Terms & Conditions
This agreement applies as between you, the User of this Web Site and GCH Fishmongers Ltd, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
|“Account”||means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;|
|“Carrier”||means any third party responsible for transporting purchased Goods from our Premises to customers;|
|“Content ”||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;|
|“Goods”||means any products that GCH Fishmongers Ltd advertises and / or makes available for sale through this Web Site;|
|“GCH Fishmongers Ltd ”||means GCH Fishmongers Ltd, 2 Newnham Street, Bedford|
|“Service ”||means collectively any online facilities, tools, services or information thatGCH Fishmongers Ltd makes available through the Web Site either now or in the future;|
|“Payment Information”||means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;|
|“Purchase Information”||means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;|
|“Premises”||Means our place(s) of business located at 2 Newnham Street, Bedford|
|“System ”||means any online communications infrastructure that GCH Fishmongers Ltd makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;|
|“User” / “Users”||means any third party that accesses the Web Site and is not employed byGCH Fishmongers Ltd and acting in the course of their employment; and|
|“Web Site”||means the website that you are currently using and any sub-domains of this site unless expressly excluded by their own terms and conditions.|
2. Age Restrictions
We are unable to sell certain items to persons under the age of 18, by placing an order and agreeing to our terms and conditions you are declaring that you are over the age of 18.
3. Business Customers
These Terms and Conditions DO NOT apply to customers buying Goods in the course of business. If you are a business customer, please contact our sales team on firstname.lastname@example.org or call us.
4. Intellectual Property
4.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of GCH Fishmongers Ltd, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
4.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by GCH Fishmongers Ltd.
5. Third Party Intellectual Property
5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
6. Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
7. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of GCH Fishmongers Ltd or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site (www.gchfishmongers.co.uk) without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of GCH Fishmongers Ltd . To find out more please contact us by email at email@example.com
9. Use of Communications Facilities
9.1When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
9.1.1 You must not use obscene or vulgar language;
91.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3 You must not submit Content that is intended to promote or incite violence;
9.1.4 It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
9.1.6 You must not impersonate other people, particularly employees and representatives of GCH Fishmongers Ltd or our affiliates; and
9.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
9.2 You acknowledge that GCH Fishmongers Ltd reserves the right to monitor any and all communications made to us or using our System.
10.1 GCH Fishmongers Ltd shall not be liable for any failure to deliver the products arising from circumstances outside their control.
10.1 GCH Fishmongers Ltd liability for any loss (and/or damage) whether direct or indirect, consequential or howsoever caused shall be limited either to the cost of the products or the replacement of the products.
11.1 In order to purchase Goods on this Web Site you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:
11.1.1 all information you submit is accurate and truthful;
11.1.2 you have permission to submit Payment Information where permission may be required; and
11.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
11.2 It is recommended that you do not share your Account details, particularly your username and password. GCH Fishmongers Ltd accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
11.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact GCH Fishmongers Ltd immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, GCH Fishmongers Ltd accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
11.4 When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.
12. Termination and Cancellation
12.1 Either GCH Fishmongers Ltd or you may terminate your Account. If GCH Fishmongers Ltd terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
12.2 If GCH Fishmongers Ltd terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
12.3 GCH Fishmongers Ltd reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
12.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
12.5 If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
13. Goods, Pricing and Availability
13.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available fromGCH Fishmongers Ltd correspond to the actual Goods, GCH Fishmongers Ltd is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.
13.2 Where appropriate, you may be required to select the required [size] and [quantity] of the Goods that you are purchasing.
13.3 GCH Fishmongers Ltd does not represent or warrant that such Goods will be available. Stock indications are not provided on the Web Site
13.4 All pricing information on the Web Site is correct at the time of going online. GCH Fishmongers Ltd reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated continually.
13.5 In the event that prices are changed during the period between an order being placed for Goods and GCH Fishmongers Ltd processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
14.1 GCH Fishmongers Ltd will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
14.2 GCH Fishmongers Ltd will accept no responsibility for loss, whether direct or indirect, for failure or late delivery of the goods consequential or howsoever caused shall be limited either to the cost of the products or the replacement of the products.
