Terms & Conditions
Our terms | Gushlow & Cole online terms and conditions for consume supply
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you as a consumer. If you are a business customer, please contact us by telephone on 01959535066 or by email to [email protected] for further information of the terms that will apply to our supplies to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products 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.
1.3 What other terms apply to you. These terms of supply should be read with the following documents that will all apply to you. Click on the links below to go straight to more information on each area:
1.3.3 Our Cookies Policy, which sets out information about the cookies on our site: https://www.gushlowandcole.com/privacy-cookies/.
1.4 Entire agreement. These terms set out the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the documents included in clause 1.3 above.
2. Information about us and how to contact us
2.1 Who we are. We are Gushlow & Cole Limited, a company registered in England and Wales. Our company registration number is 10437700 and our registered office is at Workshop 5, Hilltop Meadows, Old London Road, Knockholt, Sevenoaks, TN14 7JW. Our registered VAT number is [GB811017680].
2.3 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.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign 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.
4. Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the shapes and colours accurately, we cannot guarantee that a device’s display of the shapes and colours accurately reflects the products. Your product may also vary from those images due to the fact that our products are handmade and made from natural fabrics. Although we have made every effort to be as accurate as possible, all sizes, dimensions, colour, fabric quality and measurements indicated on our website have a 2-7% tolerance.
4.2 Making sure your measurements are accurate. If we are making the product to measurements you have given us, you are responsible for ensuring that these measurements are correct. Please contact us for more information.
5. Your rights to make changes. If you wish to make a change to the product 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 product, the timing of supply 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.
6. Our rights to make changes6.1 Significant changes to these terms. We may make changes to these terms due to changes in relevant laws and regulatory requirements, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund or exchange before the changes take effect.
7. Providing the products7.1 Delivery costs. The price of our products does not include delivery charges. The costs of delivery will be as displayed to you on our website. Where our website shows these to be applicable, delivery and shipping charges shall be chargeable both on first supply and on any exchange.
7.2 International Delivery (including to EU countries). We deliver to most countries. However, there are in some countries restrictions on some products and, as we cannot control such circumstances, we are not liable for any failure or delay in delivery caused by restrictions in the delivery location. Your order may also 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.
7.3 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.]
7.4 When we will provide the products. During the order process we will let you know when we estimate to provide the products to you.
7.5 We are not responsible for delays outside our control. If our supply of the products 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.
7.6 When you become responsible for the product. The product will be your responsibility and will be at your risk from the time we deliver the product to the delivery address you gave us and set out in your order.
7.7 When you own a product. You own a product once we have received payment in full in respect of that product, including payment of all applicable delivery charges.
7.8 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your name, billing address, delivery address, telephone, email and required quantity, colour and size. If you do not provide this information we will contact you in writing to ask again for it. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 10;
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1.3 If you have just changed your mind about the product, see clause 8.3.You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
8.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
8.2 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at 8.2.1 to 8.2.4 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:
8.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.1);
8.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control; or
8.2.4 you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013).For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
8.4.1 any product where the tag has been removed or been tampered with in any way;
8.4.2 any product which has been previously used or shows signs of marking or soiling including but not limited to make up, perfume, other odours, pen marks or jewellery marks;
8.4.3 any product has been made to your specific requirements; or
8.4.4 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
8.5 How long do I have to change my mind? You have 14 days after the day you receive the products.
8.6 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 (see clause 8.1), you can still contact us before delivery and tell us you want to end it. If you do this the contract will end immediately and we will refund any sums paid by you for products 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 your ending the contract.
9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by calling customer services on 01959535066 or email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either post the product/s back to us or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01959535066 or email us at [email protected] for a return authorisation form number or to arrange collection. If you are exercising your right to change your mind you must send off the product/s within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
9.3.1 if the products are faulty or misdescribed; or
9.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, 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.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds. If you are exercising your right to change your mind:
9.5.1 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. See our Returns page https://www.gushlowandcole.com/returns/ for information about what handling is acceptable and examples]. 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 to compensate us for any damage or loss caused.
9.5.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 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.
9.6 When your refund will be made. We will make any refunds due to you as soon as reasonably practicable. If you are exercising your right to change your mind then:
9.6.1 If we have not offered to collect the product, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, within 14 days from the day on which you provide us with evidence that you have sent the product back to us.
9.6.2 Where we have collected the product from you, your refund will be made within 14 days of your telling us you have changed your mind.
10. If there is a problem with the product
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01959535066 or write to us at [email protected] or Workshop 5, Hilltop Meadows, Old London Road, Knockholt, Sevenoaks, TN14 7JW.
10.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01959535066 or email us at [email protected] for a return label or to arrange collection.
11. Price and payment
11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong. It is always possible that, despite our reasonable efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated on our website, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
11.4 When you must pay and how you must pay. We accept payment with all major credit and debit cards and by PayPal. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you. Use of your PayPal account is subject to additional terms and conditions set by PayPal over which we have no control. For further information, please go to: https://www.paypal.com
12. Our responsibility for loss or damage suffered by you – your attention is particularly drawn to this clause
12.1 We are responsible to you for foreseeable loss and damage caused by us. 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.
12.2 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. How we may use your personal information
13.1 How we will use your personal information. We will use the personal information you provide to us:
13.1.1 to supply the products to you;
13.1.2 to process your payment for the products; and
13.1.3 if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving this kind of information at any time by contacting us.
13.2 We will only give your personal information to third parties where you request it, or the law either requires or allows us to do so.
14. Other important terms
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another entity or organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 5 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 Asserting our ownership rights. Please note that we own all patents, rights to inventions, utility models, copyright and related rights, design rights, trademarks, service marks, trade, business and domain names, product names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world relating to our supplies, products and business (collectively our Intellectual Property Rights). We reserve all rights in our Intellectual Property Rights. No rights in respect of our Intellectual Property Rights are granted to you or to be implied from this contract. In particular, any supply to you shall not be deemed to grant you any licence directly or indirectly under any Intellectual Property Right held, made, obtained or licensable by us now or in the future.
14.4 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. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
14.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
14.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.