TERMS OF WEBSITE USE
RELIANCE ON INFORMATION POSTED & DISCLAIMER
The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such. We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this site.
INFORMATION ABOUT US
IndiaGabrielle.co.uk is a site operated and owned by India Gabrielle (“we”).
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
INTELLECTUAL PROPERTY RIGHTS
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
• loss of income or revenue;
• loss of business; • loss of profits or contracts;
• loss of anticipated savings;
• loss of data; • loss of goodwill;
• wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
LINKS FROM OUR SITE
JURISDICTION AND APPLICABLE LAW
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 reflect the colour of the Products. Your Products may vary slightly from those images. The packaging of the Products may vary from that shown on images on our site.
We reserve the right not to accept any order for our Products if for any reason we are not entirely satisfied that such a sale would be appropriate.
Whether you place your order online or by telephone the Products available will be those displayed on our website at any time. However, on occasion we may have to advise you if a particular Product is not available at that time for any reason.
Our online shop pages will guide you through the steps you need to take to place an order with us. Our online 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.
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.
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 of an error in the price on our site, 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 and by automatic bank transfer or refund to the bank account or credit or debit card which you used for the original payment.
As delivery depends on stock levels and availability from some of the manufacturers/suppliers we will either provide you with estimated delivery dates (it may not be the same for all Products in your order) as part of the Dispatch Confirmation or shortly thereafter.
Occasionally our delivery to you may be affected by an Event Outside Our Control.
If no one is available at your address Royal Mail or the chosen courier will leave a card with instructions as to where you can collect the parcel.
Delivery of an Order shall be completed when we deliver the Products to the address you gave us or you or a carrier organised by you to collect them from us and the Products will be your responsibility from that time.
You own the Products once we have received payment in full in cleared funds, including all applicable delivery charges.
PRICE OF PRODUCTS AND DELIVERY CHARGES
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.
Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
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 and will vary according to the Products ordered and the delivery address in each case.
Our site contains a large number of Products. It is always possible that, despite our 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 correct prices are applied. If we identify an error in the price charged for your order we will contact you to inform you of the error and of the correct price. You may then confirm whether you are happy to proceed with the order at the correct price and to pay to us, or receive from us the difference. If further payment is required from you we will not dispatch your order until the further payment has been received by us in cleared funds. If you do not wish to pay any additional amount, or if we cannot contact you we reserve the right to treat your order as cancelled and to refund you any amounts which you have already paid.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an event outside our control.
An event outside our control means any act or event beyond our reasonable control, such as strikes, industrial action by third parties, terrorist attack or threat of terrorist attack, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an event outside our control takes place that affects the performance of our obligations under these Terms:
We will contact you as soon as reasonably possible to notify you; and
Our obligations under these Terms 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.
If an event outside our control continues for more than 6 weeks either you or we may cancel the Contract.
If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org.
Thank you for visiting our site.