Terms and Conditions
These terms and conditions apply to the use of this website at http://www.gbmugs.com/ By accessing this website and/or placing an order for any goods or services we may offer on our website from time to time (“the Products”), you agree to be bound by these terms and conditions. Using this website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us . If you do not accept these terms, do not use this website.
1.1 You will be able to access most areas of this Website without registering your details with Us. Certain areas of this Website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after We have given notice, you should not continue to use this Website.
2. ORDERING FROM US
2.1 You are deemed to place an order with Us by ordering via Our online checkout process. As part of Our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the Products you have ordered.
2.2 Our acceptance of an order takes place when We despatch the order. We will send you a despatch confirmation by email. When We despatch the order the purchase contract will be made even if your payment has been processed immediately, unless We have notified you that We do not accept your order or you have cancelled your order.
2.3 We may refuse to accept an order:
- (a) where Products are not available;
- (b) where We cannot obtain authorisation for your payment;
- (c) if there has been a pricing or product description error; or
- (d) if you do not meet any eligibility criteria set out in Our terms and conditions.
- (e) where We suspect that there is intent to resell purchased products (including but not limited to buying products in large quantities during sales and code stacking).
3.1 All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but We shall show VAT separately and include it in the total price.
3.2 Where We charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in Our specified pricing structure shown elsewhere on this Website. The www.gbmugs.com website is operated by: GB eye Ltd, a company registered in England and Wales, whose registered office is at 1 Russell Street, Kelham Island, Sheffield, South Yorkshire, S3 8RW (“the Company/Our/Us/We”). Our company registration number is 02703490. Our VAT registration number is GB600015520. Our contact details are as follows telephone: 01142767454, trading address: 1 Russell Street, Kelham Island, Sheffield, S3 8RW.
4. CONTRACT STORAGE
5.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and (c) any of Our copyright and trade mark notices and this permission notice appear in all copies.
5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by Us or Our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
5.3 Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Our prior written permission.
5.4 Any rights not expressly granted in these terms are reserved.
6. SERVICE ACCESS
6.1 While We endeavour to ensure that this Website is normally available 24 hours a day, We will not be liable if for any reason this Website is unavailable at any time or for any period.
6.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Our control.
7. VISITOR MATERIAL AND CONDUCT
7.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
© which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
7.3 You may not misuse the Website (including, without limitation, by hacking).
7.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.
8. LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
8.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
- (a) you do not remove, distort or otherwise alter the size or appearance of the GB Posters logo;
- (b) you do not create a frame or any other browser or border environment around this Website;
- (c) you do not in any way imply that We are endorsing any Products or services other than Our own;
- (d) you do not misrepresent your relationship with Us nor present any other false information about Us ;
- (e) you do not otherwise use any GB eye Ltd trade marks displayed on this Website without our express written permission;
- (f) you do not link from a website that is not owned by you; and
- (g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. We expressly reserve the right to revoke the right granted in this clause
8.2 for breach of these terms and to take any action We deem appropriate.
8.3 You shall fully indemnify Us for any loss or damage We or any of our group companies may suffer or incur as a result of your breach of clause 8.2.
9.1 To register with www.gbposters.com you must be over seventeen years of age.
9.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
9.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact Us immediately.
9.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
10.1 While We endeavour to ensure that the information on this Website is correct, We do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the Products and prices described in it, at any time without notice. The material on this Website may be out of date, and We make no commitment to update such material.
10.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, We provide you with this Website on the basis that We exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
11.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
11.2 Nothing in these terms and conditions shall exclude or limit Our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
11.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
11.4 You agree to indemnify Us fully, defend and hold Us , and Our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
11.5 We exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with late delivery or misrouted delivery of any of the products advertised on this website.
12.1 Where the Company is not the manufacturer of the Products, the Company shall endeavour to transfer to you the benefit of any warranty or guarantee given to the Company.
12.2 The Company warrants that (subject to the other provisions of these conditions) on delivery, and for a period of 12 months from the date of delivery, the Products shall:
- (a) be of satisfactory quality within the meaning of the Sale of Goods Act 1979;
- (b) be reasonably fit for purpose; and
12.3 The Company shall not be liable for a breach of any of the warranties unless:
- (a) you give written or emailed notice of the defect to the Company, and, if the defect is as a result of damage in transit to the carrier, within 1 day of the time when you discover or ought to have discovered the defect; and
- (b) the Company is given a reasonable opportunity after receiving the notice of examining such Products and you return such Products to the Company’s place of business at the Company’s cost for the examination to take place there.
12.4 The Company shall not be liable for a breach of any of the warranties in condition 12.2 if:
- (a) you make any further use of such Products after giving such notice; or
- (b) the defect arises because you failed to follow the Company’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Products or (if there are none) good trade practice; or
© you alter or repair such Products without the written consent of the Company.
12.5 Subject to condition 12.3 and condition 12.4, if any of the Products do not conform with any of the warranties in condition 12.2 the Company shall at its option repair or replace such Products (or the defective part) or refund the price of such Products at the pro rata Contract rate provided that, if the Company so requests, you shall, at the Company’s expense, return the Products or the part of such Products which is defective to the Company.
12.6 If the Company complies with condition 12.5 it shall have no further liability for a breach of any of the warranties in condition 12.2 in respect of such Products.
12.7 Any Products replaced shall belong to the Company and any repaired or replacement Products shall be guaranteed on these terms for the unexpired portion of the 12 month period.
13 RIGHT TO CANCEL
13.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. You may also cancel a Contract before We have dispatched Products by informing Us in writing or by emailing email@example.com. In these circumstances, you will receive a full refund of the price paid for the Products or an exchange credit in accordance with Our refunds policy.
13.2 To cancel a Contract, you must inform us in writing or by emailing firstname.lastname@example.org. You must also return the Product(s) to us immediately, in the same condition in which you received them including all original packaging, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, We may have a right of action against you for compensation.
13.3 If you are sent incorrect Products by us, you must provide us with written or emailed notice of our error within 3 days of receipt and return the Products to us within 7 days. On doing so, you will receive a full refund of the price paid.
13.4 This provision does not affect your statutory rights.
14.OUR REFUNDS POLICY
14.1 When you return a Product to Us :
(a) because you have cancelled the Contract between Us within the seven-day cooling-off period, We will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, We will refund the total order, including outbound delivery charges in full.
(b) However, you will be responsible for the cost of returning the item to Us .
© for any other reason (for instance, because you do not agree to Our policies, or because you claim that the Product is defective), We will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day We confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to Us. Products returned by you because of a defect are not refundable where they have been used by you.
(d) In the alternative to providing you with a refund in respect of Products you return to Us We reserve the right to provide you with an exchange credit.
14.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
15. GOVERNING LAW AND JURISDICTION
15.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
15.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws
16.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
16.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
16.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
16.4 You may not purchase any products from www.gbmugs.com with the intention of reselling the products.
17. FORCE MAJEURE
17.1 We are not liable for failure to perform the our obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, severe weather, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, internet or telephone service.
17.2 If a party asserts Force Majeure as an excuse for failure to perform the party’s obligation, then the nonperforming party must prove that the party took reasonable steps to minimise delay or damages caused by foreseeable events, that the party substantially fulfilled all non-excused obligations, and that the other party was timely notified of the likelihood or actual occurrence of an event described in Clause 17 (Force Majeure).