Terms of service

GULP CREATIONS LIMITED – TERMS AND CONDITIONS

 

1.            INTRODUCTION

 

1.1.        We are Gulp Creations Limited, a company registered in England and Wales with company number 16336491.  Our trading address is 3 Pentagon Way, Wetherby, LS22 6AU.

 

1.2.        These are the terms and conditions which apply when you purchase goods from us through our website (www.gulpfactory.co.uk). Please read these terms carefully before you submit your order to us.

 

1.3.        In some respects, you may have different rights under these terms depending on whether you are a business or consumer.  You are a consumer if you are an individual and you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

 

1.4.        Goods purchased from us are not 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 only supply goods for domestic and private use.  Nothing in these terms excludes our liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.

 

1.5.        If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in the order. 

 

1.6.        If you need to contact us, you may do so by one of the following means:

 

Email: hello@gulpfactory.co.uk

Post: Gulp Creations Ltd, 3 Pentagon Way, Wetherby, LS22 6AU

 

1.7.        We only accept orders from addresses within the United Kingdom and certain countries in the European Union.

 

1.8.        These terms, and any documents referred to within these terms, constitute the entire agreement between us in relation to your purchase.  You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

 

 

 

2.          PRIVACY AND PERSONAL INFORMATION

 

We will only use your personal information and data in accordance with our Privacy Policy, which can be accessed here.

 

3.          ORDERING GOODS

 

3.1.      When you place an order for goods from us through our website, you should receive an email confirming receipt of the order.  Our acceptance of the order will take place once payment has been approved and we have debited your payment card, at which point a contract will come into existence between you and us.

 

3.2.      Once you place an order through our website, you will only be able to make changes to the order within 24 hours of placing it.  After this time, you will not be able to make any changes to the order. 

 

3.3.      If we are unable to accept the order or supply you with the goods, we will inform you in writing and will not charge you for the goods, or will refund you the full amount where payment has already been taken.  This may be because the goods are out of stock, because of unexpected limits on our resources for which we could not reasonably plan, because we have identified an error in the price or description of the product, or because we are unable to meet the delivery needs you have specified.

 

3.4.      You will be assigned an order number after placement of the order.  You should quote this order number whenever you need to contact us about the order.

 

3.5.      For personalised orders, you are responsible for ensuring the accuracy of all specifications, including spellings and any other personalised details.  We will not be liable to refund you for any goods that have been produced in accordance with specifications that were provided incorrectly by you at the time of placing the order.  

 

3.6.      For personalised orders which include a photograph, we will send a proof, to the email address you provided to us in the order, before the order is printed.  You are required to reply to that email with confirmation that the order is approved. If you do not respond that email within 24 hours, then we will proceed to print the order as it is displayed in the proof.  

 

3.7.      We may offer a discounted price on bulk orders for certain organisations and large events.  In these circumstances, you should contact us by email to request a custom quote. 

 

 

 

4.          OUR PRODUCTS

 

4.1.      The images of the products on our website are for illustrative purposes only.  Although we have made every effort to display the products and colours accurately, we cannot guarantee that your device’s display accurately reflects the product and its colour.  Your product may vary slightly from the images on our website.

 

4.2.      Although we have made every effort to be as accurate as possible, the sizes of the products indicated on our website are approximate.

 

4.3.      To maintain the quality standard of our products, we recommend that you should handwash them only.

 

4.4.      Our products are BPA-safe and comply with all relevant regulations and standards regarding BPA usage.

 

4.5.      Whilst our products are generally designed for the everyday use of anyone over three years of age, some of our products may involve potential hazards, choking or otherwise, for children and we therefore recommended that our products are used under the supervision of an adult where appropriate.  

 

5.          DELIVERY

 

5.1.      The costs of delivery will be applied in addition to the prices for the goods you are purchasing.  The amount of the delivery charge and estimated delivery timescales will be displayed on our website before you finalise the order, and will depend on the delivery option you choose and which country the order is to be delivered to.

 

5.2.      Where orders are delivered to countries in the European Union, you are responsible for payment of any additional customs duties or taxes, and these will similarly be applied in addition to the prices for the goods you are purchasing.  

 

5.3.      You must provide us with a complete and accurate delivery address when placing an order for goods.  This includes the address that your order is to be shipped to and the name of the recipient.  We will not be liable for delivery to the incorrect address or person as a result of you supplying with incomplete or inaccurate information. 

 

5.4.      Once the order has been dispatched, you should receive tracking information from either us or the shipping provider (Royal Mail UK)

 

5.5.      We will endeavour to deliver the order within the estimated delivery timescales provided, but there may be delays that are out of our control and which we are not liable for.  This includes, but is not limited to, material or product shortages, transportation disruption, public and bank holidays, import delays, postal service delays, software or technical failures, or higher than anticipated demand. 

 

5.6.      Delivery of the order may take longer than usual during sale or other busy periods.

 

5.7.      The goods will be your responsibility from the time that they have been delivered to the address that you provided when placing the order.

