You should print a copy of these terms and conditions for future reference.
By ticking the box prior to placing your order with us which says “I Accept Gagliardi’ terms and Conditions of Sale” you are agreeing to be bound by these terms. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
‘We/Us/Our/Ours’ refers to Gagliardi, Registered Office A11 Industrial Estate, Marsa, Malta, MRS 3000
‘Goods’ means the product that Gagliardi have offered or agreed to supply to the purchaser in accordance with these conditions.
‘You’ refers to the person whose order for goods has been accepted by us.
Copyright All rights, including copyright and database rights, in www.gagliardi.eu and its contents, are owned by or licensed to Gagliardi, or otherwise used by Gagliardi as permitted by applicable law. In accessing www.gagliardi.eu, you agree that you will access the contents solely for your own private use but not for any commercial or public use. You can download and use the service on a single CPU at a time and you can print out a single hard copy of any part of the content on www.gagliardi.eu for your personal use. Except as permitted above, you undertake not to copy, store in any medium (including in any other Website), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of www.gagliardi.eu without the prior written permission of Gagliardi or in accordance with the Copyright, Designs and Patents Act 1988 and any successor legislation.
3. YOUR REPRESENTATION
You promise that you are at least 18 years old and have the legal right and ability to enter into this agreement and to use any debit or credit card used to purchase the Products. You also promise that all the information you have provided is accurate and true. You authorise us to perform validation checks and authorisation with the card issuer.
You agree to fully indemnify us, our officers, employees, agents and suppliers, immediately on demand, from and against all claims, liability, damages, losses, costs and expenses arising out of breach by you of these terms and conditions or by your use of this Website, or the use of any other person accessing this Website using your shopping account or personal information.
All prices stated on the Website are inclusive of VAT where applicable, but exclusive of shipping charges, unless we tell you otherwise. Prices and availability of Products may be changed at any time without notice. The price at which you agree to purchase the Products is the price stated on this Website at the time you place your order. Prices in our retail stores and outlets may be different to the prices shown on our Website.
We make every effort to ensure that the images of the Products on our Website are accurate. However because of differences between monitors the colour you see of the product may not accurately reflect its true colour.
7. CARE INSTRUCTIONS
When a Product has care instructions, you must follow these instructions. We are not liable for any loss or damage in the event the instructions have not been followed.
Gagliardi will take all reasonable steps to ensure that your credit card and debit card information (Confidential Information) is kept secure. However unless we have been negligent, we are not liable for any losses arising from unauthorised access by a third party to your Confidential Information.
9. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order, you will receive an e-mail from us (sent to the email address that you have provided when placing your order) acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the “Dispatch Confirmation”). The contract between us (the “Contract”) will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
Please note, once you have placed an order with us, we are unable to amend it.
Where payment is made by a credit or debit card, you authorise us to debit your card with the total cost of the Products selected including VAT and delivery charges. Any refunds made in respect of returns or cancellations will be made to the same card. Where payment has not been made in full, we may cancel your order and/or suspend any further deliveries to you.
11. OUR LIABILITY
(A.1) we warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
(A.2) Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
(A.3) This does not exclude or limit in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
(A.4) We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us and, including but not limited to:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data; or
(f) loss of data
provided that this clause (A.4) shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause (A.1) or clause (A.2) or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause (A.4).
12. AVAILABILITY AND DELIVERY
If you provide to us any instructions relating to the delivery of your order (including, without limitation, instructions to leave the Products in a particular place, outhouse or with a neighbour), you are responsible for ensuring the accuracy of these instructions and we shall not be liable to you in relation to any loss of or damage to the Products resulting from our following of your instructions.
13. RISK AND TITLE
The Products will be at your risk from the time of delivery.
ERRORS AND OMISSIONS
Gagliardi has made every effort to ensure that the information on this Website and in any documentation we may send you (“Information”) is accurate. However we do not make any promises about the Information and we are not liable for any loss or damage, whether direct, indirect or consequential, which may happen as a result of relying on the Information, except where we are not allowed by law to exclude our liability.
14. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, 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) fire, explosion, storm, flood, earthquake, subsidence, epidemic 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.
(f) the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If any part of these conditions is invalid, illegal or unenforceable (including any provisions in which we exclude our liability to you), the validity, legality or enforceability of any other part of these conditions will not be affected. This agreement is governed by English law.
We do not give any contractual rights to third parties, and the Contracts (Rights of Third Parties) Act 1999 will not apply to any contract between us.