Unique and Personalised Gifts for all occasions
Terms of Business
The Gold Disc.com Ltd
TERMS and CONDITIONS
Please read the terms and conditions below carefully. By submitting an order to The Gold Disc.Com, you are agreeing to such terms and conditions, which will apply to any purchase you make from The Gold Disc.Com on this website.
1.1. In these terms and conditions (“the Terms”) unless the context otherwise requires, the following words and phrases shall have the following meanings:
“Customer Material” means any information, materials or data provided by the customer to The Gold Disc.Com including, but without limitation, any personalised messages or dedications to be reproduced on the Products and any information provided in the Order Form;
“Order Form” means the order form on the Website and “order” and “ordered” shall be construed accordingly;
“The Gold Disc.Com”, “us” or “we” means The Gold Disc.Com Limited (Company Number 04817564)
“Products” means the unique and personalised framed presentations with the customers’ own dedication or personalised message printed on the plaque and other products produced by The Gold Disc.Com and available for sale on the Website;
“Website” means The Gold Disc.Com website for the sale of Products at www.the golddisc.com;
“you” “your” or “customer” means the person, firm or company placing an order for Products with The Gold Disc.Com;
2.1. The Products displayed on this Website are not shown to actual size nor are their images binding as to detail, and your attention is drawn to the Product details and content where given.
2.2. All specified weights and/or sizes are approximately accurate but we reserve the right to supply Products of a weight and/or size varying by up to 10% under or over the specified weight and/or size.
2.3. All Products are subject to availability. In the event that any Products you order are not available, we may contact you and offer a reasonable substitute, which you will be entitled to reject.
2.4. The use of the words “Gold” or “Gold or Silver” on our Website, as a description of any of the Products or on the Products themselves is merely a descriptive reference for the Products and an indication as to the colour of the finish of the Products in question. We do not in any way express that the Products consist of actual gold and/or silver (as the case may be).
3. Price of the Products
3.1. The price of the Products will be as stated on our Website at the time you submit your order.
3.2. The prices stated on the Website will be inclusive of any value added tax payable thereon.
3.3. The price of the Products is also inclusive of the cost of their delivery, within the territory of the United Kindom.
3.4 Additional delivery costs will be incurred for products shipped outside the UK, prices are subject to change by postal and courier suppliers.
4.1. You may pay for the Products you order by one of the following methods:
4.1.1. cheque or postal order made payable to “The Gold Disc.Com Limited” to be sent by post to The Gold Disc.Com Limited, 12 Brampton Sidings, Newcastle-Under-Lyme, Staffordshire ST5 0SR within 7 days of submitting your order; or]
4.1.2. credit or debit card by completing the relevant section of the Order Form with your card details. For the avoidance of doubt the credit/debit cards accepted by us are those listed on the Website the date your order is placed.
4.2. Your order will be cancelled if either:
4.2.1. your cheque is referred; or
4.2.2. we do not receive your cheque or postal order within the period specified in clause 4.1.1; or
4.2.3. either you are not fully entitled to use your nominated credit, debit or charge card or such card has insufficient funds to cover the price of the Products ordered plus the associated delivery charges.
4.3. Your order will not be accepted by us until we have received the price of the Products together with the associated delivery costs in cleared funds.
4.4. You agree to indemnify us in full against all costs and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This will include an administration charge of not less than £20. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you.
5. Order Acceptance
5.1. We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an e-mail to you at the e-mail address you provide on your Order Form. Our acceptance of your order brings into existence a legally binding contract between us.
6. Right of Cancellation
6.1. Except for the Products that are personalised or dedicated, you will be entitled to cancel your order by Telephone or Email to us at any time up to 7 working days after the date of delivery of the Products. You do not need to give us any reason for cancelling your order and subject to clause 6.2, nor will you have to pay any penalty.
6.2. If you have the right to cancel under clause 6.1, we will contact you to arrange for the return of any Products delivered and we shall refund the full cost of the Products, together with the delivery charges, within 30 days of such cancellation PROVIDED THAT the Products in question are returned by you and received by us in the condition that they were delivered to you. If you do not co-operate in returning the Products delivered to you, we shall be entitled to deduct all direct costs of recovering the Products from any amount to be refunded to you.
7. Our Right to Cancel
7.1. We reserve the right to cancel your order if:
7.1.1. we have insufficient stock to delver the Products you have ordered;
7.1.2. we do not deliver to your area;
7.1.3. one or more of the Products you ordered was listed at an incorrect price due to a typographical error in the pricing information received by us from our suppliers; or
7.1.4. any Customer Material is deemed (at our sole discretion) to be offensive, defamatory or inappropriate.
7.2. If we do cancel your order we will notify you by e-mail and will offer an alternative replacement Product or refund to you any amounts paid to us as soon as possible and in any event within 30 days of your order.
7.3. We shall not be obliged to offer any additional compensation for disappointment suffered.
8.1. Delivery will be made to the address specified by you in your Order Form. The Gold Disc.Com reserves the right to restrict the delivery of Products to certain areas.
8.2. Subject to clause 7.1, we will take all reasonable steps to deliver your order to you within 28 days of receipt of both your completed order form and payment in cleared funds for UK deliveries and 42 days of receipt of such items for deliveries outside the UK.
8.3. You will become owner of the Products you have ordered when they have been delivered to you. Once the Products have been delivered to you they will be held at your own risk and we shall not be liable for their loss or destruction.
