Please read these Terms & Conditions of sale carefully prior to placing your order and retain a copy for future reference.
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by G J Beads based at: Unit L, St Erth Industrial Estate, Hayle. Cornwall, TR27 6LP (here after referred to as: the "Supplier", or "we", “us” or "our").
1.2 Any order placed by you for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion).
1.3 We will send you an order acknowledgement shortly after you place your order, notifying you that we have received your order. This acknowledgement is not confirmation that we have accepted your order.
1.4 If we accept your order, we will notify you by email that we have accepted it prior to dispatch of the goods. If we cannot accept your order (for example, but without limitation, because the goods are found to be unavailable) we will notify you by telephone or email.
1.5 In the event that, after we accept your order, we discover that the goods ordered are unavailable or that there was a pricing error on our Website in respect of the goods ordered, we reserve the right not to supply the goods ordered and to offer you a refund or alternative goods in accordance with conditions 2.2 to 2.4 below.
1.6 The contract is subject to your right of cancellation (see condition 7 below).
1.7 We have the right to terminate the contract if the value of the goods is not received from you in cleared funds (in accordance with condition 3.1).
1.8 We may change these terms and conditions of sale without notice to you in relation to future sales.
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on our website at the time you place your order.
2.2 If after acceptance of your order, we discover within 14 days of such acceptance that all of the goods are unavailable, we may terminate the contract and refund or re-credit you within 7 working days for any sum that has been paid by you or debited from your credit card for those goods. In these circumstances, we will inform you as soon as possible.
2.3 If within 7 days of our acceptance of your order we discover that some but not all of the goods are unavailable, we will no longer supply those unavailable goods. In these circumstances we will contact you detailing the goods that are unavailable and offer you the option of cancelling the whole order or amending your order to substitute the unavailable items with alternative goods. If you have not cancelled the order within 14 days of receipt of such notice, we will deliver the available goods in accordance with condition 4 below. We will refund or re-credit you for any sum that has been paid by you or debited from your credit card in respect of the unavailable goods or cancelled order (if you have cancelled it).
2.4 Every effort is made to ensure that prices shown on our website are accurate at the time you place your order. If within 14 days of accepting your order a pricing error is found in respect of any or all of the goods you have ordered, we will notify you as soon as possible detailing the mis-priced goods and offering you the option of:
2.4.1 Placing a new order at the correct price for those goods;
2.4.2 Cancelling the whole of your order; or
2.4.3 Cancelling your order for the mispriced goods and reconfirming your order for the correctly priced goods. If, within 14 days of receipt of our notice to you, you have not responded by selecting one of the available options at conditions 2.4.1 to 2.4.3 above then:(a) if all of the goods you have ordered are found to be mis-priced, the entire order will be cancelled automatically and we will refund or re-credit you for any sum you have paid for those goods; or (b) if only some of the goods you have ordered are found to be mis-priced, our contract with you continues and we will deliver the correctly priced goods but we will not be obliged to supply you with the mis-priced goods. In these circumstances we will refund or re-credit you for any sum you have paid for the mis-priced goods.
2.5 To avoid any doubt, where goods are unavailable and you order alternative goods from us, or where goods have been mispriced and you subsequently order such goods at the correct price, these terms of sale shall apply to the order and the supply of the relevant goods, whether the order is placed through our website or otherwise.
2.6 In addition to the price, you may be required to pay a delivery charge for the goods, details of which are clearly displayed on our website at the point that you place your order, this shall be displayed to you prior to you being requested to make payment.
3. Payment
3.1 Payment for the goods and delivery charges can be made by any method shown on our website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle us to terminate the contract immediately.
3.2 There will be no dispatch/delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by Us to you.
4. Delivery
4.1 The goods you order will be delivered to the address you give when you place your order, except that some deliveries are not made outside the United Kingdom, we reserve the right to cancel the order/contract for any goods which we do not deliver to non-UK addresses.
4.2 Orders placed before 12:00hrs (UK time) on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than Weekends and Bank Holidays or other Public holidays). At all times this shall be limited to orders consisting solely of products with a shipping estimate of ‘same day dispatch’.
4.3 If delivery cannot be made to your address for reasons under/beyond our control, we will inform you as soon as possible.
4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of us) then without prejudice to any other right or remedy available to us, we may:
4.4.1 Store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.4.2 Sell the goods at the best readily obtainable price and either (a), where you have not already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods or (b), where you have already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) for any proceeds received.
4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations (2000) we shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to us. Should you fail to return the goods, we reserve the right to deduct any direct costs incurred by us in retrieving the goods as a result of such failure.
