Terms & Conditions
Gemini Design Limited Online Terms and Conditions
Effective from November 2015.
It is important that you read these Terms and Conditions carefully. By using our Website or ordering Products or Services, you will be deemed to have accepted these Terms and Conditions.
WHO WE ARE AND HOW TO CONTACT US
We operate the Website http://www.geminiappliances.co.uk. We are Gemini Design Ltd, a company registered in England and Wales under company number 6609891 and with our registered office at 88 Crawford St, London W1H 2EJ and main trading address at Unit 18, 10 Acklam Road, London W10 5QZ. Our VAT number is 858169382
If you would like to contact us for any reason, including because you have any complaints, please phone 0203 375 9010 or email: email@example.com
If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us.
We amend these Online Terms and Conditions from time to time. Please look at the top of this page to see when these Terms and Conditions were changed. You will be subject to the Terms and Conditions in force at the time that you use our Website and/or place an order for Products and/or Services via our Website.
We may transfer our rights and obligations under any order accepted by us to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions.
These Terms and Conditions are governed by English Law. This means any dispute or claim arising out of or in connection with them will be governed by English Law. You and we both agree 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 a court of competent jurisdiction rules that any part of these Terms and Conditions are unenforceable for any reason, then such ruling will not affect the remaining provisions of these Terms and Conditions which will remain in full force and effect.
We will not be liable or responsible for delay in performing, or failure to perform, any of our obligations under these Terms and Conditions or any accepted order if such delay or failure results from events, circumstances or causes beyond our reasonable control. In such circumstances our obligations will be suspended and we shall be entitled to a reasonable extension of the time for performing such obligations.
Your use of our Website is also subject to our Website Terms and Conditions of Use. Please take the time to read Website Terms and Conditions of Use.
TERMS AND CONDITIONS OF SALE
1. Ordering Products and/or Services
You must be a United Kingdom resident and 18 years or over to place an order on our Website.
Our shopping 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.
When you place an order for a Product and/or Service on our Website, you are offering to
purchase that Product and/or Service from us. After you place an order, you will receive an email from us acknowledging that we have received and notifying you if we have accepted your order.
You will be taken to have placed your order when the electronic instruction containing the order from you enters and is recorded in our database and we receive payment in full from you for that order.
We reserve the right to not to accept any order from you, including without limitation, where stock is not available, there has been an error in the advertised price or Product/Service description on our Website or if we believe (in our reasonable opinion) that the applicable order has been placed for commercial purposes, fraudulently or otherwise in breach of these Terms and Conditions.
We reserve the right not to accept any order notwithstanding that we had charged you for the order. In the event that payment has been made and your order is not accepted by us and/or cancelled, we will refund the purchase price to you in full subject to our Cancellation and Returns Policy.
If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence. 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 and Services for domestic and private use. You agree not to use the Products or Services 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 must supply Products that are in conformity with these Terms and Conditions and any accepted order placed by you.
We do not in any way exclude or limit our liability for:
Death or personal injury caused by our negligence;
Fraud or fraudulent misrepresentation;
Any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
Any breach of the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
Defective Products under the Consumer Protections Act 1987.
2. Price and Payment
Payment must be received by us in full prior to our acceptance of each order. Order
processing is contingent upon card approval and may be delayed should we experience difficulties in obtaining authorization.
We do not store credit card details nor do we share customer details with any 3rd parties.
You own the Products once we have received payment in full, including all applicable delivery charges.
The prices of the Products and Services will be as quoted on our Website at the time you submit your order.
Unless expressly stated otherwise, the price for a Product and/or Service advertised on our Website:
(a) Does not include installation, any accessories, replacement parts, extended warranties or delivery and handling charges;
(b) Is in Great British Pounds; and
(c) Is VAT inclusive.
We currently accept most cards with the exception of American Express, including:
(a) VISA credit;
(b) VISA debit;
(c) Maestro Switch; and
(d) MasterCard credit.
We may offer other payment alternatives from time to time.
Each time you submit credit or debit card or other payment information on this Website, you represent that:
(a) You are authorised to use the credit or debit card or other payment account;
(b) The information you supply to us is true, correct and complete;
(c) Charges incurred by you will be honoured by your credit or debit card company or other
payment system provider; and
(d) You will pay charges incurred by you at the current advertised prices, including all applicable taxes, if any.
