GERnetic UK Marguerite Thorpe UK © All rights reserved. Privacy Policy | Terms of Use

Welcome to the GERnetic UK website at www.gernetic.co.uk (the "Site"). GERnetic (U.K.) Limited (“we”, “us or “our”) provides the services available on the Site and supplies the products (“Products”) for sale on the Site to you subject to the following terms and conditions (the "Terms and Conditions"). Please read these Terms & Conditions carefully before ordering any Products from our Site. You should understand that by ordering any of our Products, you agree to be bound by these Terms and Conditions. You should print a copy of these Terms and Conditions for future reference. Please understand that if you refuse to accept these Terms and Conditions, you will not be able to order any Products from our Site.
1. Privacy
Please review our Privacy Policy, so that you may understand our privacy
practices. The Privacy Policy forms a part of these Terms and Conditions and also
governs your visit to this Site.
2. Product Descriptions and Prices
2.1 We will take
all reasonable care to ensure descriptions, details and prices of Products appearing
on the Site are accurate at the time they are entered onto the system. Our Site contains
a large number of Products and it is always possible that, despite our best efforts,
some of the Products listed on our Site may be incorrectly priced. If a Product’s
correct price is higher than the price stated on our Site, we reserve the right to
cancel your order prior to sending you Dispatch Confirmation (as defined below) or
to supply it at the previously indicated price.
2.2 We are under no obligation to
provide Products to you at incorrectly stated (lower) prices, even after we have
sent you a Dispatch Confirmation (as defined below) if the pricing error could be
identified as a mis-pricing by a person acting reasonably.
2.3 Product prices are
in pounds sterling and are stated inclusive of VAT (where applicable) and exclusive
of delivery charges which will be indicated before order completion.
2.4 While we
aim to keep the Site as up to date as possible we do not warrant that product descriptions
or other content available on the Site is accurate, complete, reliable, current,
or error-free.
3. Restrictions on Orders
3.1 Products advertised for sale on the Site
may be ordered only if the invoice and delivery addresses are in the United Kingdom
and if payment is made by using your own credit or debit card.
4. Contract Creation
4.1 To make an order please follow the series of simple instructions
specified on the Site. After placing an order we will send you an email to acknowledge
our receipt of your order. Please note this does not mean that your order has been
accepted by us. Your order constitutes an offer to us to purchase Products. Our acceptance
of your order and the completion of the contract between you and us (the “Contract”)
will take place when we dispatch the Products ordered to you.
4.2 We may at our entire
discretion (without any liability to you) choose not to accept all or part of your
order. The Contract will relate only to those Products which we have dispatched.
5.
Contract Cancellation, Incomplete Deliveries and Damaged and Faulty Goods
5.1 Orders
will normally be processed immediately. Should you wish to cancel your order prior
to dispatch, please contact our Customer Services by email at info@gernetic.co.uk
as soon as possible, stating your customer number and order details (including order
number) in all communications.
5.2 You may cancel a Contract after Products have been
dispatched within 7 working days, beginning on the day after you receive the Products.
5.2.1 you must inform us in writing. Please email our Customer Services at info@gernetic.co.uk,
stating your order details and dispatch note details in all communications. Customer
Services will send you an email stating our returns authorisation code which you
should keep for future reference. Details of our returns process will be enclosed
within the order packaging, including the return address.
5.2.2 you must return the
Products(s) to us immediately, in the same condition in which you received them,
and at your own cost and risk. You have a legal obligation to take reasonable care
of the Products while they are in your possession. You should return the Product(s)
together with the original dispatch note and the returns authorisation code, to arrive
at our warehouse within 14 working days after the date you originally receive it.
5.3 In the unlikely event that you discover a Product is defective more than 7 working
days after the date on which you received it, please email our Customer Services
department at info@gernetic.co.uk for a returns authorisation code and for details
of our returns process, stating your order details in all communications.
5.4 If
your order arrives and the Products are not those you ordered, or the order is incomplete,
or the Products are in a damaged condition when you received them, please notify
our Customer Services by email at info@gernetic.co.uk of the facts immediately, stating
your dispatch note details in all communications. In the case of damaged goods please
retain all packaging and damaged Products for inspection by the carrier.
