1) Definitions
- "Gracie's" means Gracie's Dolly Shop also referred to as "we" or "us" in these terms and conditions.
- "Catalogue" means the catalogue of products and services offered by Gracie's.
- "Force Majeure" means any cause affecting the performance by Gracie's of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
- "Normal Working Hours" means 9 am to 5 pm on a Working Day.
- "Working days" means Monday to Friday, excluding Bank or other Public holidays.
2) Orders
- All orders are subject to acceptance and to availability of the goods ordered: Gracie's are entitled to refuse any order placed by you.
- You undertake that: all details you provide to us for the purpose of purchasing goods or services offered on our web site are correct, and the credit or debit card you use to make a purchase from us is your own card and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
3) Prices
- All products on this site are priced, and invoiced in United Kingdom Pounds. All prices are inclusive of VAT (Value Added Tax) at 17.5%.
- Gracie's reserves the right to modify the prices from time to time.
4) Delivery and Title
- Gracie's shall use reasonable endeavours to despatch goods within 2 - 3 working days, but does not accept liability for failure to deliver within this stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, we shall contact the customer and advise of the delay.
- Goods will only be dispatched once payment has been received in full.
- Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to Gracie's in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to Gracie's before delivery of the goods or notification from Gracie's that the goods are ready for delivery.
5) Payment
- We accept all major credit and debit cards (INCLUDE IMAGE OF CARD LOGOS)
- Gracie's makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications.
- If Gracie's cannot supply the goods ordered by the Customer, Gracie's reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to Gracie's in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances.
6) Returns Policy
- Gracie's is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.
- Subject to the right of Consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000 (see Clause 8), Gracie's does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering. In some instances, Customers may benefit from special price discounts. Such goods are not returnable. Accordingly, orders for such goods can not be cancelled and Gracie's can only accept a return of such Goods where they prove to be defective and the Goods are returned for repair or replacement.
- Subject to testing to verify any alleged fault, we will accept the return of defective goods for full refund or replacement at our option, if, but only if, the goods are returned within 14 days of delivery. Consumers who wish to return defective products are not obliged to follow the processes set out below, but are recommended to do so as this helps us to provide a more efficient returns service.
- Gracie's Customer Support staff, as appropriate, will advise you of which method of delivery to use to return the products. Depending on the nature of the product purchased, we will either arrange a courier collection, or request that you return the product directly to us. If the goods are found on inspection to be defective, the cost of returning the item will be refunded to you. Authorised product returns must be sent to: Gracie's 4a Market Place, Dereham, Norfolk, NR19 2AW.
- Gracie's offers a "no charge" collection, repair and delivery service (on the UK mainland only) for goods which are shown to be faulty provided that the fault is reported within 14 days of delivery. If we have arranged for a courier collection of your product, we are unable to specify the collection time, and it is your responsibility to ensure that someone will be present at the collection address when the courier arrives.
- All returned goods (except those returned under Clause 8) must be accompanied by Gracie's Returns Authorisation number ('RA Number') which can be obtained by contacting Customer Support on 01362 692607. Returned goods will not be accepted without an RA Number. Do not write directly on the manufacturer's packaging. Please write the RA number on the address label provided with the Returns Authorisation and attach it to the returned package. Any defacement of the manufacturer's packaging or damage caused by inadequate packaging may result in the rejection of the return or an additional restocking fee, at Gracie's sole discretion.
- Gracie's cannot accept liability for packages damaged during transit. It is the Customer's responsibility to wrap the product adequately to prevent damage.
- Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to insure the goods for their full value.
- On receipt of the returned product, we will test it to identify the fault you have notified to us.
- If following the testing process, the product is found to be in good working order without defect, we will return the product to you, and the carriage costs of this return will be your responsibility. Please note that if you have, in the meantime, required us to provide you with a replacement product before completion of the testing process, you will have to pay for this product also. This Clause does not apply to Consumers returning goods pursuant to Clause 8.
- Unless otherwise stated in the manufacturer's documentation, all goods delivered to a UK mainland address carry a 12-month manufacturer's warranty. Customers who wish to make a warranty claim must comply with the manufacturer's instructions and warranty procedure. In order to resolve your problem as quickly as possible, we may refer you to the product manufacturer who will deal directly with the return. In these instances, we will provide you with the contact information for the relevant manufacturer. If you are a consumer, this does not affect your statutory rights.