 

6.          RIGHTS TO CANCEL

 

6.1.      If you have any questions or complaints about the goods, please contact us by email in the first instance.

 

6.2.      If we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed, you may terminate the order and we will refund you in full for any products which have not been provided.

 

6.3.      If you cancel the order within 24 hours of placing it, we will proceed to refund you in full on the basis that production of the goods has not yet commenced. 

 

6.4.      If the goods are faulty or if you have received an incorrect product, you must notify us and return it as soon as possible in accordance with paragraphs 7.1 and 7.2. 

 

6.5.      If you are a consumer then, subject to paragraphs 6.6 and 6.7, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have a right to change your mind within 14 days after the day you receive the goods and receive a refund.   If the goods are split into several deliveries over different days, then you have until 14 days after the day you receive the last delivery. 

 

6.6.      Your right as a consumer to change your mind under paragraph 6.5 does not apply to any products that are made to your specifications or are personalised, or any products which become mixed inseparably with other items after their delivery. 

 

6.7.      All products will be inspected on return.  If you are a consumer, and so long as paragraph 6.6. does not apply to your order, then in order to receive a full refund in accordance with paragraph 6.5, the product must not have been damaged, washed, or used, and must be in the same condition you received it with the original packaging, and all tags and labels attached.

 

 6.8.      We will not accept returns of products due to a consumer change of mind after the return period of 14 days as set out in paragraph 6.5.  If you attempt to return a product after the 14-day period expires, then we may return it to your delivery address and require you to pay the delivery costs. 

 

6.9.      Even if we are not at fault and you are not a consumer who has a right to change their mind, you can still end the contract before it is completed, but you may have to pay us compensation. The contract is completed when the product is paid for and dispatched. The contract will end immediately and we will refund any sums paid by you for products not provided, but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of you terminating the contract.   In these circumstances, you should contact us in accordance with paragraph 7.1. 

 

6.10.   If you are a consumer, we are under a legal duty to supply goods that are in conformity with these terms and conditions.  Nothing in these terms will affect your statutory rights. 

 

7.          HOW TO RETURN

 

7.1.      If you wish to terminate the contract, or return the goods, you must notify us by email and provide your name, order number, delivery address, telephone number and your reason for termination.  Where you are returning goods on the basis that they are faulty or incorrect, you should also provide us with clear photographic evidence.   If you are a consumer exercising your right to change your mind in accordance with paragraph 6.5, you must provide us with a completed cancellation form as set out at Schedule One to these terms, or a written notification in words to that effect. 

 

7.2.      If you terminate the contract for any reason after the goods have been dispatched, or received, you must return them to us.  You must return the product by post to us at Gulp Creations Ltd, 3 Pentagon Way, Wetherby, LS22 6AU.  You should retain proof of postage.

 

7.3.      If you are a consumer exercising your right to change your mind in accordance with paragraph 6.5, you must return the products within 14 days of telling us you wish to terminate the contract.

 

7.4.      We will pay the costs of return if the products are faulty.  In all other circumstances (including where you are a consumer exercising your right to change your mind), you must pay the costs of return.  

 

7.5.      If you are entitled to a refund, we will refund you the price you paid for the products, not including delivery costs, by the method you used for payment.

 

7.6.      We will make any refund due to you as soon as possible. If you are a consumer exercising your right to change your mind then we will aim to refund you within 14 days from the day on which we receive the goods back from you.

 

7.7.      We will not be responsible for any loss or damage to the goods that occur before they are returned to us including where they are lost or damaged in transit.

 

8.          PRICE AND PAYMENT

 

8.1.      The price of the product (which includes VAT where applicable) will be the price indicated on the order pages when you place your order. 

 

8.2.      It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced.  If the product’s correct price on the date of your order is higher than the price stated to you, we will contact you, may terminate the contract, refund you any sums that you have paid and require the return of any goods provided to you.

 

8.3.      You can pay for the goods using the following payment options: Shopify Payments or Etsy Payments.

 

8.4.      You must pay for the goods on submitting the order before we dispatch them.

 

8.5.      You must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

 

9.          INTELLECTUAL PROPERTY

 

9.1.      We own or have permission to use the intellectual property rights in our website and its content.  All such rights are reserved.

 

9.2.      You are not permitted to store, print, display, copy or resell the intellectual property rights in our website, or its contents, without our express written permission.

 

9.3.      You are not permitted to use our logos, or any of our brand or trademarks without our express written permission.

 

9.4.      By placing a personalised order, you are confirming that you have the rights and/or permissions to use the personalised details and/or photographs provided.

 

10.       MISCELLANEOUS TERMS

 

10.1.   We may transfer our rights and obligations under these terms to another organisation.

 

10.2.   This contract is between you and us.  No other person shall have any rights to enforce any of its terms.

 

10.3.   Each of these terms operate separately.  If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

 

10.4.   If we do not insist immediately that you do anything that you are required to do under these terms, or if we delay in taking steps which we are entitled to take against you, that will not mean that you do not have to do those things, and it will not prevent us taking steps against you at a later date. 

 

10.5.   Any dispute or claim arising out of or in connection with these terms, or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the law of England and Wales.  The courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.