- Welcome to the George Fisher Website terms and conditions for use. These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website.
- You are reminded that the Internet is not a secure medium and that emails can be intercepted or repudiated much the same as letters and phone calls.
- Before you place an order, if you have any questions relating to these terms and conditions please contact our Customer Service team by e-mail on firstname.lastname@example.org, or call us on 017687 72178:
- "Conditions" means these terms and conditions and the Special Conditions; "Product" means a product displayed for sale on the Website; "Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided; "Special Conditions" means the terms and conditions in the Product Description; "We/us" means George Fisher Ltd; "Website" or “Site” means the website located at www.georgefisher.co.uk or any subsequent URL which may replace it; "Users" means the users of the Website collectively; "Personal Information" means the details provided by you when ordering product from us online; "Cookies" means small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer; "You" means a user of this Website..
3. Use of the Website Access
- You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
- You warrant that:
- The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects.
- You will notify us immediately of any changes to the Personal Information by contacting us by e-mail on email@example.com or by calling us on 017687 72178 during our opening hours.
- You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
- You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
5. Our rights
- We reserve the right to:
modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the Conditions at any time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check each time you visit to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
6. Third party links - disclaimer
- We encourage you to use your discretion while browsing the Internet. Our site contains links to external sites. Although we check such links from time to time, we have no control over these sites nor do we have any responsibility for them. We cannot therefore be responsible for any content that some people may find offensive or inappropriate or which is inaccurate, misleading or in any other way unlawful. For the same reason , we cannot be responsible for the information, materials, products or services on or available from external sites or any third parties you access through the site, nor for any damage, loss or offence caused, or alleged to be caused, by or in connection with the use of or reliance on any information, materials, content, advertising, products or services available from such external sites or third parties. We do not endorse any third party or their product or service – we are merely saying they might be worth you investigating further. Any dealings between you and any third party accessed on or via the site, including payment for and delivery of information, materials, products, services and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and the relevant third party. You agree not to hold us liable for any loss or damage of any kind incurred as the result of such dealings.
7. Purchase of products Orders
- We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
8. Contract creation and electronic contracting
- The technical steps required to create the contract between you and us are as follows:
- You place the order for products on the web-site by pressing the confirm order button at the end of the check-out process. You will be guided through the process of placing an order by a series of simple instructions on the web-site.
- We will send to you an order acknowledgement email detailing your order. This is not an order confirmation or order acceptance by George Fisher Ltd.
- When your product is sent to you we may send you a further dispatch confirmation email.
- Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the Products ordered unless we do not accept your order or you have cancelled it.
- Non-acceptance of an order may be a result of one of the following:
- The product you ordered being unavailable from stock.
- Our inability to obtain authorisation for your payment
- The identification of a pricing or product description error
- You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
9. Contract Cancellation/Return of Goods
- Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right no longer than 30 calendar days after the day on which you receive the Products. If you wish to exercise your right to cancel this contract, please email firstname.lastname@example.org or inform our customer service department by fax (017687 71818) or in writing to Customer Service, George Fisher Ltd., 2 Borrowdale Road, Keswick, Cumbria CA12 5DA. Customers are liable for any delivery costs if they return goods that are not faulty or incorrect. Please note that your right to return Products does NOT apply to Products which fall into the following categories:· Perishable goods (for example food) CD, DVD, tapes or other recording media, software or videos if their seal is broken. Please click this link for a copy of our standard Cancellation Form (opens in a new window).
10. Description of products
- Each Product purchased is sold subject to its Product Description. We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted.
- All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. Payment can be made by any of the methods specified in the Payment section of this Website and payment will be debited and cleared from your account as set out in the Payment section of this Website. You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery. All card payments are made through our secure card payments provider, SagePay.
12. Refusal of 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. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product from this Website whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun. To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website under English law you must:
- Submit your real name, phone number, e-mail address, payment details and other requested information
- Be over 18 years of age
- Stipulate a delivery address in the United Kingdom. Please note that PO box numbers, hotels and accommodation addresses are not acceptable
- Possess a valid credit or debit card issued by a bank acceptable to us. By making an offer to buy a Product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
13. George Fisher Gift Vouchers
- Gift Vouchers can be purchased on the Site but can only be redeemed in the shop or by mail order. Gift vouchers may not be exchanged for cash.
14. Intellectual property and right to use
- You acknowledge and agree that all copyright, trademarks 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. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
15. Compliance with laws
- The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
16. Limitations of Liability
- While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error- free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website.
- We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
- We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect losses, suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
- If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
- No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
- Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
20. Entire agreement
- These Conditions govern our relationship with you. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
- The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
George Fisher, 2 Borrowdale Road, Keswick, CA12 5DA. Tel: +44 (0) 17687 72178. VAT Number: 514 4964 41
Registered Office: Edinburgh House, Hollinsbrook Way, Bury, Lancashire, United Kingdom, BL9 8RR
Company Registration Number: 2385143 England