Products are only able to be purchased in Australian dollars (AUD) and are inclusive of GST.
TERMS & CONDITIONS
The terms and conditions apply to the use of the all Gainsborough websites. By placing an order with us, you are agreeing to accept these terms and conditions (The Conditions). Please note, these terms and conditions can potentially change at any time, and it is your responsibility to check these terms and conditions regularly before ordering products in case there are any changes. If you do not agree with the terms and conditions set out below, you should not use or access these websites. If you have any queries relating to our terms and conditions, please contact the Customer Service team before placing an order.
The following terms and conditions will apply between you and Gainsborough, when you purchase an item from Gainsborough the terms do not affect your statutory rights.
- Your contract for purchases made through Gainsborough is with Gainsborough and you undertake that all goods ordered by you are for your own private and domestic use only and are not for resale.
- You must be eighteen years old or above to use this site. If you are under eighteen, you may only use the site in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the site.
- You warrant that all details you provide to Gainsborough for the purpose of ordering or purchasing goods are true, accurate, current and complete in all respects; and that the credit or debit card you are using is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered.
- You agree that e-mail can be used as a long-distance means of communication.
- If there are any changes to the details supplied by you it is your responsibility to inform Gainsborough as soon as possible.
- It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.
- Gainsborough reserves the right to terminate our agreement with you and to suspend or terminate your access to the site immediately and without notice to you if:-
- you fail to make payment to us when due
- you breach any of our terms and conditions
- when requested by us to do so, you fail to provide within a reasonable time frame, sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
- we suspect you have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity on Gainsborough
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
When placing an order, you warrant that any and all information given is accurate and complete.
- All orders are subject to acceptance and product availability.
- Availability information for products is listed on each individual product description. If Gainsborough has insufficient stock to deliver the goods you have ordered, we will not charge your credit or debit card until the items are back in stock and ready to be dispatched.
- All prices listed on Gainsborough are correct at the time of entering the information; however, we reserve the right to change prices of any product at any time. All prices include sales tax.
- No contract for the sale of any product will exist between you and Gainsborough until we accept your order by dispatching the product to you. When this happens we will confirm the acceptance by sending you an email.
- This confirmation email will be sent to the email address given in your order form and will detail products ordered, payment method, cost (including GST and P&P) and usual delivery times.
- You must check all the details on this confirmation email are correct and contact us as soon as possible if any details are incorrect.
- If your order has not been accepted, you will receive an explanatory email from us detailing the reasons why.
The delivery period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order. If you are ordering more than one item, your goods may be sent to you in instalments if certain items are out of stock.
- If your delivery address is outside of the AUSTRALIA, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. You must meet any additional charges for customs clearance. Please note customs policies vary widely from country to country. We recommend you contact your local customs office for further information.
- Please note international shipments may be subject to cross-border inspections by customs authorities.
- Please note that during busy sale periods, deliveries may take slightly longer than usual
- Gainsborough only accepts payment through PayPal.
- All credit and debit cardholders are subject to validation checks and authorization by the card issuer. If PayPal refuses to authorize payment to us, we will not be liable for any delay or non-delivery.If you haven’t submitted an order, you may clear the items in your shopping bag at any time prior by clicking the ‘Remove’ button next to the product ordered in your shopping bag.
CANCELLING AN ORDER
- If you have submitted your order and received your confirmation email from Gainsborough, you can still cancel your order within 2 hours of the order being placed. Please email your cancellation marked ‘URGENT CANCELLATION’ to the Customer Service team. Please ensure you list your name, address, product ordered and order code on the email.
- If you wish to cancel your order after 24 hours of the order being placed, you will need to wait until you receive the product and then follow our Returns procedure.
- Once we’ve received notification from you that you wish to cancel an order, any sum debited to us from your credit or debit card will be re-credited to that credit or debit account within 30 days of your order, provided the goods you return are in the same condition that they were when delivered to you. You will be liable to any charges incurred when returning the goods to Gainsborough, unless the return is as a result of an error on our side.
- You are entitled to cancel this contract if you so wish, provided that you exercise your right within seven working days after the day on which you receive the products.
- If you wish to cancel your order, please follow the procedure set out in our Returns procedure
We do not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.
- If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on Gainsborough is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product that was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount within 30 days of the date of order.
- In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify us of the problem in writing at the address stated in the confirmation e-mail within 10 working days of delivery of the goods plus return the goods to us, if we request you to. This does not affect your statutory rights.
- We have taken every measure to provide accurate product images for each product for sale on the site. However, due to a number of mitigating factors such as Internet browsers, monitor colour contrasts etc; we cannot be held responsible or liable for any colour discrepancies between the image and the actual product.
- The products sold on Gainsborough are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from Gainsborough
- We have taken every measure to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers.
- We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
- We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
- To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
- We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:
- Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- Any loss of goodwill or reputation; or
- Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions
- Nothing in the Conditions shall exclude or limit our liability for death of personal injury resulting from our negligence or that of our servants, agents or employees.
All rights, including copyright, in the content of the Gainsborough web pages are owned or controlled by Gainsborough. In accessing Gainsborough web pages, you agree that you may only download the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the Gainsborough web pages for any other purpose whatsoever without the prior written permission of Gainsborough.
THIRD PARTY INFORMATION
We cannot be held responsible for material displayed on third party websites or any other written material. The only prices that apply for Gainsborough products are those stated on the Gainsborough material. We cannot vouch for the reliability of prices stated on shopping directories or through any other third party.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Gainsborough and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
The Conditions shall be governed by and construed in accordance with the laws of Australia and you irrevocably submit to the exclusive jurisdiction of the courts of Australia.