
DATED 2009
Ce Gifts & Bears
In these conditions, unless the context requires otherwise:
"Buyer" means the company, firm, body or person purchasing the Goods.
"Goods" means the goods (including any instalment of the goods) which Ce Gifts & Bears will supply in accordance with these conditions.
"We", "us" and "our" means Ce Gifts & Bears, 5 Hebden Court, Matlock Street, Bakewell, Derbyshire, DE45 1EE. and www.GiftsAndBears.co.uk
"Order" means a purchase order in respect of the Goods issued by the Buyer to Ce Gifts & Bears on the order form set out on the Web Site."
Web Site " means Ce Gifts & Bears' Web Site www.GiftsAndBears.co.uk
1. CONTRACT
1.1 A contract ("Contract") will only come into being upon acceptance by us of the Order and the following conditions shall be deemed to be incorporated in the Contract. The Buyer accepts these terms and conditions by placing an order through the Web Site Order form. By completing the Order Form, the Buyer grants to Ce Gifts & Bears the authority to conduct any credit search which it deems necessary in order to allow for the acceptance and fulfilment of all orders received by us.
1.2 The Contract will be subject to these conditions. All terms and conditions appearing or referred to in the Order or otherwise stipulated by the Buyer shall have no effect. Any variation of the Contract must be confirmed in writing by us. We may revise these terms at any time and without notice at its sole discretion. Any change will take effect immediately after posting on the Web Site and will be deemed to be accepted by Buyers who continue to access the Web Site. For the avoidance of doubt, any Contract will remain subject to the version of the terms on the Web Site at the time the Order is placed and shall not be affected by any subsequent alterations. Any person ordering from the Web Site may print and keep a copy of these terms and conditions.
1.3 Our acceptance of the Order shall be by email confirming the Goods ordered, the price of the Goods, the arrangements for payment, the arrangements for delivery and the packaging and postage charge. The acceptance will be deemed complete and will be deemed for all purposes to have been sent to the Buyer at the time Ce Gifts & Bears send the email to the Buyer (whether or not the Buyer receives that email).
2. PRICES
2.1 The price for the Goods shall be those prices published on the Web Site when the Order is made and is accepted by us in accordance with clause 1.3 above.
2.2 Our current delivery charges and anticipated delivery times are as published on the Web Site and for the purposes of the Contract shall be that information on the Web Site at the time when the Order is made and accepted by Ce Gifts & Bears.
3. TERMS OF PAYMENT
3.1 Payment of the whole of the price of the Goods must be received by us before the Goods are despatched to the Buyer. Ce Gifts & Bears accepts payment from all major credit and debit cards and £ sterling cheques.
3.2 If we do not have sufficient stock of all or some of the Goods in the Order, we shall notify the Buyer by e-mail or telephone informing the Buyer and if payment has been taken, we shall credit the Buyer with the price of the Goods which were unavailable. Ce Gifts & Bears shall use its reasonable endeavours to credit the Buyer as soon as is reasonably practicable but in any event no later than 30 days from the date of the transaction. We will not be obliged to offer any additional compensation for disappointment suffered.
4. CANCELLATION AND RETURNS
4.1 The Buyer may cancel the Contract for any reason in the period of seven (7) working days after the day of delivery of the Goods to the Buyer. To cancel the Contract, the Buyer shall notify Ce Gifts & Bears by email or fax and obtain a returns reference. The relevant Goods must be returned in "as new" condition and securely repackaged. The goods must be returned quoting the reference to
Ce Gifts & Bears
5 Hebden Court,
Matlock Street,
Bakewell,
Derbyshire,
DE45 1EE.
so that Ce Gifts & Bears receives the Goods within fourteen days after the date of delivery. We recommend that the Buyer uses a recorded delivery service. The Goods are returned under this clause at the Buyer's cost and risk.
