Supply of Goods
These terms do not cover the sale of any products listed on our site where such products are sold by other users of our site (e.g. traders or shops who use our site to sell their products).
These Terms will apply to any contract between us for the sale of Products to you (“Contract“). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
INFORMATION ABOUT US
- We operate the website www.propergoose.com. We are Proper Goose limited, a limited company registered in England and Wales under company number 09119257 and have our registered office at Karno House, Hampton Court Road, East Molesey, KT8 9BP. Our main trading address is Proper Goose Ltd, Gander House, 85 Island Farm Road, West Molesey, Surrey, KT8 2LN. Our VAT number is 196 5046 80.
Contacting us if you are a consumer:
- If you wish to contact us for any reason, including because you have any complaints, you can contact us by e-mailing us at email@example.com.
- If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you have provided to us in your order.
- Contacting us if you are a business. You may contact us by e-mailing us at firstname.lastname@example.org. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 18.3.
- Contacting us if you are a consumer:
- 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.
- USE OF OUR SITE
Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
HOW WE USE YOUR PERSONAL INFORMATION
- Privacy Terms
We do not store credit card details on our site, on any IT or other computer systems nor do we share customer details with any 3rd parties.
- IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
- If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
- IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
- If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
- These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
- You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
- You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- Our site pages will guide you through the steps you need to take to place an order with us. Our 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. If you upload any material you will be asked to confirm that such material is to your satisfaction and you acknowledge and agree that the quality of the material as depicted on the end product is dependent on the quality of the material you have uploaded.
- After you place an order, you may 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. Our acceptance of your order will take place as described in clause 7.3.
- You will receive an email from either us or Paypal which confirms our acceptance of your order and that payment has been taken (“Acceptance Confirmation“). The Contract between us will only be formed when we or Paypal send you the Acceptance Confirmation.
- 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 we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 14.5 we will inform you of this and we will not process your order. If you have already paid for the Products, we or Paypal will refund you the full amount including any delivery costs charged as soon as possible.
OUR RIGHT TO VARY THESE TERMS
- We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
- Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
- YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 9 only applies if you are a consumer.
- If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
- However, this cancellation right does not apply in the case of a Contract for the supply of goods that are made to your specifications or are clearly personalised.
- Your legal right to cancel a Contract starts from the date of the Acceptance Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
|Your Contract||End of the cancellation period|
|Your Contract is for a single Product (which is not delivered in instalments on separate days).||The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with an Acceptance Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
|Your Contract is for either of the following:
one Product which is delivered in instalments on separate days.
multiple Products which are delivered on separate days.
|The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with an Acceptance Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
|Your Contract is for the regular delivery of a Product over a set period.||The end date is 14 days after the day on which you receive the first delivery of the Products.
Example: if we provide you with an Acceptance Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
- To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. You may use a copy of the form which is attached at the back of these Terms as a schedule.
- If you cancel your Contract we will:
- refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund 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.
- refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 working days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
- if you have received the Product: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 9.8;
- if you have not received the Product: 14 days after you inform us of your decision to cancel the Contract.
- If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
- We or Paypal will refund you on the credit card or debit card used by you to pay.
- If a Product has been delivered to you before you decide to cancel your Contract:
- then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Our returns address is: Proper Goose Ltd, Gander House, 85 Island Farm Road, West Molesey, Surrey, KT8 2LN.
- unless the Product is faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.
- Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
- We may contact you with an estimated delivery date. Delivery of an Order shall be completed when we or our carrier, Royal Mail, deliver the Products to the address you gave us and the Products will be your responsibility from that time.
- You own the Products once we have received payment in full, including all applicable delivery charges.
This clause 10.4 only applies if you are a consumer.
- If we miss the delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
- we have refused to deliver the Products;
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- you told us before we accepted your order that delivery within the delivery deadline was essential.
- If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.4, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
- If you do choose to cancel your Order for late delivery under clause 10.4 or clause 10.5, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
- If we miss the delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
- We do deliver to many countries around the world (“International Delivery Destinations“). However, you will need to make an application to us directly by email if you wish to place an order for delivery of any Products to an International Delivery Destination. Please contact us at the following email address for further information and to make such an application: email@example.com. There may be restrictions on some Products for certain International Delivery Destinations.
- If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
- You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
- You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
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. However please see clause 14.5 for what happens if we discover an error in the price of Product(s) you ordered.
- 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 includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
- 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. If you are making an order for delivery to an International Delivery Destination the costs of such delivery will be advised to you following your application made under clause 11.1.
- Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
HOW TO PAY
- You can pay for Products using a debit card, credit card or BACS transfer.
- Payment for the Products and all applicable delivery charges is in advance and in full.
- You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below.
- Our content standards apply to any and all material which you upload to our site (“Uploaded Material”) for us to use in producing certain personalised products for you. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any Uploaded Material as well as to its whole.
- Our content standards are as follows. Uploaded Material must not:
- Infringe any copyright, trade mark or other intellectual property right of any other person. Essentially you must have right to give us the right to use the Uploaded Material in the production of any products for you. If you are in doubt do not upload the material. We may request written evidence of your right to use the Uploaded Material.
- Contain any sexually explicit material.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Contain any material which is defamatory of any person.
- Promote violence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- We will determine, in our discretion, whether there has been a breach of this acceptable use clause. Failure to comply with this acceptable use clause constitutes a material breach of these Terms. If you fail to comply with this acceptable use clause:
- We may withdraw your right to use our site and/or refuse to use any Uploaded Material.
- You agree that you will reimburse us for any costs and/or damages incurred by us as a result of your failure to comply with this acceptable use clause. This includes, but is not limited to, such costs and/or damages paid by us to any third party in relation to the infringement of that third party’s intellectual property rights through our use of the Uploaded Material.
- We may take such further action as is necessary in the circumstances.
- You may use our site only for lawful purposes. You may not use our site:
- OUR LIABILITY IF YOU ARE A BUSINESS
This clause 15 only applies if you are a business customer.
- Nothing in these Terms limits or excludes our 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 (title and quiet possession); or
- defective products under the Consumer Protection Act 1987.
- Subject to clause 15.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
- Subject to clause 15.1, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products.
- Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
- Nothing in these Terms limits or excludes our liability for:
- OUR LIABILITY IF YOU ARE A CONSUMER
This clause 16 only applies if you are 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 breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
- We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; 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; of satisfactory quality; fit for any particular purpose made known to us; and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
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 a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
- An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or postal services or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under a Contract 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 you are a Consumer, you may cancel a Contract affected by an Event Outside Our Control which has continued for more than 60 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
COMMUNICATIONS BETWEEN US
- When we refer, in these Terms, to “in writing”, this will include e-mail.
- If you are a consumer you may contact us as described in clause 1.2.
If you are a business:
- Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
- A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
- 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.
- The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
OTHER IMPORTANT TERMS
- We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
- You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
- This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
- Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- If you are a consumer, you should be aware that there is an Online Dispute Resolution platform and it may be possible to use this platform to resolve disputes. A link to the ODR platform is provided at the bottom of the pages on our site.
[Note: you need to include a link to the ODR platform on your website pages and also include a link to the ODR platform in any emails sent to the consumer offering goods or services.
The ODR platform is at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN
- If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
- If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
- If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
MODEL CANCELLATION FORM
To Proper Goose Ltd, Gander House, 85 Island Farm Road, West Molesey, Surrey, KT8 2LN.
Tel: 020 8941 3481
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
© Crown copyright 2013.