5.5 Subject
to these Terms and Conditions we will within a reasonable time refund the price you
paid for the returned Products together with the initial delivery charge. Where only
part of an order is returned to us, we may reduce the amount of the delivery charge
we refund you to account for the delivery costs of those items sent to you and not
returned.
5.6 You will be responsible for the cost of returning any items to us.
However, Products returned by you which are defective will be refunded in full, including
a refund of the delivery charges for sending the item to you and the reasonable cost
incurred by you in returning the item to us.
5.7 We will only make a refund to the
original credit or debit card account used to make the online purchase.
5.8 No refunds
will be made where we reasonably assess that a Product has in fact been used, unless
the Product is defective.
5.9 Returns of goods purchased from other outlets are not
covered by these Terms and Conditions and will not be accepted. These provisions
do not affect your statutory rights.
6. Samples
Samples are subject to availability
and will only be sent to addresses in the United Kingdom. Any samples we provide
for you to test are for your personal use only.
7. Promotional Offers
All promotional
offers available from time to time on the Site are limited to the United Kingdom
and are subject both to stock availability and the offer time period stated.
9. Intellectual
Property
9.1 All content and technology available on or underlying the Site, including,
but not limited to, text, graphics, logos, button icons, images, audio clips, data
compilations, and software (the "Content"), and the intellectual property rights
in and to such Content, is owned by or licensed to us, and is protected by copyright
laws and treaties around the world. All such rights are reserved
9.2 The trademarks,
logos, and service marks displayed on the Site (collectively the "Trademarks") are
registered and unregistered marks owned by us or our licensors. Except as set forth
in the limited licence in Clause 10 below, neither the Site, the Trademarks, nor
any portion of the Site may be reproduced, duplicated, copied, sold or otherwise
exploited for any purpose without our prior written consent.
10. Limited License
10.1
We grant you a limited, revocable and non-exclusive license to access and make personal
use of this Site. You may not frame or utilise framing techniques to enclose the
Site or any portion thereof without our prior written consent. The limited license
set forth in this Clause 10 does not include the right to:
10.1.1 modify or download
the Site or its Content (except caching);
10.1.2 make any use of the Site or its
Content other than personal use;
10.1.3 create any derivative work based upon either
the Site or its Content; 10.1.4 use any meta tags or any other “hidden text” utilising
our name or the Trademarks without our express written consent; or
10.1.5 use web
robots, spiders, crawlers or similar data gathering and extraction tools, or take
any other action that may impose an unreasonable burden or load on our infrastructure.
10.2
Any unauthorised use by you of this Site terminates the limited license set forth
in this Clause 10.
11. Your Account
11.1 You are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and you
accept responsibility for all activities that occur under your account or password.
11.2 If you are accessing and using this Site on someone else's behalf, you represent
that you have the authority to bind that person as a principal to all terms and conditions
provided herein, and you agree to accept liability for any harm caused by that person's
wrongful use of this Site.
11.3 We reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel your account or any orders placed from
your account for any reason, at our sole discretion.
12. Linking To and From Our Site
12.1
You may link to our home page, provided you do so in a way that is fair and legal
and does not damage our reputation or take advantage of it, but you must not establish
a link in such a way as to suggest any form of association, approval or endorsement
on our part where none exists. You must not establish a link from any website that
is not owned by you. We reserve the right to withdraw linking permission without
notice.
12.2 We are not responsible for the content of any off-Site pages or any other
sites linked to this Site. Links appearing on this Site are not an endorsement by
us of the referenced content, product, service, or supplier. You acknowledge and
agree that your linking to or from any other off-Site pages or other sites is at
your own risk. We are not in any way responsible for examining or evaluating the
offerings of off-Site pages or any other sites linked to this Site, and we provide
no warranties in relation thereto nor assume any responsibility or liability for
the actions, products, or content of such pages and sites, including, but not limited
to, their privacy statements and conditions of use. You should carefully review the
conditions of use of all off-Site pages and sites that you choose to visit. We shall
not be responsible or liable for any loss or damages of any sort caused or alleged
to be caused or incurred as a result of dealings with, or the presence of, off-Site
links on this Site, nor are we responsible or liable for any computer viruses, system
failure or malfunction which may occur during hyperlink to third party sites.
