Conditions of Sale
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.3 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.4 "Seller" means Airfox Networks Ltd of PO Box 3140 Eastbourne BN21 9LP England, that owns and operates gbluk.com;
1.5 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
1.6 "Website" means www.gbluk.com.
1.7 “Third Party Carrier” means the party instructed by the Seller to transport the Goods to the Buyer or any other Carrier requested by the Buyer.
2.1 The Buyer shall at all times be and warrant to be a business purchaser and not a consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Any complaints should be addressed to the Seller's address stated in clause 1.4.
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the 'How to Order' page on the website.
4 PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the Website. Where applicable, the price is inclusive of VAT. The price includes delivery charges.
4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
4.4 Payment of the price plus VAT and delivery charges must be received in full before despatch of the Goods.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
5.2 The seller reserves the right to reject or refuse to accept an order, or to reject any partially complete order without reason given. This especially but not exclusively applies where the seller considers the circumstances may be derogatory, indecent, libelous, racist, inflammatory or designed to mislead the public or to promote or conduct any illegal activity.
5.3 The Seller reserves the right to withdraw any goods from the Website at any time.
5.4 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to accept an order.
6 AGE OF CONSENT
6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
7.1 The Seller warrants that the Goods will at the time of despatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
7.2 The Buyer shall return the Goods immediately if they are found to not be a business purchaser and the Seller shall have no liability for any sale made to the Buyer where the Buyer is not a business purchaser but has represented themselves as such.
7.3 The Buyer shall indemnify the Seller for all costs, fees, expenses including professional and legal fees for any action taken against the Seller for a breach of clause 7.2
8.1 Delivery shall take place when the Seller submits the Goods to the Third Party Carrier.
8.2 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
9 CANCELLATION AND RETURN
9.1 The Buyer shall inspect the Goods immediately upon receiving them and shall notify the Seller via email within 7 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
9.2 Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
9.3 Goods must be returned, unopened, in original packaging, by the Buyer at the Buyer’s expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
9.4 Goods to be returned must clearly show the order number obtained from the Seller on the package.
9.5 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
9.6 In the event of goods being returned untransportable by the Third Party Carrier, a refund will be issued less shipping costs and a £7.50 administrative charge.
10 LIMITATION OF LIABILITY
10.1 In the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
14 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
15 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.