1. About us
- 1.1 Goldview Bros Limited (company number 13929082) (we and us) is a company registered in England and Wales and our registered office is at 49 Mowbray Road, Edgware, England, HA8 8JL. Our usual trading address is at PO Box 77747, London, E5 5FY. Our VAT number is 486952433. We operate the website https://goldviewbros.co.uk/home/.
- 1.2 To contact us telephone our customer service team at 020 3745 3655 or email [email protected]. How to give us formal notice of any matter under the Contract is set out in clause 15.2.
2. Our contract with you
2.1 These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
2.2 The Contract is 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 Contract.
2.3 These Terms and the Contract are made only in the English language.
2.4 References to clauses and Schedules are to the clauses and Schedules of these Terms and references to paragraphs are to paragraphs of the relevant Schedule.
2.5 We recommend that you print a copy of these Terms or save them to your computer for future reference.
3. Placing an order and its acceptance
3.1 Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.
3.2 Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
3.3 After you place an order, you may receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will only take place as described in clause 3.4.
3.4 We will confirm our acceptance of an order to you by sending you an email that confirms that the Goods have been dispatched (a Dispatch Confirmation). The Contract between you and us will only be formed when we send you the Dispatch Confirmation.
3.5 If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
4. Our goods
4.1 The images of the Goods 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 reflects the colour of the Goods. The colour of your Goods may vary slightly from those images.
4.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.
4.3 The packaging of your Goods may vary from that shown on images on our site.
5. Cancellation
5.1 You may not cancel any order for personalised or bespoke Goods without our prior written consent, which we may withhold in our sole and absolute discretion.
5.2 Subject to clause 5.1, you may cancel an order and receive a refund provided that the request for cancellation is made:
(a) within 7 days of placing the order; and
(b) before we issue the Dispatch Confirmation.
5.3 To cancel an order under clause 5.2 you must contact us either by email at [email protected] or by telephone on 020 3745 3655 between 10am – 5:30pm Monday to Thursday and between 10am – 1pm Friday.
5.4 You cannot cancel a submitted order after the Goods have been dispatched unless we have agreed to cancel the order in writing.
6. Return and refund
6.1 The return and refund of Goods is only permitted if:
(a) the Goods are faulty and you are returning them in accordance with clause 11.3; or
(b) we have expressly agreed with you in writing that the Goods can be returned to us.
6.2 To request or arrange a return of Goods permitted by these Terms you can call us on 020 3745 3655 during 10am – 5:30pm Monday to Thursday and between 10am – 1pm Friday or email us at [email protected]. If you are emailing us, then please include details of your order to help us to identify it.
6.3 Where you paid for Goods using a credit or debit card then any refunds will be made to the same card used by you to pay.
6.4 Unless otherwise specified in these Terms, or agreed in writing by us, you shall be responsible for the delivery costs of returning any Goods to us.
7. Delivery, transfer of risk and title
7.1 We usually expect to deliver orders within 5 days after the date of the Dispatch Confirmation. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 14 (Events outside our control) for our responsibilities when this happens.
7.2 Delivery is complete once the Goods have been delivered at the address for delivery set out in your order and the Goods will be at your risk from that time (Delivery).
7.3 You own the Goods once we have received payment in full, including of all applicable delivery charges.
7.4 If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
7.5 If you fail to take delivery within 10 days after the day on which we notified you that the Goods were ready for delivery, we may resell part of, or all the Goods.
7.6 Where you are returning any Goods in accordance with these Terms the Goods will remain at your risk until we accept receipt of them at our return address. You are advised to take out adequate insurance when returning Goods to us.
8. No international delivery
8.1 Unfortunately, we do not deliver to addresses outside the UK.
8.2 You may place an order for Goods from outside the UK, but this order must be for delivery to an address in the UK.
9. Price of goods and delivery charges
9.1 The prices of the Goods will be as quoted on our site at the time you submit your order. We endeavour to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 9.5 for what happens if we discover an error in the price of Goods you ordered.
9.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
9.3 The price of Goods excludes 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 Goods in full before the change in VAT takes effect.
9.4 The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
9.5 It is always possible that, despite our efforts, some of the Goods on our site may be incorrectly priced. If we discover an error in the price of the Goods you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Goods 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. If we mistakenly 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 cancel supply of the Goods and refund you any sums you have paid.