4.2 The returned goods will be inspected by us and providing the conditions under clause 4.1 are met we shall credit the Buyer account with the price of the Goods as soon as is reasonably practicable but in any event in no later than 30 days from the date of receipt of the returned goods
5. WARRANTY; LIMIT OF RESPONSIBILITY
5.1 Ce Gifts & Bears warrants that it will (at our discretion) either replace the Goods or refund the full purchase price of any Goods which are accepted by Ce Gifts & Bears as being defective or faulty or not in accordance with the Contract within a period of 30 days from despatch of such Goods from us to the Buyer's delivery address ("Warranty Period"), provided that the defect or fault does not arise from fair wear and tear, wilful damage, negligence, failure to follow our or the manufacturer's instructions or through the misuse, alteration or repair of the Goods. After the Warranty Period, refunds/exchanges shall be at the discretion of Ce Gifts & Bears.
5.2 The Buyer's remedies in respect of any claim under the foregoing express warranty or any condition or warranty implied by law or any other claim in respect of the Goods or any workmanship in relation to them (whether or not involving negligence on the part of Ce Gifts & Bears) shall, in all cases, be limited to replacement or refund of the purchase price as aforesaid and any other condition or warranty implied by law shall cease to apply after the expiry of the Warranty Period.
5.3 We shall not be liable to the Buyer for any indirect, consequential or special loss or loss of profits which arises out of or in connection with the supply of Goods except as expressly provided in these conditions.
5.4 We shall not refund the cost of the return charges to the Buyer unless the returned Goods are deemed faulty by us or were originally sent to the Buyer in error.
6. DELIVERY AND COMPLETION DATES
6.1 The delivery times of the Goods shall be those confirmed by us on acceptance of the Order but are intended to be approximate only. We aim to despatch goods within 3 working days of receiving the order. If we are unable to meet the stated expected delivery date, we shall use reasonable endeavours to inform the Buyer of this by e-mail or telephone and give an amended delivery time.
6.2 Ce Gifts & Bears shall aim to meet the delivery times specified in the Order (or any delivery time amended in accordance with clause 6.1) but shall not be liable in any circumstances for the consequences of any delay in delivery or failure to deliver or perform if the duration of the delay is not substantial or if the delay or failure is due to causes beyond Ce Gifts & Bears' reasonable control as set out in clause 8.
7. DAMAGE, SHORTAGE OR LOSS IN TRANSIT
Unless the Contract otherwise stipulates, the risk in the Goods passes to the Buyer when proof of delivery can be provided by Ce Gifts & Bears' nominated carrier.
8. FORCE MAJEURE
In accordance with clause 6.2, Ce Gifts & Bears shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of, of any failure to perform or any delays in performance of, any of our obligations in relation to the Goods, if the delay or failure was due to any cause beyond our reasonable control.
9. INTELLECTUAL PROPERTY
9.1 All the intellectual property rights in the Goods are and shall remain the property of Ce Gifts & Bears and its licensors. For the avoidance of doubt, at no time shall any rights, title or interest in these intellectual property rights pass to the Buyer.
9.2 We permits the Buyer to electronically copy and print in hard copy specific portions of the Web Site for the sole purpose of placing an order with us or using the Web Site as a shopping resource. Any other use of the contents of the Web Site by the Buyer is strictly prohibited.
10. GENERAL
10.1 Ce Gifts & Bears shall be entitled to assign its rights or obligations under the Contract and subcontract any work relating to the Contract without obtaining the consent of, or giving notice to, the Buyer.
10.2 Any notice or other communication to be given under these conditions must be in writing and may be delivered or sent by prepaid first class letter post or facsimile transmission or email. Any notice or document shall be deemed served: if delivered, at the time of delivery; if posted, 48 hours after posting; and if sent by facsimile transmission or email, at the time of receipt of confirmation of correct transmission.
10.3 The invalidity, illegality or unenforceability of any provision of these conditions in any jurisdiction shall not affect the enforceability of the remainder of the other conditions nor shall it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
10.4 No variation of these conditions shall be binding unless agreed between the authorised representatives of Ce Gifts & Bears and the Buyer and has been confirmed in writing by these individuals.
10.5 A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
10.6 The Contract shall be governed by and construed in all respects in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts. The Web Site is designed to comply with English law.
10.7 The Contract and these conditions constitute the entire agreement and understanding between the parties in respect of the subject matter of these conditions and the Buyer acknowledges that it has entered into the Contract in reliance only upon the representations, warranties and premises specifically incorporated in the Contract and the conditions.