14.2 If GCH Fishmongers Ltd receives no communication from you, within 3 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
15. Returns Policy
15.1 GCH Fishmongers Ltd aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
15.2 If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 2 days to arrange collection and return. GCH Fishmongers Ltd will be responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
15.3 If any Goods you have purchased have faults when they are delivered to you, you should contact GCH Fishmongers Ltd within 2 days to arrange collection and return. GCH Fishmongers Ltd is not responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
15.4 If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to GCH Fishmongers Ltd within 2 days and arrange collection and return. GCH Fishmongers Ltd will be responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
15.5 If you wish to return Goods to GCH Fishmongers Ltd for any of the above reasons, please contact us on firstname.lastname@example.org to make the appropriate arrangements.
15.6 GCH Fishmongers Ltd reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
15.6.1 Any use or enjoyment that you may have already had out of the Goods;
15.6.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
15.6.3 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law.
16.1 GCH Fishmongers Ltd makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
16.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
16.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
16.4 GCH Fishmongers Ltd endeavours to maintain the accuracy of all information provided to you on this website, but if we identify any errors or omissions we will rectify these immediately.
16.5 General and unlabelled pictures on this website are understood to illustrate serving suggestions or ideas for the products. Many of the pictures featured are of actual products. Product brands, unless stated, may vary from those pictured occasionally, but we always match with a comparable or more premium brand.
17. Changes to the Service and these Terms and Conditions
GCH Fishmongers Ltd reserves the right to change the Web Site, its Content, prices, descriptions or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If GCH Fishmongers Ltd is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
18. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
GCH Fishmongers Ltd accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
19. Limitation of Liability
19.1 To the maximum extent permitted by law, GCH Fishmongers Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
19.2 Nothing in these Terms and Conditions excludes or restricts GCH Fishmongers Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of GCH Fishmongers Ltd .
19.3 Nothing in these Terms and Conditions excludes or restricts GCH Fishmongers Ltd’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.
19.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
20. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
21. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Law and Jurisdiction
These terms and conditions and the relationship between you and GCH Fishmongers Ltd shall be governed by and construed in accordance with the Law of England and Wales and GCH Fishmongers Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
PLEASE CONTACT US IF YOU NEED ANY FURTHER CLARIFICATION
For trade customers;
Invoices are sent to the delivery address along with the goods. Deliveries are accompanied by a manifest which needs to be signed on receipt of goods. Statements, however, can be sent to a separate address if required.
While we endeavour to maintain the prices and specifications as advertised GCH Fishmongers Ltd reserves the right to alter them without prior notice, please check when ordering.
We would be pleased to open a weekly or monthly account on receipt of a completed credit application form, to be found on this site, in the back of our brochure, or available upon request and pending receipt by the company of satisfactory trade references. Once an account has been established payment of any monies due will be made within 7 days of statement date. We are pleased to accept BACS payment and direct debits. All goods remain the property of GCH Fishmongers Ltd until paid in full. We reserve the right to charge interest at 2% over base rate per month on all overdue accounts.
Deliveries made by our own vehicles are accompanied by a manifest which must be signed for as the goods being received in good condition. Whilst we do our utmost to deliver as quickly as possible, due to road traffic, weather conditions and volumes of orders it is impossible for us to give a timed delivery on any specific day but we will always do our best.
Deliveries made by our couriers will be made at any time of the day before 6.00pm and will be accompanied by a proof of delivery which must be signed in order for the driver to leave the goods, unless previously instructed otherwise. If you have not had time to check your goods, then please sign the proof of delivery ‘Un checked’.
We can arrange for a timed delivery via courier – before 10am – before midday – even same day! although this would incur an additional charge.
Any claims must be notified within 24 hours. Damaged or incorrect goods must be retained for our collection or inspection and a credit note issued either by our delivery driver or via the sales office. No liability, other than the value of the goods, is accepted for non-delivery or late delivery of goods ordered from GCH Fishmongers Ltd, its agents or servants.
We would be pleased to accept cash on delivery for local deliveries until an account is set up, but cannot accept cash on delivery for courier deliveries, although we would be pleased to Accept Visa, MasterCard or Switch/Maestro for payment of goods or to settle accounts; Please contact our accounts office for details.