IF YOU SUFFER FROM IMPAIRED VISION AND WOULD LIKE A COPY OF OUR TERMS AND CONDITIONS OF PURCHASE IN LARGE PRINT PLEASE CONTACT GO3 CUSTOMER SERVICES AT:
Benton Lane
Longbenton
Newcastle Upon Tyne
NE12 8EF
United Kingdom
United Kingdom: Free phone 0800 0933056
United States: Toll free 1-877-471-8631
1. INTRODUCTION
This website ("Website" or "Site") is operated by GO3 Limited ("GO3") whose registered address is PO Box 191, Elizabeth House, Ruettes Brayes, St Peter Port, Guernsey GY1 4HW. These are the terms and conditions (as amended from time to time) governing use of this Website and any agreement that operates between us and you for the purchase of products ("Products") advertised on this Website (the "Terms"). These Terms set out the rights and obligations of all users ("you"/"your") and those of GO3 Limited ("us"/"our"/ "we"/ "GO3") in relation to the Products offered by us through this Website. Before you click on the "continue" button at the end of the ordering process, please carefully read these Terms and our Privacy Policy which can be viewed on this website.
By using this Website and/or placing an order through it you acknowledge that you have carefully read these Terms and our Privacy Policy and you consent to be bound by these Terms and our Privacy Policy which form legally binding agreements. If you are aged 17 years or younger, please ask a parent or legal guardian to read through these Terms and Privacy Policy before you use this Web Site. If you do not agree to all of the Terms and the Privacy Policy, do not place an order and exit this Website immediately.
These Terms may be changed by us from time to time without specific notice to you. The latest Terms will be posted on the Website, and you should always review the Terms prior to using the Website to ensure that you have a current understanding of the Terms under which you are permitted to access this Website. If you cannot access the Terms via the Internet, we can provide a copy of the most recent Terms by e-mail upon request.
ACCESS TO THIS WEBSITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS AND PRODUCTS PROVIDED THROUGH THIS WEBSITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.
If you have any questions about our Terms, please contact us at:
GO3 Customer Services
Benton Lane
Longbenton
Newcastle Upon Tyne
NE12 8EF
United Kingdom
You may also contact us by telephone on:
United Kingdom: Free phone 0800 0933056
United States: Toll free 1-877-471-8631
or by e-mail to customerservice@GO3.com
2. TERMS GOVERNING YOUR PURCHASE OF PRODUCTS VIA THIS WEBSITE
2.1 USE OF THIS WEBSITE
You agree that:
a) You may only use the Website to make legitimate enquiries or orders.
b) You will not make any speculative, false or fraudulent orders for Products on this Website. If we are reasonably of the opinion that such an order has been made we shall be entitled to cancel the order and inform the relevant authorities.
c) You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you regarding your order in the event that this should prove necessary (please see our Privacy Policy for details of how we will use your contact details).
d) If you do not give us all of the information that we need, we may not be able to complete your order or respond to your enquiry.
By placing an order through the Website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts. Children under the age of 18 should obtain their parent/guardian's permission before buying any Product or submitting any Personal Data (as defined in our Privacy Policy) on this Website.
2.2 FORMATION OF THE CONTRACT BETWEEN YOU AND US FOR THE PURCHASE OF PRODUCTS
The Products are intended for sale to persons dealing as consumers and are not for re-sale. Information and Products displayed on this Website are for information purposes only and do not constitute an offer for sale. Your order constitutes an offer to buy Products from us. No contract between GO3 and you in respect of the Products shall exist until your order has been accepted by GO3 (as set out below) (whether or not funds have been deducted from your account). If your offer is refused and funds have already been deducted these will be fully refunded.
To place an order, you will be required to submit a completed order form through the check out procedure. After this you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by us in writing, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been posted (the Dispatch Confirmation). The contract for purchase of a Product between us (Contract) will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those Products whose postage 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 postage of such Products has been confirmed in a separate Dispatch Confirmation.
2.3 AVAILABILITY OF PRODUCTS
We will endeavour to send you the Products you have ordered within 30 days of the date of your order. However, all orders for Products are subject to availability and in this regard we will notify you in the event we are unable to supply such Products within the 30 day period and we will endeavour to rearrange alternative delivery dates. Where we are unable to agree alternative delivery dates we will refund any monies that you have already paid for such Products.
