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General Conditions of Sale

1. DEFINITIONS AND LAW

These General Conditions of Sale set out the details about your agreement with us in relation to your purchase of the Goods from us. Please read these Conditions carefully before you submit your order to us. These terms tell you who we are, how we will provide Goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

“We” and “Us” means GAP Group Limited, a company registered in England under company number 00198823 and having its registered office at Gap Group Blenheim Place, Dunston Industrial Estate, Gateshead, Tyne And Wear, NE11 9HF.

“You” means the buyer of the Goods.

The “Goods” means all goods to be sold by us to you.

The “Recipient” means the individual, firm, company, corporation or public authority to whom the Goods are delivered, when it is not you.

These Conditions exclude any terms and conditions you may have put forward in relation to your purchase of the Goods from us, except where we have agreed to any amendments or other conditions in writing. These Conditions do not affect the statutory rights of a person dealing as a consumer as defined by the Consumer Rights Act 2015 or any statutory modification of that Act. Our contract with you will be governed by and interpreted in accordance with English Law. If you are a consumer and you live in the EU, you can bring legal proceedings in respect of the Goods in the country where you live.

2. WHEN THE CONTRACT COMES INTO BEING

Our contract with you comes into being when you have placed an order giving details of your requirements and have agreed to be bound by these Conditions and we have confirmed acceptance of your order by issuing to you an order confirmation email.

If we are unable to accept your order, we will inform you of this and will not charge you for the Goods. This might be because the product is out of stock, because we have identified an error in the price or description of the Goods or because we are unable to meet a delivery deadline you have specified.
We will give an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3. PRICE AND PAYMENT

The price of the Goods (which includes VAT) will be the price indicated on the order pages when you placed your order.

We accept payment by Visa, Delta, Electron, MasterCard, Eurocard, Maestro and American Express card or from a PayPal account. Please see our Payments methods page for further information.
Your debit or credit card will be charged or your PayPal account will be debited (as appropriate) before we dispatch the Goods to you. If we are not able to fulfil your order for any reason and we have taken payment from you, your debit or credit card will be refunded or your PayPal account will be credited (as appropriate).

4. DELIVERY

The costs of delivery will be as displayed to you on our website. After placing an order you will be contacted by us during the next working day to arrange delivery of the Goods. All times we quote for delivery are approximate. Please see our Delivery page for further information.

5. RESPONSIBILITY FOR AND OWNERSHIP OF THE GOODS

Responsibility for the Goods will pass to you immediately on delivery of the Goods to you or to the Recipient at the address you gave us.
Ownership of the Goods will pass to you immediately on delivery of the Goods to you or to the Recipient at the address you gave us.

6. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER

The following provisions of this paragraph 6 will apply to you if you are buying Goods from us as a consumer.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

Without prejudice to your statutory rights, we cannot accept liability for any failure by you to comply with specific instructions that may be stated on our website or notified to you from time to time.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes (i) liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; (ii) for fraud or fraudulent misrepresentation; (iii) for breach of your legal rights in relation to the products, including the right to receive products which are as described and match information we provided to you and any sample or model seen or examined by you, are of satisfactory quality, are fit for any particular purpose made known to us, are supplied with reasonable skill and care and, where installed by us, correctly installed; and (iv) for defective products under the Consumer Protection Act 1987.

7. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS

The following provisions of this paragraph 7 will apply to you if you are buying Goods from us as a business.

Nothing in these Conditions shall exclude us from liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 or any other type of liability which cannot be excluded or limited by operation of law.

We will not be liable to you whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any loss of profits, business or business opportunity, goodwill, anticipated savings or any special, indirect or consequential loss suffered by you that arises under or in connection with our contract with you.

Our total liability arising under or in connection with these Conditions will not exceed the total sums paid or payable by you to us for the Goods.

8. DELAYS OUTSIDE OUR CONTROL

If our supply of the Goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

9. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the Goods you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Goods, the timing of delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

10. YOUR RIGHTS TO END THE CONTRACT

Your rights if you end the contract will depend on what you have bought, whether there is anything wrong with it and when you decide to end the contract and whether you are a consumer or business customer.

10.A. If what you have bought is faulty or misdescribed you may have a legal right to end the contract.