- This warranty shall not apply if the goods have been worked upon, altered or damaged in any way by the Customer, or the goods have not used in accordance with the manufacturer's instructions.
- Some manufacturers require goods to be returned within 14 days or less in order to secure refund. In such instances the manufacturer's time limit will apply and therefore Gracie's will only accept a return within 14 days of purchase or the manufacturer's time limit, if that limit is less than 14 days. This is clearly indicated on the catalogue page for the particular product. We can only accept the return of a defective product that does not meet the description, if they are returned to us within 14 days. Beyond that period you will be deemed to have accepted the goods and you must therefore check the goods promptly on receipt. Please note that this period is reduced to 7 days for specials and stock clearance products as set out in condition 8.
7) Force Majeure
- Where, in spite of its reasonable efforts, Gracie's is unable to perform an obligation due to circumstances beyond its reasonable control, it shall not be deemed to be in breach of its contract with the Customer.
8) Special Rules for Specials & Stock Clearance Products
- Please note that special terms apply to Consumers who wish to return goods, which prevail over the provisions of this Clause 8.
- Goods sold as "Specials" or "Stock Clearance" are downgraded goods that Gracie's are able to offer at a discount on the normal catalogue price. Stocks of goods offered as Clearance Bargains are limited and such goods are sold subject to the following special rules. These special rules apply in addition to, and in the event of any conflict override, all of Gracie's other terms and conditions.
- Clearance Bargains are graded according to the condition of the goods, which is described at the point of sale. The length of the guarantee (if any), with the benefit of which the goods are sold, is specified in the description of the relevant grade.
- Stock Clearance, by their very nature, have limited availability. Upon receipt of an order for Stock Clearance, Gracie's will check stock availability. Until stock availability is confirmed to the customer, a contract for sale will not be created and no payment will be debited from the customer.
- All goods sold by Gracie's as 'Specials' are sold subject to the following special rules that apply in addition to Gracie's other terms and conditions.
- Products are non-returnable unless we have made an error or the goods are faulty;
9) The Consumer Protection (Distance Selling) Regulations 2000
- Purchase of goods made over the telephone or through the Gracie's website, or by mail order, are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 ('the Regulations').
- If the Regulations apply, Customers may cancel goods purchased from Gracie's by sending a written notice of cancellation by post or hand delivery addressed to Gracie's 4a Market Place, Dereham, Norfolk, NR19 2AW or by e-mail to customerservices@gracies.co.uk.
- The notice of cancellation must be delivered within 7 working days of the day after date of delivery of the goods.
- The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to Gracie's, the Customer is under a duty to make the goods available for collection at the Customer's expense from the address to which they were delivered.
- The Customer is under a duty to retain possession of the goods whilst awaiting return to Gracie's and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation.
10) Errors and Omissions
- Gracie's makes every effort to ensure that all prices and descriptions quoted in its catalogue and on its website are correct and accurate. However, the frenetic tempo of e-commerce makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, Gracie's will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer's order and/or received payment from the Customer. Gracie's liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by Gracie's after the manifest error has been discovered.
- A 'manifest error', as the term is used above, means, in relation to an incorrect price, a price quoted in error by Gracie's which is more than 10% less than the price that would have been quoted had the mistake not been made.
11) Customer Services
- If you need to contact Gracie's Customer Services department, this can be done by using any of the following methods:
Post
4a Market Place
Dereham
Norfolk
NR19 2AW
Telephone
01362 692607
E-Mail
12) General
- Nothing in these terms and conditions affects your statutory rights as a Consumer.
- If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
- Any waiver of a breach of this Agreement must be in writing.
- Any variation of this Agreement must be in writing and signed by an authorised Gracie's official.
- The headings are for convenience only and shall not affect the interpretation of this Agreement.
- Any notices given under this Agreement shall be in writing and sent (a) by first class pre-paid post to the last known address of the party; or (b) by fax to their last known fax number; or (c) by e-mail to the last notified e-mail address of the party.
- These terms and conditions shall be governed by and construed in accordance with the laws of England & Wales and the parties submit to the non-exclusive jurisdiction of the English courts.