In the event of supply difficulties or because Products are no longer in stock, we reserve the right to offer you the same Products but in different quantities to your original order or to give you information about substitute items of an equal or higher quality and value which you can order or refuse. If you refuse substitute items we will reimburse any monies that you might have already paid. If you order any substitute item(s) they shall become the Product(s) for the purposes of the Contract.
2.4 OUR RIGHT TO REFUSE A TRANSACTION
We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. While we will try to always process transactions, there may be circumstances which mean that we may need to refuse to process a transaction which we reserve the right to do at any time, at our sole discretion.
We will not be liable to you or any other third party by reason of our withdrawing any Product from this Website, removing or editing any materials or content on the Website or for refusing to continue to process a transaction after processing has begun.
2.5 CANCELLING YOUR ORDER - Cooling Off Period
When buying as a consumer you may cancel an order at any time prior to receipt of the Products or within 7 days of receipt of the Products by providing us with written notice of cancellation (such notice to be provided by hand delivery, post or email to the address given under section 1 of these Terms and to specify your order number and the reason for the return). We will refund you for the full price of the Products plus the costs of delivery to you in accordance with our Returns Policy as set out below at Clause 2.10. Please see our Returns Policy for how to return the Product(s) in question.
You cannot cancel your order once you have tampered with or opened the Product containers or used the Products. However, your statutory rights concerning the quality of those Products will be unaffected.
You have a legal duty to take good and reasonable care of the Products. Where you fail to do so, we can take legal action against you for any damage caused to the Product whilst in your possession.
In the event you cancel an order prior to receipt of the Products, we shall refund the total price of the Products including any delivery costs to you.
Further details of your cancellation rights, and an explanation of how to exercise them, are set out in our Returns Policy at Clause 2.10 below and are also summarised on the Dispatch Confirmation. This provision does not affect your statutory rights concerning the quality of the Products.
2.6 DELIVERY
Subject to availability (see Clause 2.3 above), we will endeavour to fulfil your order for Product(s) listed in the Dispatch Confirmation by the delivery date set out in the Dispatch Confirmation or, if no estimated delivery date is specified, then within 30 days of the date you sent your order to us, unless there are exceptional circumstances.
If for any reason we cannot meet the delivery date you will be kept informed and offered a choice of either continuing with the extended delivery time or cancellation with a full refund. Please note however that we do not deliver on Saturdays or Sundays.
We will arrange for delivery of the Products to you by standard post to the address that you specify in the check out procedure. For the purpose of these Terms "delivery" or "delivered" shall be deemed to have occurred on the earlier of receipt of the Products by you or 14 days from the date of posting. If there is an error or any other delivery problem in respect of the Products ordered, you must notify us in writing within 14 days of receipt of the Products, or within 28 days of the date of posting the Products (as set out in the Dispatch Confirmation) if the Products have not arrived. We will not be liable for any loss or damage if you fail to notify us within this time.
You are required to pay the costs of delivering the Products to you (as set out in our Delivery Costs Guide) at the time you place your order. Delivery costs will vary depending on the type of Products ordered. Please see our Delivery Costs Guide for more information.
2.7 UNABLE TO DELIVER
If you do not take delivery of the Products or supply inadequate delivery instructions, we may cancel your order and retain the Products. In this event, we will refund you the price of the Products, but you will still be liable to pay any reasonable delivery and return charges we may have incurred.
2.8 RISK AND TITLE
Where Products are lost in transit from us to you, we will either send you new Products or offer you a full refund of the price of the Products and the delivery charges.
The Products will be at your risk from the time of delivery.
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), or upon delivery (as defined above), whichever is the later.
2.9 PRICE AND PAYMENT
The price of any Products will be as stipulated on our Website from time to time, except in cases of obvious error. While we try to ensure that all prices on the website are accurate, errors may occur. If we discover an error in the price of Products you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the Products you will receive a full refund. We are under no obligation to provide the Product(s) to you at the incorrect (lower) price.
The prices on this Website exclude delivery costs, which will be added to the total amount due as set out in our Delivery Costs Guide. Products sold on this Website are not subject to VAT within the European Union. However, when ordering Products for delivery outside the European Union, you may be subject to import duties and taxes that are levied once the Products reach your country. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from this Website, you are considered the importer of the Products and must comply with all laws and regulations of the country in which you are receiving the Products. Products ordered from customers resident in the United States of America will be shipped from a location in the United States of America where goods have already cleared customs and will not be subject to any additional customs levies.