4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, we will not be liable for any loss or damage suffered by you through delay in delivery. In this case, we will inform you of any delay as soon as possible and will give you the option of cancelling your order at this point. We will not be liable for any delay in your delivery due to adverse weather conditions.
4.7 Delivery Methods:
4.7.1 First Class:
Delivery, via 1st Class Royal Mail, within 1-3 days of dispatch. Orders normally dispatched via standard delivery unless another service has been selected at checkout. Order weight up to 2kg only, orders over this weight will have to be sent by courier delivery and will have to be signed for. If your order is over 2kg, this option will not be available. If you order is over £50, it will be sent by Recorded delivery.
4.7.2 First Class – Priority Dispatch:
Delivery, via 1st Class Royal Mail, within 1-3 days of dispatch. The order will be fast tracked through our dispatch centre.
4.7.3 Next Working Day:
Delivery, by FedEx courier, from 8am-5pm, next working day after dispatch. (Service excludes Highlands, Grampian & UK non-mainland Islands.)
4.7.4 Next Working Day – Priority Dispatch:
Delivery, by FedEx courier, from 8am-5pm, next working day after dispatch. (Service excludes Highlands, Grampian & UK non-mainland Islands.) The order will be fast tracked through our dispatch centre.
4.7.5 Next Working Day – Pre 10am:
Delivery, by FedEx courier, before 10am, next working day after dispatch. (Service excludes Highlands, Grampian & UK non-mainland Islands.)
4.7.6: Next Working Day – Pre 12 noon:
Delivery, by FedEx courier, before 12 Noon, next working day after dispatch. (Service excludes Highlands, Grampian & UK non-mainland Islands.)
4.7.7 Saturday Delivery:
Delivery, by FedEx courier, from 8am-1pm, next Saturday after dispatch. (Service excludes Highlands, Grampian & UK non-mainland Islands.)
4.7.8 2/3 Working Days Channel Islands:
Delivery, by FedEx courier, from 8am-5pm, within 2/3 working days of dispatch.
4.7.9 2/3 Working Days Highland & Grampian:
Delivery, by FedEx courier, from 8am-5pm, within 2/3 working days of dispatch.
4.7.10 2/3 Working Days Northern Ireland:
Delivery, by FedEx courier, from 8am-5pm, within 2/3 working days of dispatch.
4.7.11 2/3 Working Days Republic of Ireland:
Delivery, by FedEx courier, from 8am-5pm, within 2/3 working days of dispatch.
4.7.12 2/3 Working Days Scottish Offshore Islands:
Delivery, by FedEx courier, from 8am-5pm, within 2/3 working days of dispatch.
4.7.13 Air Mail Europe:
Delivery, via Airmail, within 3-7 working days of dispatch. Up to 2kg weight
4.7.14 Air Mail Worldwide:
Delivery, via Airmail, within 3-7 working days of dispatch. Up to 2kg weight
4.7.15 International Signed For - Europe (£36)
Delivery, via Airmail, within 3-7 working days of dispatch. Up to £36 in value. Up to 2kg weight. Signature required on delivery.
4.7.16 International Signed For - Europe (£500)
Delivery, via Airmail, within 3-7 working days of dispatch. Up to £500 in value. Up to 2kg weight. Signature required on delivery.
4.7.17 International Signed For – Rest of the World (£36)
Delivery, via Airmail, within 3-7 working days of dispatch. Up to £36 in value. Up to 2kg weight. Signature required on delivery.
4.7.18 International Signed For – Rest of The World (£500)
Delivery, via Airmail, within 3-7 working days of dispatch. Up to £500 in value. Up to 2kg weight. Signature required on delivery.
4.7.19 Special Delivery – Next Day (1pm)
Delivery, via Royal Mail Special Delivery, before 1pm next working day. Up to £500 in value. Up to 2kg weight. Signature required on delivery.
4.8 Free Delivery
4.8.1 Free Delivery is available when a customer spends over £50.00 and the parcel is under 2kg Gross weight, in a single transaction on our website. The goods will usually dispatched by 1st Class Royal Mail. Free delivery is only available to UK delivery addresses; Republic of Ireland, Europe & Rest of the World are not included in the Free Delivery Scheme.
5. Risk/Title
5.1 The goods are at your risk from the time of delivery.
5.2 Ownership of the goods shall not pass to you until we have received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 The goods, and
5.2.2 All other sums which are or which become due to Us from you on any account.
5.3 We shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from us.
7. Your right of cancellation
7.1 You have the right to cancel the contract at any time up to 10 days after you have received the goods (see below). Please note that this policy has some limitations and does not apply to business customers.
7.2 To exercise your right of cancellation, you must give written notice to us via mail, email or fax giving details of the goods ordered and (where appropriate) their delivery.
