Terms & Conditions
These Terms & Conditions set out the basis upon which you can use and / or purchase goods from the gabicci.com website ("the website") so please read them carefully. By using the website you are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions do not use the website. We recommend that you print a copy of these Terms & Conditions for future reference.
1 - Operation Of The Website & Contact Details
The website is operated by Original Brands Limited ("We/Our/Us") of IMEX, 575-599 Maxted Road, Hemel Hempstead, Hertfordshire, England, HP2 7DX. If you have any questions about these Terms & Conditions or the website generally please contact us via email on firstname.lastname@example.org or by telephone on: 44 (0) 1442 277300.
2 - Ownership Of Rights & Use
You acknowledge and agree that copyright, trademarks and other intellectual property rights in this website and its contents are owned by Original Brands Limited and its licensors. Any use of the website or its contents, including the copying or storing in whole or in part, other than your personal non-commercial use is prohibited without our express written permission. You may not modify the website or its contents without our express written consent.
3 - Privacy
4 - Third Party Websites
If you use a link on the website to a third party website you will leave our website (whether or not you realise you are leaving). We exclude to the fullest extent permitted by law all liability in relation to your use of such third party websites.
5 - Changes To These Terms & Conditions & The Website
We reserve the right to change these Terms & Conditions from time to time and you should therefore review them as often as possible. While we endeavour to verify the content of the website we do not represent or warrant that it is accurate or complete in all respects. We may make changes to the material on the website and to the goods and prices described in it at any time without notice.
6 - Display Of Products
While we endeavour to ensure that the colour of our goods is accurately displayed on the website, the colours you see will depend on your monitor and accordingly the colour of goods shown on the website should be treated as approximations.
7 - Damage To Your Computer
While we take reasonable steps to prevent viruses and other malicious code on our website no liability is accepted for them and you should take appropriate measures to protect your computer.
8 - Service Access
While we endeavour to ensure that this website is normally available 24 hours a day, we shall not be liable if for any reason this website is unavailable at any time or for any period. Access to the website may be suspended without notice in the case of system failure, maintenance repair or for other reasons beyond our control.
9 - Purchase Of Products
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 email to you at the email address you provided in your order form. Our acceptance of your order brings into existence a legally binding contract between us for the sale of the goods.
10 - Price
10.1. The price payable for goods that you order are as set out in the website at the time of placing an order.
10.2. You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. See our Delivery Charges.
11 - Right For You To Cancel Your Contract
11.1. You may cancel your contract with us for the goods you order at any time up to the seventh working day from the date you receive the ordered goods pursuant to your right under the Distance Selling Regulations 2000. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
11.2. To cancel your contract you must notify us in writing.
11.3. If you receive the goods before you cancel your contract then you must send the goods back to our contact address at your own risk. If you cancel your contract but we have already processed the goods for delivery you must send the goods back to us at our contact address as shown in clause 16 at your own risk as soon as possible.
11.4. Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order providing that the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
12 - Returns
Goods may be returned within 14 days of your receiving them subject to the terms of our returns policy. Please ensure that you complete the returns form enclosed with your parcel and make sure that you obtain a certificate of posting from your post office or courier. We cannot be held responsible for goods lost in transit to us if you do not have a certificate of posting.
13 - Our Rights To Refuse Your Order
13.1. We reserve the right to refuse your order if:
13.1.1. We have insufficient stock to deliver goods you have ordered;
13.1.2. We do not deliver to your area; or
13.1.3. One or more of the goods you ordered was listed at an incorrect price or with an incorrect description due to a typographical or clerical error.
13.2. If we do refuse your order we will notify you by e-mail and will re-credit your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
14 - Delivery Of Goods To You
14.1. We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
14.2. Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
14.3. You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
14.4. We regret to inform you that we cannot accept orders from or despatch orders to the following sanctioned countries:
Democratic Republic of Congo
Federal Republic of Yugoslavia & Serbia
Ivory Coast (Cote D'Ivoire)
Republic of Guinea
15 - Liability
15.1. You agree to inspect the goods delivered to you promptly upon receipt. If the goods we deliver are not what you ordered or are damaged on delivery or defective or the delivery is of an incorrect quantity you agree to notify us in writing at our current address of the problem as soon as is reasonably possible and in any event within 14 days of receipt of the goods.
15.2. If you do not receive goods ordered by you within 30 days of the date on which you ordered them, you shall notify us in writing at our contact address of the problem as soon as reasonably possible and in any event within 40 days of the date on which you ordered the goods.
15.3. If you notify a problem to us under this clause we will, at your option:
15.3.1. Make good any shortage or non delivery;
15.3.2. Replace or repair any goods that are damaged or defective upon return of the damaged or defective goods in accordance with clause 12 above; or
15.4. Save as precluded by law, we will not be liable to you under these Terms & Conditions for:
15.4.1. Any economic losses (including without limitation loss of revenue profits, data, business or anticipated savings); or
15.4.2. Loss of good will or reputation; or
15.4.3. Special or indirect losses whether arising in contract or tort (Including without limitation, negligence) or otherwise.
15.5. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits or purchase goods from our site. The importation or exportation of certain goods to you may be prohibited by certain national laws. We will make no representation and accept no liability in respect of the export or import of the goods you purchase.
15.6. Notwithstanding the foregoing, nothing in these Terms & Conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
16 - Notices
Unless otherwise expressly stated in these Terms & Conditions, all notices from you to us must be in writing and sent to our contact address at Original Brands Limited, IMEX, 575-599 Maxted Road, Hemel Hempstead, Hertfordshire, England, HP2 7DX and all notices from us to you will be displayed on the website from time to time.
17 - Events Beyond Our Control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
18 - Invalidity
If any part of these Terms & Conditions is unenforceable (Including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms & Conditions will not be affected.
19 - Third Party Rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (rights of third parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that act.
20 - Governing Law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any dispute between us.
21 - Entire Agreement
Gabicci is a trading name of Original Brands Limited. Registered office: Alex House, 260-268 Chapel Street, Salford, Manchester, England M3 5JZ. Company No 09050976. VAT Number GB 188 8015 71.