If an order appears fraudulent in any way, we reserve the right to cancel the order and notify the card holder and the proper authorities.
Telephone orders can be placed by calling 0203 375 9010
3. Replacement Parts and Installation
The most up to date edition of the applicable Product Use & Care Manual should be consulted prior to, and strictly followed in the course of, installation of any Product.
Only genuine manufacturers replacement parts must be used in any Product.
If notified by us (such as, in the applicable Product Use & Care Manual) installation of replacement parts must be undertaken by an authorised Fisher & Paykel or other appropriately qualified or registered technician. To locate an authorised Fisher & Paykel technician call 08000 886 605 or to obtain further information Click here. We do not accept any liability whatsoever for any loss, costs or damage caused by using replacement parts which are not genuine manufacturers replacement parts and/or replacement parts not being installed by an authorised technician (where we have advised that an authorised technician is required).
CANCELLATION AND RETURNS POLICY
1. Right to cancel
You have the right to cancel this contract within 14 days without giving any reason.
In the case of a contract for the supply of Products, the cancellation period will expire after 14 days from the day on which you, or a person identified by you, acquires physical possession of the Products or, if the contract is for multiple Products delivered on different days, the cancellation period will expire after 14 days from the day on which you, or a person identified by you, acquires physical possession of the last of the Products.
In the case of a contract for the supply of Services the cancellation period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right to cancel, you must inform us Gemini Design Limited, Unit 18, 10 Acklam Road, London W10 5QZ of your decision to cancel this contract by a clear statement (e.g. a letter sent by post) or email: firstname.lastname@example.org. Please include details of your order to help us identify it.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
2. Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery to you (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products.
We will make the reimbursement without undue delay, and not later than-
(a) 14 days after the day we receive back from you any Products supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the Products, or
(c) if there were no Products supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
For any spare parts, you shall send them back or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the Products before the period of 14 days has expired. You will have to bear the direct cost of returning the spare parts.
We will collect appliances such as dishwashers or fridges from the address to which they were delivered. We will contact you to arrange a suitable time for collection. We will bear the cost of returning such appliances.
If you requested to begin the performance of Services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of the contract for the Services, in comparison with the full coverage of the contract.
If you requested to begin the performance of Services during the cancellation period and we complete the Services during the cancellation period, you will lose your right to cancel.
Please note, as a consumer, you will always have legal rights in relation to Products and Services that are faulty or not as described. These legal rights are not affected by the above. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
If you have any queries, problems or concerns about a Product or Service, please contact us on phone 0203 375 9010 or email: email@example.com
Delivery will be made using Fisher and Paykel own vehicles, so they come directly from the manufacturer. Our delivery period is normally within 10 days from the date you place your order. IN the event goods are out of stock the delivery period may take longer than 10 days but we will always let you know if this is likely to be the case and offer you a full refund if you prefer not to wait for the goods to come into stock. We deliver to any home address throughout the United Kingdom excluding the Scottish Highlands, Scottish Islands, Channel Islands, the Isle of Man and the Republic of Ireland. We cannot deliver to a Post Office Box. You must provide a delivery address where someone will be available to sign for the receipt of your Products.
Delivery time and price will vary depending on your location and the Product that you have purchased.
We will contact you to arrange delivery and an estimated delivery date.
The Products we sell are often big and heavy things to lift, so there will be certain occasions when we may be unable to get it into your property. Lots of steps, narrow corridors, radiators and restricted parking are all things that may hinder our ability to deliver. In these situations we may be able to offer delivery to the nearest point possible i.e. your garage, so you can make arrangements to get the product in. If not we will attempt another delivery date or give you a full refund. Occasionally something will happen out of our control such as floods, snow or other adverse weather conditions or things like, sporting events which result in closed roads. If your delivery is affected, we’ll contact you as soon as possible to arrange alternative delivery options. We will do what we can, but can’t be held liable if we can’t fulfil delivery due to reasons beyond our control.
Delivery will be to the UK address specified in your order. If no one is available at the time of delivery, we will leave you a note that the Products have been returned to our depot, in which case, please contact us to rearrange 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 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 in accordance with the above paragraph, 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 either of the two paragraphs above, 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 us for the cancelled Products and their delivery.
Delivery of an order shall be completed and all risk in the products (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the address you gave us and signed for.
