1.1 In these Conditions the following expressions have the following meanings unless inconsistent with the context:
“Conditions” these terms and conditions; “Contract” any agreement for the sale and purchase of Goods from us to you in accordance with Condition 2.2; “Cooling Off Period” means as described in Condition 8.1; “Delivery Address” the address for delivery of the Goods within the United Kingdom as set out in the Order Acknowledgment or as may have been agreed between you and us in writing from time to time; “Goods” all goods supplied by us to you under the Contract; “Notice of Cancellation” any notice of your intention to cancel the Contract provided by you to us in accordance with Condition 8; “Order Acknowledgment” written confirmation by us of our acceptance of your order; “Price” the price payable by you for the Goods; “Site” https://www.gillfishing.com/ “we”, “us” or “our” Douglas Gill International Limited, registered in England and Wales under number 1967176, whose principal place of business and registered office is Gill, Manor House Road, Long Eaton, Nottingham, England, NG10 1LR; “Working Day” any day from Monday to Friday other than a statutory holiday or public holiday in England; and “you” or “your” the person who has accepted these Conditions.
- 1.2 References to any statute or statutory provision include, unless the context otherwise requires, a reference to the statute or statutory provision as modified or re-enacted and in force from time to time and any subordinate legislation made from time to time under the relevant statute or statutory provision.
- 1.3 References to persons include natural persons, firms, partnerships, companies, corporations, associations and organisations (in each case whether or not having separate legal personality).
- 1.4 Words in the singular include the plural and words in the plural include the singular.
- 1.5 Any reference to “writing” includes communications by post, facsimile and e-mail but excludes text messages.
- 1.6 The headings to Conditions do not affect the meaning interpretation of these Conditions.
- 1.7 Any phrase introduced by the term “include”, “including”, “in particular” or any similar expression is illustrative and does not limit the sense of the words preceding that term.
2. Basis of Contract
- 2.1 These Conditions shall apply to the sale by us of all Goods purchased by you.
- 2.2 When you place an order, you will receive an acknowledgement email confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.
- 2.3 We shall not be responsible for any promises or claims concerning the Goods which are not made by us, our employees or agents.
- 2.4 Any error or omission in any information or document issued by us shall be liable to correction provided that such correction does not materially affect the Contract.
- 2.5 If Goods ordered by you are not available we shall contact you and offer you the option of either ordering alternative Goods or cancelling your order. In the event that we are unable to contact you within 10 Working Days the Contract will be deemed cancelled and any sums you have already paid to us in respect of the Goods shall be refunded to you.
- 3.1 The Price to be paid by you is that displayed on the Site as at the time when your order is received by us.
- 3.2 In the event that we discover a genuine error in the Price for the Goods ordered by you as displayed on the Site, we shall notify you as soon as possible providing you the option of either reconfirming the order at the correct Price or cancelling the order. If we are unable to contact you for the purposes of this Condition 3.2 within 10Working Days or if you fail to either reconfirm or cancel the order within this period, your order shall be deemed cancelled and where you have already made payment for the Goods this shall be refunded to you in full.
- 3.3 All Prices are quoted inclusive of VAT.
- 3.4 The Price is exclusive of the costs of delivery the costs of which shall be charged in addition to the Price and will be as displayed on the Site at the time your order is received by us.
- 4.1 Payment for the Goods shall be due either at the time of order placement and payment can be made by one of the following credit or debit cards: MasterCard, Visa, Maestro, Electron or Solo.
- 4.2 Unless due to our fault, if payment for the Goods has not been received in full and in cleared funds within 7 Working Days of order placement we shall be entitled at our option and without liability to you to cancel your order by notice to you in writing.
- 4.3 Payments for Goods shall only be accepted in sterling. Unless otherwise agreed in writing any payment received from you in any other currency will not be deemed to be payment for the Goods in question.
- 5.1 The packaging of the Goods shall be entirely at our discretion. We shall have the right to pack all the Goods in such manner and in such quantities as we think fit and we shall not be obliged to comply with any packaging requests or instructions from you.
- 6.1 The Goods shall be delivered when they are delivered to the Delivery Address.
- 6.2 We shall reasonably endeavour to deliver the Goods within 2 to 3 Working Days of the Order Acknowledgement (“the Anticipated Delivery Date”), but we shall not be held responsible for any delays in delivery caused by circumstances beyond our reasonable control. If delivery is delayed for more than 30 days, you shall be entitled to cancel the Contract and recover your reasonable losses from us.
- 6.3 We shall have the right to deliver Goods in instalments.
- 6.4 If you fail to accept any delivery of the Goods, unless this is due to our fault, we shall be entitled to store the Goods until actual delivery and charge you for the reasonable costs of storage (including insurance) and redelivery.
- 6.5 Unless we agree to a longer time period in writing you must advise us of any damage to the Goods which is apparent on delivery or any shortage of the Goods in writing within 3 Working Days following delivery.