Prices 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.
Once you have finished shopping all the items you wish to purchase are added to your basket, your next step will be to go the checkout process and make payment. Payment can be made by Visa, Mastercard, Delta, Switch, Solo, Eurocard, Laser, ELV, JCB, American Express, Diners and Electron. To minimise the possibility of unauthorised access, your credit/debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time the order is made.
By clicking "CHECKOUT" you are confirming that the credit/debit card is yours or that you have the authority of the credit/debit card holder.
Credit/debit cards are subject to validation checks and authorisation by your card issuer. If your card issuer fails to authorise payment to us, we will not be liable for any delay or non-delivery and may not be able to form a Contract with you.
2.10 RETURNS POLICY
Cooling off period
If you wish to cancel your order within the period specified in clause 2.5 above, you must inform us in writing either by emailing GO3 Customer Services at customerservice@GO3.com or by writing to us at GO3 Customer Services, Benton Lane, Longbenton, Newcastle Upon Tyne NE12 8EF, United Kingdom.
If you cancel your order, you are required to return the Products to GO3 Customer Services at the above address as soon as possible. If you are a customer resident in the United States of America or Canada, products can be returned to GO3 Customer Services, 2600 Titan Row, Orlando, FL 32809. Products must be returned in a reasonable condition and at your own cost and risk. We recommend the use of a recorded delivery service. We will pay for the return of any substitute Products.
If you fail to return any cancelled Products, or send them at our expense, we shall be entitled to charge you the direct costs to us of retrieving the Products.
If you have any questions regarding cancelling your order you can contact us via email at customerservice@GO3.com or by telephone: United Kingdom: Free phone 0800 0933056 and United States: Toll free 1-877-471-8631.
All refunds will be processed as soon as possible (in any case, within 30 days of the day that you have given us notice of cancellation). We will always refund the cost of the Product plus the corresponding delivery charge to the credit/debit card originally used by you to pay for your purchase. We will fully examine the returned Product and reserve the right to bring an action against you for any damage that may have occurred to the Product whilst in your possession.
This does not affect your statutory rights.
Defective Product returns
In circumstances where you consider that the Product does not conform with the Contract at the time of delivery, you should promptly contact us by writing to GO3 Customer Services, Benton Lane, Longbenton, Newcastle Upon Tyne NE12 8EF, United Kingdom or via email at customerservice@GO3.com or by telephone: United Kingdom: Free phone 0800 0933056 and United States: Toll free 1-877-471-8631. You will be asked to provide full details of the Product and its damage.
You should return the Product to us at GO3 Customer Services, Benton Lane, Longbenton, Newcastle Upon Tyne NE12 8EF, United Kingdom, or if you reside in the United States of America, to GO3 Customer Services, 2600 Titan Row, Orlando, FL 32809.
We will fully examine the returned Product and will notify you of your right to a replacement or refund (if any) via e-mail within a reasonable period of time. We will process the refund or replacement as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you are entitled to a refund or replacement of the defective Product. We shall pay the costs of delivering any replacement Product to you. The statutory "cooling-off" period shall apply to replacement Products.
Products returned by you because of a defect, where one exists, will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. We will always refund any money received from you to the credit/debit card originally used by you to pay for your purchase.
2.11 LIMITED WARRANTY FOR PRODUCTS
Without prejudice to your statutory rights as a consumer in any territory, the following warranty terms, disclaimers and limitations of liability apply to sales of Products in lieu of any other warranty, disclaimer or limitation of liability found in this Contract.
What Does This Warranty Cover? This warranty covers any defects or malfunctions in Product you order from us and which we have delivered.
How Long Does The Warranty Coverage Last? This warranty lasts until the "use by" date located on the Product's packaging. AFTER THE CONCLUSION OF THE WARRANTY PERIOD, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
What Will We Do? We will replace any defective Product at no charge. Please follow the process for defective Product returns described in Section 2.10 of these Terms.