13.
Your Status
13.1 By placing an order through our Site, you warrant that:
13.1.1 you
are legally capable of entering into binding contracts; and
13.1.2 you are at least
18 years old.
13.2 Persons under 18 years of age may browse this Site but must not
seek to register for GERnetic online orderservice, nor place an order, make a purchase
or provide any personal information to us.
14. Stock Availability and Back Orders
14.1
Stock quantity information for Products (where available) can be used to estimate
the likelihood that a Product will be shipped immediately after you place your order.
Unfortunately, we cannot guarantee that a Product listed as “in stock” will actually
ship right away, as inventory can change significantly from day to day. In rare cases,
a Product may be in stock when you place your order, and sold out by the time your
order is processed. Should this happen, we will endeavour to notify you via email.
On occasion, items will not be in stock despite availability in stores. We will make
reasonable efforts to get the item(s) back in stock as soon as possible. If you place
an order and we are unable to ship item(s) to you, we will cancel the item(s) from
your order, notify you promptly via email, and update the Site accordingly. We will
not charge your credit or debit card until the item is dispatched. Please note that
customers cannot currently order Products listed as being out of stock.
14.2 Your
order will be fulfilled by the delivery date set out in the Dispatch Confirmation
or, if no delivery date is specified, then within a reasonable time of the date of
the Dispatch Confirmation, unless there are exceptional circumstances.
15. Title
Ownership
of the Products will only pass to you when we receive full payment of all sums due
in respect of the Products, including delivery charges.
16. Payment
We reserve the
right to decide which methods of payment (including types of credit and debit cards)
we choose to accept from time to time. You confirm that any credit or debit card
used to pay for your order belongs to you. Users of credit and debit cards are subject
to validation checks by the card issuer. We accept no liability for any delay or
non-delivery resulting from a card issuer refusing to authorise a payment or from
our failure to accept a payment.
17. Our Liability
17.1 The material displayed on
our Site is provided without any guarantees, conditions or warranties as to its accuracy.
17.2 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.
17.3 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.
17.4 Nothing contained in these Terms and Conditions exclude or limit
in any way our liability:
17.4.1 for death or personal injury caused by our negligence;
17.4.2
under section 2(3) of the Consumer Protection Act 1987;
17.4.3 for fraud or fraudulent
misrepresentation; or
17.4.4 for any matter for which it would be illegal for us to
exclude, or attempt to exclude, our liability.
17.5 To the extent permitted by law
we hereby expressly exclude all conditions, warranties and other terms which might
otherwise be implied by statute, common law or equity.
17.6 We are not responsible
for indirect losses which happen as a side effect of the main loss or damage (such
as loss of income or revenue, loss of business, loss of profits or contracts, loss
of anticipated savings, loss of data, waste of management time or office time) however
arising and whether caused by tort (including negligence), breach of contract or
otherwise, even if foreseeable.
18. Indemnification
You agree to indemnify us against
any loss, damages or costs incurred or payable by us including reasonable legal fees,
resulting from any third party claim, action, or demand resulting from your use of
the Site in breach of these Terms and Conditions.
19. Disputes
Your use of the Site
and any Contracts and agreements formed between you and us shall be governed and
interpreted according to English Law and any disputes or proceedings shall be subject
to the exclusive jurisdiction of the courts of England.
20. Written Communications
Applicable
laws require that some of the information or communications we send to you should
be in writing. When using our Site, you accept that communication with us will be
mainly electronic. We will contact you by e-mail or provide you with information
by posting notices on our website. For contractual purposes, you agree to this electronic
means of communication and you acknowledge that all contracts, notices, information
and other communications that we provide to you electronically comply with any legal
requirement that such communications be in writing. This condition does not affect
your statutory rights.
21. Notices
All notices given by you to us must be given to
Marguerite Thorpe at