- 6.6 On delivery it is your responsibility to ensure that the total number of packages signed for is the same as the number of packages delivered.
- 6.7 All persons at the Delivery Address shall be deemed to have authority to sign any delivery note issued with the Goods, which once signed shall be conclusive evidence that delivery has taken place.
7. Risk and Title of Goods
- 7.1 Risk of damage to or loss of the Goods shall pass to you:
- 7.1.1 at the time of delivery to the Delivery Address; or
- 7.1.2 if you wrongfully fail to take delivery then risk shall pass to you at the time when we have tendered delivery of the Goods, but you shall not be responsible for any damage to the Goods caused by our negligence.
- 7.2 Ownership of the Goods shall pass to you on delivery.
8. Cancellations and Returns
- 8.1 Unless the Goods have been personalised or otherwise made to your specification you may cancel the Contract at any time after you place your order to 14 Working Days from the day following delivery of the Goods (“Cooling Off Period”).
- 8.2 If you wish to cancel the Contract you must:
- 8.2.1 provide us with a Notice of Cancellation;
- 8.2.2 keep the Goods in your possession and take reasonable care of them before you return them to us; and
- 8.2.3 return the Goods at your own expense to us at Gill, Manor House Road, Long Eaton, Nottingham, England, NG10 1LR.
- 8.3 If you cancel the Contract during the Cooling Off Period, we will, subject to Condition 8.4, refund the Price paid for the Goods in full, within 30 days from the date of your Notice of Cancellation.
- 8.4 Where you fail to return the Goods to us or where you return the Goods at our expense we shall, where appropriate, be entitled to make our own arrangements for collection of the Goods and shall in either case be entitled to deduct the direct costs of collection or return from any refund due to you under Condition 8.3.
- 8.5 Where you fail to:
- 8.5.1 take reasonable care of the Goods; or
- 8.5.2 take reasonable care to ensure that we receive the Goods and to see that they are not damaged in transitwe may make a deduction if the value of the goods has been reduced as a result of you handling the goods more than necessary. The extent to which you can handle the goods is the same as it would be if you were assessing them in a shop.
We may take legal proceedings to recover any damages, costs or other expenses which we incur as a result.
- 8.6 Contracts may only be cancelled outside of the Cooling Off Period with our agreement and on the basis that you will pay to us a sum equivalent to any damages, charges and expenses reasonably incurred by us as a result of the cancellation.
9. Complaints, Warranties and the Return of Goods
- 10.1 Nothing in these Conditions excludes or limits our liability for negligence.
- 10.2 Subject to Condition 10.1 we shall not be liable for any losses under the Contract which:
- 10.2.1 were not foreseeable to us at the time when the Contract was made;
- 10.2.2 relate to any business undertaken by you; and/or
- 10.2.3 were not caused by any breach of the Contract by us, our agents or employees.
11. Force Majeure
- 11.1 We shall be not liable to you or deemed to be in breach of this Contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Contract, if the delay or failure was due to any cause beyond our reasonable control such as (but without limitation) any strike, lock-out or other form of industrial action, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of supplier or sub-contractors or inability to obtain materials required for performance of the Contract.
- 12.1 We may assign the Contract or any part of it to any person.
- 12.2 You shall not be entitled to assign the Contract or any part of it without our prior written consent which we shall not refuse to give without good reason.
13. Third party rights
- 13.1 A person who is not a party to the Contract will not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
- 14.1 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions shall remain in full force and effect.
- 15.1 If either you or us fail or delay or compromise in exercising a right or remedy under the Contract, the right or remedy is not to be treated as having been waived, restricted or varied and any agreement by either you or us to refrain from exercising a right in one particular instance will not prevent you or us from exercising it in full in the future.
16. Cumulative remedies
- 16.1 All rights and remedies available to either you or us under the terms of the Contract or under the general law are to be cumulative, and no exercise by either you or us of any such right or remedy is to restrict or prejudice the exercise of any other right or remedy granted by the Contract or otherwise available to you or us.
17. Governing law and jurisdiction
- 17.1 The Contract shall be governed by the laws of England and Wales and any court proceedings in relation to the Contract are to be brought in the English Courts.
18. General Offer and Discount Code Terms and Conditions
- 18.1 Offers and Discount codes may have their own specific Terms and Conditions. Unless otherwise specified the following will apply.
- 18.2 Discount codes cannot be redeemed against delivery charges.
- 18.3 Discount codes are valid for purchases on the www.gillfishing.com website, for UK customers only.
- 18.4 Discount codes cannot be used in conjunction with any other offer or discount code you may receive from us.
- 18.5 You can only use the discount code once, and once per household.
- 18.6 We reserve the right to expire any discount code at any time, and without notice.
- 18.7 Discount codes cannot be used against any item that is already reduced in price.
- 18.9 Cannot be applied to previously placed orders.
- 18.10 We reserve the right to cancel and refund any orders where promotions or offers have been discounted as part of a glitch or error.
