Terms and Conditions
Please read the below. In using this website you are deemed to have read and agreed to the following Terms and Conditions:
The following words and phrases have the corresponding meanings:
"We" and "us" refers to G W Thomson
"You" refers to the individual using the website
?The website? refers to the G W Thomson website, www.gwthomson.co.uk
1.1 Welcome to our website www.gwthomson.co.uk (the "Website" or the "site")
1.2 These Terms tell you the terms and conditions on which we supply any of the products ("Products") listed on our website to you. The following terms and conditions apply when you order Products from our site. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
1.3 If you find yourself unable to agree to these terms and conditions please do not use our ordering service and we ask that you do not proceed to purchase any Products listed on the site.
1.4 You will be required to confirm that you accept these terms and conditions when you order any Products from our site. Please click on the relevant button at the point of registration if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site
2. INFORMATION ABOUT US
2.1 gwthomson.co.uk is a site operated by G W Thomson Jewellers. Our company number is SC499010 and our registered office is at 123 Irish Street, Dumfries, DG1 2PE. Our main trading address is 43 Bank Street, Dumfries DG1 2PA. Our VAT number is 263 4229 66.
3. SERVICE AVAILABILITY
3.1 Our site is only intended for use by people who require delivery on the UK Mainland. If you are not on the UK mainland, please give us a call so we may calculate the delivery charges for you to consider before proceeding with an order.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 Your placing an order via the Website constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that contains a VAT invoice and confirmation of our acceptance of your order (the "Order Acceptance"). The contract between us ("Contract") will only be formed when we send you the Order Acceptance, whether or not you receive such email.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Order Acceptance. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Acceptance.
5. AVAILABILITY AND DELIVERY
5.1 In normal circumstances
(a) We will deliver an order within the agreed period, but we cannot be held liable for any loss caused by late delivery. If we do deliver late you are not entitled to regard this as a breach of contract.
(b) Goods will be delivered to the delivery address supplied by you. You are considered to have given authority to accept a delivery on your behalf to any person who actually accepts delivery at the delivery address.
(c) If we, or any agent on our behalf, cannot deliver to the delivery address then we may either store the goods and deliver at a later date or return the goods to stock and deliver similar goods later.
(d) If we deliver in instalments to you, then each instalment is a separate contract. If payment in full is not made to us at the proper time for orders which have already been delivered, then we may withhold or cancel delivery of any other of your orders which have not yet been delivered.
(e) Our prices exclude delivery or transport charges, insurance in transit and taxes. We will charge you extra for transport, packaging taxes and insurance as applicable.
5.2 If we cannot deliver your order within the period specified in your Order Acceptance then we will contact you and you may choose to cancel your order and we will provide you, in those circumstances, with a full refund.
5.3 We will always need a signature on delivery of all Products.
6. RISK AND TITLE
6.1 The Products will be at your risk from the time of delivery.
6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of:
6.2.1 such Products (including delivery charges) and
6.2.2 all other sums which are or which become due to us from you for sales of Products (including delivery charges) through our Website.
6.3.3 Do not remove, deface or obscure any identifying mark or packaging on or relating to such Products.
6.4 If before title to Products passes to you:-
6.4.1 you fail to pay any amount due to us for Products on the due date for payment or
6.4.2 you suspend, or threaten to suspend, payment of your debts or you are or are deemed to be insolvent, bankrupt, unable to pay your debts as they fall due for payment, or you admit inability to pay your debts or are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1996, or you commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or you enter into any composition or arrangement with your creditors generally or
6.4.3 an order is made, a resolution is passed, or a notice is issued convening a meeting for the purpose of passing a resolution, or any analogous proceedings are taken, for your winding-up, administration or dissolution or
6.4.4 any liquidator, trustee in bankruptcy, receiver, administrative receiver, administrator or similar officer is appointed over, or in respect of, you or any part of your business or assets
then without limiting any other right or remedy that we may have, we may at any time require you to deliver up such Products and, if you fail to do so promptly, we may enter any of your premises where the relevant Products are stored in order to recover them.
7. PRICE AND PAYMENT
7.1 The price of any Products will be as quoted on our site, however prices are liable to increase at any time to cover ourselves if manufacturers increase their prices.
7.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Acceptance.
7.3 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
7.4 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Acceptance, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
7.5 Payment for all Products ordered through the website must be by credit, debit card or paypal. We accept payment with Mastercard, Visa, Visa Electron, Visa Debit.
7.6 Price Match. We only match authorised stockists and genuine products. This stockist should have the item in question in stock and ready for delivery. G W Thomson reserves the right to refuse any price match request without reason.
8. OUR LIABILITY
8.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
8.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
8.3 This does not include or limit in any way our liability:
8.3.1 Under section 2(3) of the Consumer Protection Act 1987
8.3.2 For fraud or fraudulent misrepresentation or
8.3.3 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
8.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
8.4.1 loss of income or revenue
8.4.2 loss of business
8.4.3 loss of profits or contracts
8.4.4 loss of anticipated savings
8.4.5 loss of data, or
8.4.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise provided that this condition 8.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of condition 8.1 or 8.2 or any other claims for direct financial loss that are not excluded by any of categories in condition 8.4.
9. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
10.1 Save as set out in these terms, all notices given by you to us must be given to email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
11. TRANSFER OF RIGHTS AND OBLIGATIONS
11.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
11.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
11.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
12. EVENTS OUTSIDE OUR CONTROL
12.1 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 events outside our reasonable control ("Force Majeure Event").
12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
12.2.1 Strikes, lock-outs or other industrial action.
12.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
12.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
12.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.2.5 Impossibility of the use of public or private telecommunications networks.
12.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
12.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
13.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
13.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
13.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with condition 12.
14.1 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15. ENTIRE AGREEMENT
15.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
15.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
15.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
16. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
16.1 We have the right to revise and amend these terms and conditions from time to time.
16.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Acceptance (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
17. LAW AND JURISDICTION
17.1 Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Scottish law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Scotland.
TERMS OF BUSINESS FOR THE USE OF OUR WEBSITE
1. ACCESSING THE SITE
1.1 From time to time, we may restrict access to some parts of the site, or the entire site.
1.2 You are responsible for making all arrangements necessary for you to have access to the site. You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these terms, and that they comply with them.
2.1 G W Thomson is the owner of all intellectual property rights in the site and the material published on it. The following uses of the material on the site are permitted:
downloading and printing out extracts of material from the site for non-commercial, personal use only
2.2 Any other proposed use of the material is subject to the prior written approval of G W Thomson unless otherwise permitted under the Copyright, Designs and Patents Act 1988.
2.3 Without prejudice to the foregoing, you may not copy, reproduce, distribute, republish, download, display, post or transmit any material on the website.
3.1 Copyright in all the photography on the site belongs to G W Thomson unless otherwise stated. Photographs may not be copied, used or reproduced by any means or in any format (including other web sites) without the prior permission of the copyright holder.
3.2 Other images and video, copyright in non-photographic images and video material on the site belongs to various owners and permission to reproduce or use any such image or video material must first be obtained from G W Thomson.
4. LINKING TO THE SITE
4.1 You may link to any part of the site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, patronage, approval or endorsement where none exists without first obtaining our consent.
Thank you for visiting the G W Thomsons website.