Terms & Conditions
1 Definitions
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"Buyer" means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Supplier;
1.5 "Services" means the services that the Buyer agrees to buy from the Supplier;
1.6 "Supplier" means Gelston Lamb that own & operates www.gelstonlamb.co.uk
1.7 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
1.8 "Website" means www.gelstonlamb.co.uk
2 Conditions
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2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
2.6 Any complaints should be addressed to the Supplier's address stated in clause 1.6.
3 Ordering
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3.1 All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.
3.3 Promotional and discount codes are to be used only once where applicable and may not be combined with any other offers. Should an offer code be used more than once, or is deemed by the Supplier to abuse the fair usage policy then the Supplier can withdraw, withhold or cancel the promotional code at any time.
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3.4 We are speciality producers so please allow up to 7 working days from ordering for us to dispatch your order. We will, in any case, contact you by email to confirm receipt of your order. We are unable to provide an exact time for delivery but please supply information if you would like us to leave your order with a neighbour or in a safe place i.e. porch.
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4 Price And Payment
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4.1 The price of the Goods and/or Services shall be that stipulated on the Website. The price is inclusive of VAT.
4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received the Supplier shall confirm by email the details, description and price for the Goods and/or Services together with information on the right to cancel if the Buyer is a Consumer.
4.4 Payment of the price plus VAT and delivery charges, if applicable, must be made at the point of ordering.
4.5 In terms of products ordered in advance payment of the price plus VAT and delivery charges, if applicable, must be made at the point of ordering although orders will not be shipped out until the agreed specified date
4.6 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.
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4.7All payments are due upon receipt. If a payment is not received or payment method is declined, the buyer forfeits the ownership of any items purchased. If no payment is received, no items will be shipped.
5 Performances Of Services
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5.1 The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible
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6 Rights Of Supplier
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6.1 The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
6.2 The Supplier reserves the right to withdraw any Goods and/or Services from the Website at any time.
6.3 The Supplier reserves the right to withdraw or suspend any promotion or offer code at any time.
6.4 The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the Website or for refusing to process an order.
7 Delivery
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7.1 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree to a new delivery date or receive a full refund.
7.2 If an item is lost during delivery, the total cost of the item, including delivery, will be refunded to the buyer by Gelston Lamb. If an item is damaged during delivery, Gelston Lamb will not be held responsible.
7.3 We cannot make deliveries on Saturdays, Sundays. Nationwide delivery orders will be dispatched on a Wednesday to arrive Thursday. Local deliveries are made on Wednesday, please see the delivery option at checkout for your areas delivery day.
7.4 Non-UK Mainland Delivery Charges. Please note the delivery charge quoted covers UK mainland only. If you require delivery to be made to non-mainland UK destinations in N.IRELAND, THE ISLE OF MAN, THE SCOTTISH ISLANDS, THE ISLES OF SCILLY, EIRE, or THE CHANNEL ISLANDS please contact us for a quotation. We regret that we are unable to send goods beyond the U.K.
7.3 Delivery is subject to availability of available delivery slots and postcode restrictions.
7.4 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.5 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.
7.6 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
7.7 The couriers have permission to leave the delivery in a place they deem safe if the package cannot be signed for.
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8 Cancellation And Return
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8.1 An item may be cancelled up until payment has been processed. Once payment has been processed, the buyer is responsible for payment.
8.2 Items are entitled to be refunded or returned based on complaint. If an item is damaged during delivery, a replacement item will be sent free of charge. If an item is unsatisfactory, a written explanation is needed before the item may be considered for a refund. Buyer must take into account the description of the item before requesting a refund. If the item matches the description by Gelston Lamb and the buyer is unsatisfied, Gelston Lamb is not responsible for refund. Exchanges are granted on a case-by-case basis.
8.3 Goods that have been returned due to a complaint must be received back within 48 hours and must be returned with packaging to ensure they are kept cool.
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9 Limitation Of Liability
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9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.
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10 Waiver
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10.1 No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
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11 Force Majeure
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11.1 The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lockouts, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
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12 Severance
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12.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
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13 Changes To Terms And Conditions
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13.1 The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
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14 Governing Law And Jurisdiction
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14.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales, and the parties hereby submit to the exclusive jurisdiction of the English courts.
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15 Substitution Of Products
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Under extreme circumstances, we reserve the right to substitute certain products which may form part of a product or offer pack.
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16 Complaints
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16.1 Any complaints about items from Gelston Lamb may be sent to our support team: info@gelstonlamb.co.uk or 01400251501. Each case will be looked at individually and there is no guarantee of a resolution but Gelston Lamb will do their best to help resolve any issues.
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16.2 It is your responsibility to check your order carefully immediately on receipt of goods. In the unlikely event of goods being unsatisfactory, damaged or incomplete you should accept delivery and contact us within 2 working days, after this time period has elapsed we will be unable to consider complaints.
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18 Nuts
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18 All products are produced in nut environments and could possibly be contaminated with nuts.
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