What Does This Warranty Not Cover? Adulteration of the Product by you, damage due to improper storage or transportation, or any problem that is caused by abuse, misuse, or an act of God (such as a flood) are not covered. Also, consequential and incidental damages are not recoverable under this warranty. Some countries and states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
How Does the Law Apply? This warranty gives you specific legal rights, and you may also have other rights which vary from state to state or country to country, depending on where you are resident.
Unless otherwise stated herein, our liability in connection with any Product purchased through our Website is strictly limited to the purchase price of that Product.
This does not include or limit in any way our liability:
a) For death or personal injury caused by our negligence;
b) For fraud or fraudulent misrepresentation; or
c) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
3 GENERAL TERMS RELATING TO YOUR USE OF THIS WEBSITE
3.1 LIABILITY AND DISCLAIMERS
To the fullest extent permitted by law and unless otherwise stated in these Terms, we accept no liability including for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any special, indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Due to the open nature of this Website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this Website unless otherwise expressly set out on this Website.
All materials on this Website are provided "as is" and without warranties express, implied or otherwise howsoever arising.
To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, WE DISCLAIM ALL WARRANTIES INCLUDING WITHOUT LIMITATION; (a) ANY IMPLIED WARRANTIES RELATING TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (b) warranties relating to delays, interruptions, errors, or omissions in the operation of this Website or any part of it; (c) warranties relating to the transmission or delivery of this Website or its availability at any particular time or location; (d) warranties relating to the use, validity, accuracy, currency or reliability of, or the results of the use of this Website or any information published on this Website; and (e) warranties relating to websites to which this Website is linked. You assume total responsibility for establishing procedures for data back up and virus checking as you consider necessary. Our liability in connection with your use of this Website or any information published on this Website shall not exceed $100 United States Dollars. We do not seek to exclude or limit our liability for fraudulent misrepresentation.
You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms or your access or use of this Website or any of the information, materials and Products available through this Website. PARENTS AND LEGAL GUARDIANS should note that to the extent that any individual who is authorised by you OR for whom you are responsible causes loss or damage to any person as a result of accessing or using the Website you agree to fully indemnify us in full against all such claims made against us.
The description and specification of Products in the Website is only approximate and we reserve the right to make changes that do not materially affect the quality or performance of those Products.
This does not affect your statutory rights as a consumer, nor does it affect your Contract cancellation rights.
3.2 HYPERLINK DISCLAIMER
This Website may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons ("third party website"). An advertisement of, or link to, a third party website does not mean that we approve, endorse or accept any responsibility for that third party website, its content or use, or the use of products and services made available through such third party website.
We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such third party websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such third party websites.
Such third party websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about any websites which you may access through this Website, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Website and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.
3.3 LINKS FROM OTHER WEBSITES
Any link to this Website without our written permission is prohibited. Notwithstanding authorization to link to this Website, linking to any page other than the home page is prohibited. Persons providing access to this Website via link from another website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website and for any representations made or impressions created concerning us.
Authorization by us to link to this Website is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorization to link to this Website at any time and for any reason.
Anyone providing access to, or information relating to this Website, whether by link or otherwise, is responsible for bringing these Terms to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.
3.4 INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. This does not prevent you using this Website to the extent necessary to make a copy of any order or Contract details.
3.5 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.
3.6 NOTICES
All notices given by you to us must be given in writing via post or email to our contact details set out at clause 1. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or by posting any notice specifically relating to this Website on this Website.
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.
3.7 TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and us is binding on you and us and on our respective successors and assigns.
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.
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.
The Contracts (Rights of Third Parties) Act 1999, or other equivalent provisions, shall not apply to any Contract between us and you, so that no contractual rights are conferred on third parties. There are no intended third-party beneficiaries under any Contract between us and you.
3.8 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.
g) Any shipping, postal or other relevant transport strike, failure or accidents.
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.
3.9 WAIVER
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above.
3.10 SEVERABILITY
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
3.11 ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
3.12 OUR RIGHT TO VARY THESE TERMS
We have the right to revise and amend these Terms from time to time. You will be subject to the policies, Terms in force at the time that you order Products from us, unless any change to those policies, Terms or Privacy Policy is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Products).
3.13 LAW AND JURISDICTION
Contracts for the purchase of Products through this Website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the English courts.
Access to, or use of, this Website or information, materials and Products on this Website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Website.
3.14 FEEDBACK
We welcome your feedback. Please send all feedback and comments to us at the address provided in clause 1.