Please contact us at Gemini Design Limited, Unit 18, 10 Acklam Road, London W10 5QZ or phone 0203 375 9010 or email: firstname.lastname@example.org if Products are damaged or lost in transit.
We shall be under no liability for any delay or failure to deliver products if the delay or failure is caused by circumstances beyond our control. If we are unable to meet the estimated delivery date because of an event outside our control, we will contact you with a revised estimated delivery date.
2. Additional Services
The charges (if any) for additional services are clearly laid out throughout the order process and will be displayed on the checkout page when you place your order.
If we are replacing your old appliance, please disconnect, defrost if necessary and ensure all water, laundry and other personal items are removed from the appliance before we arrive.
WEBSITE TERMS AND CONDITIONS OF USE
1. Limitation on Use
This Website may only be used in accordance with these Website Terms and Conditions of Use, and for non-commercial purposes only.
You may use our Website only for lawful purposes. You may not use our Website:
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.
For the purpose of harming or attempting to harm minors in any way.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of these Website Terms and Conditions of Use.
Not to access without authority, interfere with, damage or disrupt:
any part of our Website;
any equipment or network on which our Website is stored;
any software used in the provision of our Website; or
any equipment or network or software owned or used by any third party.
2. Suspension and termination
We will determine, in our discretion, whether there has been a breach of these Website Terms and Conditions of Use through your use of our Website. When a breach of these Website Terms and Conditions of Use has occurred, we may take such action as we deem appropriate.
Failure to comply with these Website Terms and Conditions of Use constitutes a material breach, and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use our Website. Immediate, temporary or permanent removal of any posting or material uploaded by you to our Website.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
The responses described above are not limited, and we may take any other action we reasonably deem appropriate.
3. Limitation of Liability
Our Website tells you about Gemini Design, our business and Products and Services and the terms and conditions on which we sell our online Products and Services to you. Our other business activities including, but not limited to, our design and installation of kitchens and wardrobes, are not covered by these terms and conditions.
While we endeavour to provide accurate and up to date information, errors and omissions may occur. To the extent permitted by law, we:
(a) expressly exclude all guarantees and warranties, whether express or implied, relating to our Website, including, without limitation, any implied warranty of fitness for a particular purpose, freedom from computer virus’ (or any similar threats) and/or availability; and
(b) exclude any liability, whether in contract, tort (including negligence) or otherwise, for any direct, indirect or consequential loss, costs or damage caused by or in connection with our Website.
Without limiting the foregoing, you acknowledge that, given the nature of the internet, we cannot guarantee that any data transmission is totally secure, free from viruses, fault or other risks associated with use of the internet which could damage or interfere with your computer systems and we cannot ensure the security of any content or information you transmit via the Website. You must take your own precautions to address such risks.
If you are using our Website or any of our Products and/or Services for personal or domestic use, nothing in these Terms and Conditions is intended to exclude any rights that you may have under any relevant law.
4. Changes to Website
We may update our Website from time to time, including without limitation, updating our prices and the Products and Services that are offered on our Website.
5. Intellectual Property
All intellectual property rights in this Website, and all derivative works based thereon, are owned by Gemini Design Limited or our licensors.
No part of this Website, including but not limited to, the trademarks, logos, names and product listings, may be copied, extracted or otherwise reproduced, in any form whatsoever, without the express written consent of Gemini Design Limited (or, if applicable, the licensor).
This Website may contain hyperlinks to other websites. Those links are included for convenience only and we do not endorse the content of those third party websites. Your access to and/or use of those websites is at your own risk.
7. Login Details and other Security Information
Depending on which aspects of our Website you use, we may provide personalised security information for the Website, including without limitation, any login and/or username to you from time to time. You must treat all such security information as strictly confidential, and not disclose it to anyone. Any such security information which is generated by us and supplied to you remains our property.
We are entitled to rely on the provision of your security information without further enquiry, as evidence of your identity, authority to use the relevant part of our Website and/or place orders. As a result, to the extent permitted by law, you accept responsibility for all activities that occur under your security information.
You agree to notify us immediately if you have any reason to believe that your security information has become known to anyone else, or if your security information is being, or is likely to be used in an unauthorised manner. Such notice will not release you from your obligations in relation to your security information.
© Gemini Design Limited. All Rights Reserved