10. How to pay
10.1 We accept payment for Goods by bank transfer and most debit card or credit cards.
10.2 Payment for the Goods and all applicable delivery charges is in advance other than where we have agreed to provide you with credit in accordance with Schedule 1.
11. Our warranty for the goods
11.1 The Goods are intended for sale only in the UK market. We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.
11.2 We provide a warranty that on delivery the Goods shall:
(a) subject to clause 4, conform with their description;
(b) be free from any material defects in material and workmanship; and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
11.3 Subject to clause 11.4, if:
(a) you give us notice in writing within 28 days of delivery that some or all of the Goods do not comply with the warranty set out in clause 11.2;
(b) we are given a reasonable opportunity of examining the Goods; and
(c) we ask you to do so, you return the Goods to us at our cost, we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
11.4 We will not be liable for breach of the warranty set out in clause 11.2 if:
(a) you make any further use of the Goods after giving notice to us under clause 11.3;
(b) the defect arises as a result of us following any drawing, design or specification supplied by you;
(c) you alter or repair the Goods without our written consent;
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(e) the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
11.5 We will only be liable to you for the Goods’ failure to comply with the warranty set out in clause 11.2 to the extent set out in this clause 11.
11.6 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
11.7 These Terms also apply to any repaired or replacement Goods supplied by us to you.
12. Limits to our liability
12.1 References to liability in this clause 12 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
12.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) any other liability that cannot be limited or excluded by law.
12.3 Subject to clause 12.2, we will under no circumstances be liable to you for:
(a) any loss of profits, sales, business, or revenue;
(b) loss of business opportunity;
(c) loss of anticipated savings;
(d) loss of goodwill; or
(e) any indirect or consequential loss.
12.4 Subject to clause 12.2, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the price of the Goods.
12.5 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. 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.
12.6 Nothing in these Terms shall limit or affect the exclusions or limitations set out in the Website Terms and Conditions of Use.
13. Termination
13.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and fail to remedy that breach within 10 days of being notified;
(b) you fail to pay any amount due under the Contract on the due date;
(c) you suspend or cease to carry on your business; or
(d) your financial position deteriorates significantly in our reasonable opinion.
13.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
13.3 Any provision intended to continue in force after termination shall remain in full force and effect.
14. Events outside our control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
14.2 If an Event Outside Our Control takes place:
(a) we will contact you as soon as reasonably possible; and
(b) our obligations will be suspended and the time for performance extended.
14.3 You may cancel the Contract if an Event Outside Our Control continues for more than 30 days.
15. Communications between us
15.1 When we refer to “in writing” in these Terms, this includes email.
15.2 Any notice under the Contract must be in writing and be delivered by hand, sent by pre-paid first class post, or email.
15.3 A notice is deemed to have been received:
(a) if by hand, at the time the notice is left;
(b) if by post, at 9.00 am on the second working day after posting; or
(c) if by email, at 9.00 am the next working day after transmission.
- 15.4 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 email, that such email was sent to the specified email address of the addressee.
- 15.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16. General
16.1 Assignment and transfer.
(a) We may assign our rights and obligations to another entity but will notify you.
(b) You may only transfer your rights or obligations if we agree in writing.
16.2 Variation. Any variation only has effect if it is in writing and signed by both parties.
16.3 Waiver. If we do not insist you perform obligations, or delay in exercising rights, it does not mean we have waived those rights.
16.4 Severance. Each paragraph operates separately. If any is found unlawful, the remaining paragraphs remain in effect.
16.5 Third party rights. No other person has any rights to enforce any terms.
16.6 Governing law and jurisdiction. This Contract is governed by English law and subject to the exclusive jurisdiction of the English courts.
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Schedule 1:
Credit Terms
1.1 We may, in our absolute discretion, agree to you purchasing Goods on credit. We will issue an invoice following acceptance of the order.
1.2 Where credit is agreed, the Contract is formed when we issue our invoice or the Dispatch Confirmation, whichever is earlier.
1.3 We are not obliged to offer credit and may withdraw the option or apply/change credit limits at any time.
1.4 Goods purchased on credit must be paid for within 30 days of the invoice date unless otherwise agreed.
1.5 Failure to pay on time will result in interest charges in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
1.6 If you fail to make payment, we may:
(a) suspend or cancel any open orders;
(b) offset any amounts payable by us to you; and/or
(c) demand immediate payment of all invoices.