9. Replacement Products
9.1. We warrant that the Products are of satisfactory quality. In the event that you are dissatisfied with your order, the Products delivered to you are incomplete or you have received incorrect Products, we shall have no liability to you unless you notify us in writing of the problem within 7 working days of delivery of the Products in question.
9.2. We will then arrange with you for the Products to be returned to us, and we shall remedy any breach of the warranty in clause 9.1 by the provision of an identical Product free of any charge within 30 days of notification, whereupon we will have no further liability to you.
10. Use of the Website
10.1. The Gold Disc.Com gives no warranty or representation as to the accuracy, suitability or reliability of the information and content of this Website for any purpose, which information and content is provided on an “as is” basis.
10.2. We shall have no liability for any indirect, direct, special or consequential loss arising out of the use of or the inability to use this Website including (without limitation) reliance on any information or content of the website or which results from mistakes, omissions, interruptions, deletions of files or emails, defects, viruses or delays in operation or transmission.
10.3. The information on the Website may contain technical inaccuracies or typographical errors, and may be changed or updated without notice. The Gold Disc.Com may also make improvements and/or changes to the Website at any time without notice.
10.4. We do not wish to receive confidential or proprietary information from you through out Website. Please note that any information or material, you grant to us an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute information or material, and you also agree that we are free to use such information or material for any purpose.
10.5. Certain links in this Website connect to other websites maintained by third parties over whom we have no control. We makes no representations as to the accuracy or any other aspect of information contained in other websites.
11.1. Nothing in these Terms will limit our liability for death or personal injury resulting from our negligence or that of our employees or agents. If you are a consumer (within the meaning of the Unfair Contract Terms Act 1977), the content of these Terms will not affect your statutory rights. If you are not a consumer then subject as provided in clause 9.1, all other warranties, conditions or other terms, whether implied by statute common law or otherwise, are excluded to the fullest extent permitted by law.
11.2. The Gold Disc.Com shall have no liability to the customer for any loss, damage, costs, expenses or other claims for replacement under clause 9.1 or compensation arising from any Customer Material supplied by you which are incomplete, in accurate, illegible, out of sequence or in the wrong form, or any other fault of the Customer.
11.3. In the event that we are unable or fail to deliver the Products ordered within the time period specified in clause 8.2, we will use reasonable endeavours to contact you in order to re-schedule the delivery time. Our liability in this respect will be limited to the price of the Products not delivered and the cost of the delivery.
11.4. We will not be in breach of contract as a result of any delay or failure to perform our obligations as set out in these Terms where such delay or failure to perform arises from circumstances beyond our reasonable control, including (without limitation) any Act of God, communications failure, death, destruction, fire, flood, strikes, riots, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.
11.5. IN ANY EVENT, THE LIABILITY OF THE GOLD DISC.COM FOR ANY BREACH OR THE AGGREGATE LIABILITY FOR ANY SERIES OF BREACHES UNDER OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE VALUE OF THE RELEVANT ORDER PLACED BY YOU FROM TIME TO TIME.
11.6. The Gold Disc.Com shall have no liability for loss of profit or for any indirect, special or consequential loss of damage, costs, expenses or other claims for compensation whatsoever arising out of or in connection with the supply or non-supply of the Products (including any delay in supplying the Products) or their use or resale by you. Other than as set out in clause 9.1, the entire liability of The Gold Disc.Com arising out of any order for Products from you will be limited to the total price of the Products ordered by you.
11.7. You must observe and comply with all applicable regulations and legislation, including all necessary customs, import or other permits to purchase Products from our Website. The importation or exportation of our Products may be prohibited by certain national laws. We make no representation and accept no liability in respect of the import or export of the Products you purchase.
12. Notices, Enquiries and Complaints
12.1. Any notices, enquiries or complaints should be emailed to firstname.lastname@example.org.
13. Intellectual Property
13.1. The entire content of the Website, including all copyright, trademarks and other intellectual property rights it contains, is the sole property of The Gold Disc.Com. or our licensors. You are permitted to use such material only for the purpose of ordering Products from the Website, and you are not entitled to copy, reproduce, transmit, display in public, create derivative works from or otherwise commercially exploit such material
13.2. All intellectual property rights in the Products (subject to the rights of any third party) belong to The Gold Disc.Com.
13.3. You warrant that all Customer Material provide to us will not be defamatory or infringe the copyright or other rights of any third party, and you shall indemnify The Gold Disc.Com against any loss, damages, costs, expenses or other claims arising out of any such infringement.
15.1. These Terms govern the contract to the exclusion of all other terms and conditions stipulated in any other communication or document unless expressly agreed in writing by The Gold Disc.Com.
15.2. The Gold Disc.Com reserve the right to vary the content of these Terms from time to time, with any changes being published on the Website. Continued use of the Website, or any of its services will signify that you agree to any such changes.
15.3. We may correct any typographical, clerical or other error or omission in any information on the Website or in any email or other document or communication issued by The Gold Disc.Com without incurring any liability on our part.
15.4. If any clause or part of a clause in these Terms is held by any Court of competent authority to be unlawful, invalid or unenforceable, such clause or part shall be severed and the remaining provisions of these Terms shall remain in full force and effect.
15.6. The contract between you and The Gold Disc.Com shall be governed by English law and you and The Gold Disc.com submit to the exclusive jurisdiction of the English Courts.