Please read these terms and conditions carefully and make sure that you understand them, 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. Please retain a copy of these terms and conditions and your order for future reference.
1.1. In these terms and conditions:
we, us and our refer to GSL Power Ltd;
you and your refer to the purchase of any Products from us;
Contract means the contract between you and us for the sale by us to you of Products as detailed in clause 5;
Products means any goods or services you order from us;
Order means an order placed by you for the purchase of products via Purchase Order or a written e-mail agreement.
2. Information about us
2.1. We operate the website www.gslpower.com. We are GSL Servicing Ltd, a company registered in England and Wales under company number 5437246 and have our registered office at Unit 6, Dinan Way Trading Estate, Concorde Road, Exmouth, EX8 4RS. Our VAT number is 836894082.
3. Your Status
By placing an order through our site, you warrant that:
3.1.1. you are legally capable of entering into binding contracts;
3.1.2. you are at least 18 years old;
4. Links to other websites
4.1. We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. If you would like information about your legal rights you should contact your local trading standards or citizens advice bureaux. We will notify you when a third party is involved in a transaction, and we may disclose your personal information related to that transaction to the third party seller.
5. How the contract is formed between you and us
5.1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that we are not obliged to accept your order. 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.
6. Description of Goods
6.1. We make every effort to ensure that prices and descriptions of Products shown on our website are accurate at the time you place your order. We have made all reasonably efforts to accurately display the colours and designs of the Products. You acknowledge and accept that sizes, colours, shapes and patterns shown on the website are approximate only.
7. Availability and delivery
7.1. We will deliver the Products that you order to the delivery address you give when you place your order.
7.2. We will endeavour to deliver the Products 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.
7.3. If there is no one available to accept the delivery when our courier arrives, the courier will keep the Products for up to two days and you can arrange for a new delivery date. After two days we may treat the order as cancelled by you. In this case we may refund the price of the Products, but we shall be entitled to keep the amount you paid for delivery.
7.4. If you give us an incorrect or incomplete delivery address and as a result we try but are not able to make the delivery, we may treat the order as cancelled by you. In this case we may refund the price of the Products, but we shall be entitled to keep the amount you paid for delivery.
8. Risk and title
8.1. The Products will be your responsibility from the time of delivery.
8.2. Ownership of the Products will only pass to you when we receive full payment of all sums due from you to us, including delivery charges.
9. Price and Payment
9.1. The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
9.2. Product prices exclude VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
9.3. Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
9.4. 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. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
9.5. If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
9.6. Payment for all Products must be by Visa, Visa Debit, MasterCard, Visa Electron, PayPal or BACS. We will not charge your credit or debit card until we dispatch your order.
10. Faulty Products
10.1. In these terms and conditions, Faulty Products means any Product that we supply to you that do not conform to the Contract. Faulty Products does not include any Products that are faulty due to fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with their intended use, failure to follow the manufacture’s or our instructions, or any alteration or repair carried out without the prior approval of us or the manufacturer.
10.2. You should contact us on 01395 271134 or email@example.com as soon as possible if you discover that your Products are Faulty Products.
10.3. If you find that your Products are Faulty Products on arrival, then you are entitled at our option to a repair, replacement or refund. Please note that for some Products it may be disproportionately costly to repair those Products, and so where this is the case, then we will give you a replacement or refund.
10.4. If your Products becomes a Faulty Product after delivery, we will always instruct you to contact the manufacturer directly for a warranty repair or replacement. This is often the quickest way to have a default resolved. Alternatively you can contact us directly if the Faulty Products do not conform to the Contract made between us.
10.5. If you discover that your Products are visibly damaged on arrival, you should either write on the delivery note that the packaging is damaged, or refuse to accept delivery. Please contract us within seven days with details of the damage. Once we have received the damaged goods back into our warehouse, then we will replace them.
10.6. Where you return Faulty Products to us please ensure that you follow the requirements in clause 15.
10.7. If you return the Products because you think that they are Faulty Products, we may charge you the cost of all transport and our actual costs and expenses in the event that the Products are not in fact Faulty Products.