If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

Summary of your key legal rights if you are a consumer
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, for example fencing, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Goods your legal rights entitle you to the following:

a) Up to 30 days: if your Goods are faulty, then you can get a refund.

b) Up to six months: if your Goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

c) Up to six years: if your Goods can be expected to last up to six years you may be entitled to repair or replacement or, if that doesn’t work, some of your money back.

Summary of your key legal rights if you are a business customer

If you are a business customer we warrant that on delivery any Goods shall:

(a) conform in all material respects with their description and any relevant specification; and

(b) be free from material defects in design, material and workmanship.

Subject to the paragraph below, if:

(a) you give us notice in writing within a reasonable time of discovery that Goods do not comply with the warranty set out in this Summary;

(b) we are given a reasonable opportunity of examining such product; and

(c) you return such product to us at our cost,

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

We will not be liable for a Good’s failure to comply with the warranty in this Summary if:

(a) you make any further use of such product after giving us notice in writing within a reasonable time of discovery that Goods do not comply with the warranty set out in this Summary;

(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;

(c) the defect arises as a result of us following any drawing, design or specification supplied by you;

(d) you alter or repair the Good without our written consent; or

(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

Except as provided in this Summary, we shall have no liability to you in respect of a Good’s failure to comply with the warranty set out in this Summary.

10.B. If you want to end the contract because of something we have done or have told you we are going to do.

If you are ending a contract for a reason set out below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

  • We have told you about an error in the price or description of the Goods you have ordered and you do not wish to proceed;
  • There is a risk that supply of the Goods may be significantly delayed because of events outside our control;
  • You have a legal right to end the contract because of something we have done wrong.

10.C. If you are a consumer and have just changed your mind about the Goods

For most products bought online where you are a consumer, you have a legal right to change your mind within 14 days and receive a refund. You do not have a right to change your mind in respect of:

  • Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
  • Sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
  • Any products which become mixed inseparably with other items after their delivery.

Unless one of the exceptions above applies, if you are a consumer you can cancel your order without giving any reason within 14 days from the day on which you received the Goods.

10.D. Ending the contract where we are not at fault and there is no right to change your mind.
If you do not have any other rights to end the contract, you can still contact us before it is completed and tell us you want to end it. If you do, the contract will end immediately and we will refund any sums paid by you for the Goods not provided, but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of you ending the contract.

11. RETURNING GOODS AFTER ENDING THE CONTRACT

If you end the contract for any reason after Goods have been despatched to you or you have received them, you must allow us to collect them from you. Please call customer services on 0330 041 1718 or email us at [email protected] to arrange collection.

We will pay the costs of return if (i) the Goods are faulty or misdescribed, or (ii) if you are ending the contract because we have told you of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong, or (iii) you are a consumer who has had the Goods delivered to their home and the Goods are, by their nature, not capable of being returned by post. In all other circumstances you must pay the costs of return.

Please note that if you are responsible for the costs of return and we are collecting the Goods from you, the collection charge will be the same as the delivery charge when you purchased the Goods. This will be deducted from your refund value.

We will refund you the price you paid for the Goods (including delivery costs if you are a consumer), by the method used for payment. However, if you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

Your refund will be made within 14 days from the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us.
In all other cases, your refund will be made within 14 days of you telling us you have changed your mind.
Please see our Returns policy page for further information on how to end the contract with us (including if you have changed your mind) and the cost of arranging a return.

12. HOW WE MAY USE YOUR PERSONAL INFORMATION

We will use the personal information you provide us:

  • To supply the Goods to you;
  • To process your payment for the Goods; and
  • If you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.

Please see our Privacy Policy for more information on how we share your information.

13. RIGHTS RESERVED

Any failure by us to enforce any or all of these Conditions shall not amount to or be interpreted as a waiver of any of our rights.

14. SEPARATE TERMS VALIDITY AND HEADINGS

If any term in this contract is held invalid, this shall not affect the validity of the remaining terms. The headings in these Conditions are for reference purposes only and shall not affect the interpretation of these Conditions.

15. NOBODY ELSE HAS ANY RIGHTS UNDER THIS CONTRACT

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

16. HOW TO CONTACT US

Please see our Contact Us page to find out how to contact us.

17. HOW WE MAY CONTACT YOU

If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

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