Gooding360 is an online retailer of Furniture, Home Furnishings, Giftware and Replica Militaria. By placing an order with us, you will be deemed to have read, understood and accepted these terms and conditions which will be legally binding.
These Terms and Conditions are for our UK Customers and must be read alongside the appendixes.
- Definitions
1.1. “The Seller”, “Gooding360”, “We”, “Our” or “Us”, means Gooding360 Ltd.
“The Buyer” or “You”, means the person, partnership, firm or company which places the order with The Seller.
“Order” means the purchase You make with Us, The Seller.
“The Goods” means the product or any item described in the order.
“The Conditions”, “Terms” or “T&C’s” means the terms and conditions set out in this document as amended from time to time in accordance with clause 1.2.
“Website” means the website operated by the Seller.
1.2. The Seller reserves the right to change these terms and condition from time to time without notice to the Buyer and the changes will take place on the day they are posted. Any such changes will be posted on the Seller’s website. - Goods
2.1. Important Product Information: We strive to deliver inspired interiors that give You complete satisfaction. However, these design-led products do contain variations due to the manufacturing process. These are not faults, but are what makes Your product unique and differentiates Our products.
a) Many of Our products are hand-made or hand-finished. This is how they are intended, and the resultant variable finish is what helps to sell the unique product and set it apart from the mass-produced items to be found elsewhere.
b) Hand-blown glass may have bubbles and or slight colour variations. Hand-made ceramics will vary slightly in shape and / or size. Hand-applied ceramic glazes will have firing marks, glazes bubbles or glaze runs. These items are not in any way faulty, it is how they are intended to be.
c) We may occasionally alter or slightly change the design of items
When You place Your order, You do so on the understanding that these natural variations or batch variations may be present due to the manufacturing process and these are not faults.
2.2. Subject to clause 3.3, the Goods are as:-
a) Described by the Seller in any catalogue of the seller; or
b) Described on the website; or
c) Described orally by the Seller at the request of the Buyer.
d) Designed
2.3. We warrant that on delivery, the Goods shall:
a) Conform in all material respects with their description / the manufacturer’s specification subject to any qualification or representation contained in Our brochures, advertisements, or any other documents.
b) Be of satisfactory quality.
c) Be fit for any purpose We say the Goods are fit for or for any reasonable purpose for which You use the Goods.
d) Be free from material defects in design, material and workmanship subject to Clause 4.1.
e) Comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
2.4. This warranty is in addition to Your legal rights in relation to Goods which are faulty or which otherwise do not conform to these Terms. Advice about Your legal rights is available from Your local Citizens’ Advice Bureau or Trading Standards office.
2.5. This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by You or any third party, use of the Goods in a way that We do not recommend, Your failure to follow Our instructions, or any alteration or repair You carry out without Our prior written approval.
2.6. We will take reasonable steps to pack the Goods properly and use Our best endeavours to ensure that You receive Your order in good condition.
2.7. All goods sold are intended for domestic use unless otherwise stated. We cannot accept responsibility if used for contract/commercial purposes.
2.8. These Terms apply to any repaired or replacement Goods We supply to You in the unlikely event that the original Goods are faulty or do not otherwise conform to these Terms. - Price and Payment
3.1. The price of the Goods shall be the price set out in the Order or in the Seller’s written acceptance of the Order, or, if no price is presented, the price as previously notified to the Buyer.
3.2. We reserve the right to change Our product’s prices at any time without further notice.
3.3. It is always possible that, despite Our best efforts, some of the Goods We sell may be incorrectly priced. We will normally check prices as part of Our dispatch procedures so that, where the correct price is less than Our stated price, We will charge the lower amount when dispatching the Goods to You. If the correct price is higher than the price stated on Our site, We will, at Our discretion, either contact You for instructions before dispatching the Goods, or reject the Order and tell You. If the pricing error is obvious and unmistakable and could have reasonably been recognised by You as an error, We do not have to provide the Goods to You at the incorrect lower price. - Returns & Damages
4.1. The Buyer must inspect the conditions of the Goods immediately upon receipt and report in writing within 3 working days from such inspection, via the contact form on Our website, any damaged Goods or discrepancies in Goods. If You fail to give such notice, the condition of the said Goods shall be deemed to be in all respects in accordance with the Contract and You shall be bound to accept and pay for the same accordingly. The Buyer must keep the packaging intact when unwrapping the Goods. This is essential in preventing the Goods from being damaged on return. Under no circumstances can the Seller accept returns that do not have their original packaging.
4.2. Goods are not accepted by the Seller for return from the Buyer without the prior consent of the Seller and associated reference number.
4.3. If We accept Your claim, We will arrange a collection of the goods on an agreed date and once We have analysed that the goods are either damaged or defective, We will offer one of the below options according to Your own claim:
a) Issue a credit note
b) Issue a discount
c) Provide You with a refund
d) Replace the Goods, this option is only available on Goods over the value of £20
e) Repair the Goods
4.4. All returns must be in the original packaging and in the same condition as it was received.
4.5. All returns must include the returns note supplied to you on confirmation of the acceptance of your return claim.
4.6. The courier company will only collect the approved goods based on Your Returns form.
4.7. The courier company will only collect the returned product from the registered shipping address (meaning, the original delivery address) and under no circumstances will the product be collected from another address. This safeguard is in place to inspect the product at the original address to avoid any possibility of breakage in subsequent transits.
4.8. If the product has been moved to another address, the return stands void.
4.9. Please refer to the Clause 2.1 to understand the natural occurrences on Our products to avoid getting Your claim rejected. - Intellectual Property
All rights in the designs, intellectual property and information on our Website are owned by us or licensed to us. These are protected, as appropriate, by copyright, trademarks and other intellectual property rights. You may only view, reproduce or print the materials on this Website for the purpose of ordering goods from us. The contents of these pages (including pictures, designs, logos, photographs, text and other materials) are the copyright trademarks or registered trademarks of Us or Our suppliers. All rights reserved. You agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary, to make a Purchase) download such material and content onto only one computer hard drive for such purpose. The copying, modification, distribution, reproduction, or incorporation into any other work of part or all the material available on this Website in any form is strictly prohibited. - Limitation of Liability
6.1. Nothing in these Conditions shall limit or exclude the liability of the Seller for:
6.1.1. Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors.
6.1.2. Fraud or fraudulent misrepresentation.
6.1.3. Any matter in respect of which would be unlawful for the Seller to exclude or restrict liability.
6.2. We will not be liable for any indirect or consequential loss howsoever or whatsoever arising from, or in connection with, the supply of defective goods, delay in delivery, non-delivery, or loss or damage to goods whilst in transit to the property of the purchaser, or any third party. Furthermore, We will not be liable for any damage to property, fixtures or fittings during, or after the delivery of product to You. It is Your responsibility to ensure that there is sufficient access to enable safe delivery of goods and assist the driver in off-loading.
6.3. Except as set out in these Conditions, all warranties, conditions and other terms implied by stature or common law are, to the fullest extent permitted by law, excluded from the Contract. - Assignment
You may not transfer any of Your rights or obligations under these Terms to another person without Our prior written consent, which We will not withhold unreasonably. We can transfer all or any of Our rights and obligations under these Terms to another organisation, but this will not affect Your rights under these Terms. - Force Majeure
8.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by events outside Our reasonable control (Force Majeure Event).
8.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond Our reasonable control and includes, in particular (without limitation), the following:
a) Strikes, lock-outs or other industrial action
b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
c) Act of God, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster
d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
e) Impossibility of the use of public or private telecommunications networks
8.3. Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and We will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which Our obligations under these Terms can be performed despite the Force Majeure Event.