- 18.11 Free Gifts with orders are restricted to one per customer, regardless of how many separate orders are made.
- 18.12 Free Gifts are strictly subject to stock availability and Gill reserve the right to substitute with an item of comparable retail value.
19. Sweepstakes Terms and Conditions
- 19.1 You are not required to make a purchase to enter sweepstakes, purchase of a product will not help your chances of winning.
- 19.2 Drawing: Prize draws will be held on the first Monday following the sweepstakes period. One winner will be chosen. Only one entry per household is permitted. Only one entry per email address is permitted. Duplicated entries will not be valid and therefore not eligible for the prize draw. Any incomplete entries are not valid, any loss of data or failed attempts to enter either by human or system error are not the responsibility of Gill Fishing. Draws are randomized but the Gill Fishing judge/s will have final say at their sole discretion with regards to the choosing of the winner.
- 19.3 Prizes: Prizes are not transferable and cannot be substituted for cash or other products. Any tax implications for winners is the sole responsibility of the winner. Gill Fishing reserves the right to substitute prizes with a prize of equal or greater value, should the original prize no longer be available.
- 19.4 Winning: Winners will be contacted by email, if the winner has not responded within 7 days of being awarded the prize, the prize shall be redrawn and the previous winner will forfeit their prize. The person assigned to the email address, either by their email service provider or other organization that is responsible for the email address and its domain, shall be the winner of the prize. Any damage or loss of product incurred with regard to being awarded or receiving the prize will be the sole responsibility of the winner and not Gill Fishing.
- 19.5 Eligibility: The competition(s) is open to all legal residents of the United States of America and Canada, entrants must be eighteen years or older. Any award/prize won by minors will be given to their legal parent or guardian, who will be required to sign and return any and all required documentation for the receipt of the prize. Any employees of Gill Fishing, their distributors or other affiliated organizations are not eligible.
- 19.6 Disqualification: Gill Fishing reserves the right to disqualify any entrant or winner at its discretion. Automated entries will be disqualified.
- 19.7 Termination: Any termination of competitions and sweepstakes will be posted on www.gillfishing.com. Gill Fishing reserves the right to terminate sweepstakes without notice.
- 19.8 No Responsibility: By entering the competition entrants absolve Gill Fishing of all responsibility for any damage incurred by entering the sweepstakes. Including but not limited to the loss and damage of data and prizes. Gill Fishing have sole discretion of the interpretation and implementation of these rules.
- In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:Pay Later
Pay in 3Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.
21. User Generated Content
- 21.1 We want to share the different ways and styles in which our products can be worn. When you share a photo from a public Instagram account, you agree to share content with Instagram and other social media platforms.When you post an image or video wearing Gill gear and either do one of the following;Tag Gill Fishing (@gillfishing)
Mention Gill Fishing(@gillfishing)
Use the hashtag #gillfishingYou have volunteered to share that content or information and it can be used on the Gill Fishing social channels, website and other promotional channels. We will link or credit your account upon sharing your photo.
22. Mobile Message Service Terms and Conditions
- The Gill Marine mobile message service (the “Service”) is operated by Douglas Gill International Limited (“Gill”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
- By consenting to Gill’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Gill through your wireless provider to the mobile number you provided, even if your mobile number is registered on Do Not Call list (The Telephone Preference Service (TPS)). Text messages may be sent using an automatic telephone dialling system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
- You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Gill. Your participation in this program is completely voluntary.
- We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
- You may opt-out of the Service at any time. Text the single keyword command STOP to +18334035615 or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Gill mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
- For Service support or assistance, text HELP to +18334035615 or email [email protected]
- We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.
- The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice https://www.gillfishing.com/cookie-and-privacy-policy/
23. Free 30L Voyager Duffel Bag with all Drysuits
- This offer applies when purchasing The Verso Drysuit, The Women’s Verso Drysuit or The Verso Drysuit Special Edition only.
- >The free gift will be applied automatically at the cart on all qualifying orders.
- This offer is valid on www.gillfishing.com only.
- The free gift is the 30L Voyager Duffel Bag in Black, there is no cash alternative and the free item is not exchangeable for cash or for any other product.
- A limit of one free gift per transaction applies to this offer.
- This offer is for a limited time only. Gill reserves the right to terminate this offer at any time.
- If any paid product forming part of the offer is returned for a refund, then the free item must be returned in an undamaged state. If the free item is not returned, or if the free item has been damaged, Gill reserves the right to deduct from any refund due to you a sum equal to the current price at which the free item is available for purchase.
24. $250 Gift Card Giveaway Terms and Conditions
- Customers who sign up to our newsletter from 11/01/2023 are automatically entered in to the giveaway.
- The winner will be picked at random on the last day of each month.
- The winning customer will be informed via email within 7 working days of being selected as winner.
- The prize must be claimed within 4 weeks.
- No cash alternative is available.
- Gift card can only be redeemed on www.gillfishing.com
- Gill reserves the right to terminate this offer at any time.