Cancellations (Stock Products)
You may make a request to cancel your order at any time before receiving your item (providing the products have not been shipped or are awaiting shipment). To cancel your order you must contact us on 01395 271134.
After receiving your item, you have the right to cancel the contract at any time up to the end of 7 working days after you received the goods. To exercise your right of cancellation, you must give written notice to GSL Power Ltd giving details of the goods ordered. Notification by phone is not sufficient in this case. If items are not returned in the same condition they left, charges may be incurred.
If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning and insuring the goods in transit to GSL Power Ltd at your own cost. When returning a product to us it’s important that it is packaged correctly so that it does not get damaged during transit. We suggest that you package the item in its original packaging (assuming that you have the packaging and it is still intact). Where it’s not possible to use the original packaging, please ensure that the product is sufficiently packaged and cushioned to protect against any reasonable shocks, puncturing, scratching or damage that may occur during carriage, handing and/or sorting.
Once you have notified GSL Power Ltd that you are cancelling the contract, GSL Power Ltd will refund you within 30 days for any sum that has been paid by you, other than delivery charges.
Cancellations (Bespoke Products)
You may make a request to cancel your order at any time before receiving your item (providing the products have not been shipped or are awaiting shipment), but if a PO has been received and work has already begun on this item, you may incur a small charge. To cancel your order you must contact us on 01395 271134. If materials have been purchased, you will be charged for these but may also request to be sent these (incurring a delivery charge also). This is because the item is “bespoke” to you and can therefore not be used for somebody else. Where items can be reused for others, the charge will be reduced or not issued at all.
You do not have the right to return any bespoke items that you have already received where a Purchase Order was issued, or a written agreement via e-mail has been made. Except in the case of faulty or misdescribed goods.
When returning a product to us it’s important that it is packaged correctly so that it does not get damaged during transit. We suggest that you package the item in its original packaging (assuming that you have the packaging and it is still intact). Where it’s not possible to use the original packaging, please ensure that the product is sufficiently packaged and cushioned to protect against any reasonable shocks, puncturing, scratching or damage that may occur during carriage, handing and/or sorting.
15. Our liability (business customers)
15.1. Clause 15 shall only apply to customer acting as a consumer.
15.2. We shall not be liable to you for any loss or damage:
15.2.1. where there is no breach of a legal duty owed to you by us or our employers or agents;
15.2.2. where such loss or damage is not reasonably foreseeable to us when we accept your order, or
15.2.3. to the extent that any increase in loss or damage results from breach by you of any term of the Contract.
15.3. Our maximum liability to you under the Contract shall be twice the value of the Products that you ordered.
15.4. Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation or for any other liability what we are not permitted by law to exclude or limit.
15.5. These terms and conditions do not affect you statutory rights.
16. Our liability (business customers)
16.1. Clause 16 shall only apply to business customers.
16.2. Subject to clause 16.4, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
16.3. Subject to clause 16.4, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
16.3.1. loss of income or revenue;
16.3.2. loss of business;
16.3.3. loss of profits;
16.3.4. loss of anticipated savings;
16.3.5. loss of data; or
16.3.6. waste of management or office time.
However, this clause 16.3 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (17.3.1) to (17.3.6) inclusive of this clause 16.3.
Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation or for any other liability what we are not permitted by law to exclude or limit.
All notices given by you to us must be given to GSL Servicing Ltd at Unit 6, Dinan Way Trading Estate, Concorde Road, Exmouth, EX8 4RS. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 21.2 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
18. Transfer of rights and obligations
18.1. The contract between you and us is binding on you and us and on our respective successors and assignees.
18.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
18.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
20. Entire agreement (customers acting as a consumer)
20.2. These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
20.3. We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
20.4. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
20.5. Nothing in this clause limits or excludes any liability for fraud.
22.1. We shall not be liable or responsible for or be deemed to be in breach of this Contract for any delays or failures in performance of this Contract which result from circumstances beyond our control.
22.2. 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.
22.3. A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
22.4. If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
22.5. We may change these terms and conditions at any time. Any changes will apply to any orders that you place after the time that we update the terms and conditions of our website. The changes will not apply to any order that you place before we make the changes on our website.
22.7. These terms and conditions and the Contract will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.