7.3 Except in the case of faulty or mis-described goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to us at your own cost. The goods must be returned to the address shown on the reverse of your sales/VAT invoice. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or mis-described goods we shall ask you to return the goods to us in accordance with our Returns Procedure (see condition 12 below).
7.4 Once you have notified us that you are cancelling the contract, we will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit/debit card for the goods.
7.5 Except in the case of faulty or mis-described goods, if you do not return the goods as required, we may charge you a sum not exceeding the direct costs of recovering the goods.
7.6 You do not have the right to cancel the contract if the order is for:
7.6.1 Any product which may be described as software which has been unsealed/opened by you.
7.6.2 Consumable goods which, by their nature, cannot be returned, except where a fault is discovered which could not have been discovered otherwise than by unsealing the goods.
8. Warranty
8.1 All new goods supplied by us are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer. If new goods develop a defect during the 12 month warranty period, you should follow our Returns Procedure (see condition 12 below). In the event of a valid claim for a defect in the new goods, where clauses 8.4 or 8.5 do not apply, we will (at our option) either:
8.1.1 Replace those goods with either the same or similar goods, if we have available the same/similar goods.
8.1.2 Repair those goods; or
8.1.3 Refund or re-credit you the sum you have paid for the relevant goods within 30 days of the date that the relevant goods are returned in accordance with our Returns Procedure (see condition 12 below).
9. Limitation of Liability
9.1 Subject to 9.2 below, if you are a consumer we shall not be liable to you for any loss or damage in circumstances where:
9.1.1 There is no breach of a legal duty owed to you by us or by our employees or agents;
9.1.2 Such loss or damage is not a reasonably foreseeable result of any such breach;
9.1.3 Any increase in loss or damage resulting from breach by you of any term of this contract.
9.2 Nothing in these conditions excludes or limits the liability of us for death or personal injury caused by our negligence or fraudulent misrepresentation.
9.3 If you are a business customer we shall not be liable to you for:
9.3.1 Any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
9.3.2 Loss of business; loss of data; loss of profits; loss of goodwill; loss of anticipated savings or loss of revenue even when advised of the possibility; or
9.3.3 Any indirect or consequential losses, liabilities or costs.
9.4 If you are a business customer then the aggregate liability of G J Beads (whether in contract or for negligence or breach of statutory duty or otherwise howsoever) to you for any loss or damage of whatsoever nature and howsoever caused shall be to and in no circumstances shall exceed the price of the goods in question.
9.5 G J Beads shall not be liable for any financial or other loss caused by delayed delivery.
10. Data Protection
We will take all reasonable precautions to keep the details of your order and payment secure but unless we are negligent, we will not be liable for unauthorized access to information supplied by you.
11. Images & Written content.
11.1 Product images are for illustrative purposes only and may differ from the actual product.
11.3 All product images on our website remain copyright of G J Beads, and may only be duplicated with our express written permission. We reserve the right to instigate legal proceedings regarding the unauthorised reproduction (in any format) of our product images.
11.4 All written information on our website remains copyright of G J Beads, and may only be duplicated with our express written permission. We reserve the right to instigate legal proceedings regarding the unauthorised reproduction (in any format) of our website.
11.5 All logos and trademarks remain the property of their legal owners.
12. Returns
12.1 If you wish to return a product to us please do so within 14 calendar days of receipt and we will either replace the product or refund your payment.
12.2 Returned products must be in their original packaging and in an unused condition.
12.3 Products will not be refunded without the original receipt or proof of purchase.
12.4 Customers will pay the return postage on the unsuitable product and postage & packaging if any replacement products are sent.
12.5 Return of printed goods is at management's discretion.
12.6 Faulty goods - Please contact us if you have received any damaged, faulty or incorrect products.
12.7 Credit notes can only be used via our Mail Order Service. They are valid for one (1) year of issue date.
12.8 In particular, please note that any items returned to us which you claim to be faulty or incomplete are checked and verified by our technicians. Any returned items that are found not to be faulty or incomplete will be returned to you and we shall be entitled to charge you a testing fee and for the return carriage costs via your original payment method. In the event that we are unable to debit your card/account we will hold the item(s) until full payment has been made for the return carriage.
12.3 Any items that you return to us are at your own risk, therefore we strongly advise all our customers to take reasonable care when returning any items to us for example, by ensuring the goods are correctly addressed, adequately packaged, and carried by a reputable carrier.
13. Price changes and Promotions
13.1 We reserve the right to change our prices and Terms & Conditions of sale at any time without prior notice. Any changes will be published on www.gjbeads.co.uk
13.2 We reserve the right to end any price discount or free gift based promotion or special offer early.
14. Governing Law and Jurisdiction
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.
15. Correct at time of publication.
Last revision 01/08/2010
