(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 6);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control; or
(d) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer in the UK (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days (starting the day after we have delivered the products to you, or to someone nominated by you or to the delivery address) and receive a refund. You cannot change your mind in respect of any products that we make or adapt specifically for you (including those referred to as ‘bespoke’, or ‘made-to-order’ goods).
8.4 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see Clause 8.1), you can still request to end the contract before it is completed, but you may have to pay us compensation. This would apply for example where an order includes bespoke/customised modifications to one or multiple products. A contract for goods is completed when the product is delivered. If the product(s) are en-route with a carrier at the time of cancellation then we will require the items to be returned before providing any refund.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
9.1 To end the contract with us, please let us know by doing either of the following:
(a) Complete our online Contact Form, clearly requesting a return (or, if you have not yet received the product, a cancellation), listing the items you wish to return and the relevant order/invoice number(s) https://www.gimsonrobotics.co.uk/pages/contact
(b) Print off the form at the end of this terms document and post it to us at the address on the form. Or (as an equivalent) write to us at the same address in your preferred format, including details of what you bought, when you ordered or received it, any order/invoice numbers, and your name and address.
9.2 If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us, unless we have confirmed otherwise in writing, including by email. You must post them back to us at Gimson Robotics Ltd, Unit 31 Filwood Green Business Park, 1 Filwood Park Lane, Bristol, BS4 1ET, United Kingdom. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract, or else your right to a statutory refund will lapse.
9.3 We will pay the costs of returning the product to us:
(a) If the products are shown to be faulty or misdescribed;
(b) If you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control that we haven’t informed you of, or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
9.4 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment (unless this same method is not possible in which case we will contact you to arrange the payment). However, we may make deductions from the price, as described below.
9.5 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. This means that the product must be returned to us in its original packaging and be complete with all parts and accessories that were delivered with the product and must not have been used in any way. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. In addition to this, if you had chosen an ‘express’ delivery method (one with a delivery time guarantee) for your order we will deduct the delivery cost from the refund.
9.6 We will make any refunds due to you as soon as possible but no later than 14 days after we have collected the products from you.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if you do not, within a reasonable time, allow us to deliver the products to you.
10.2 You must compensate us if you break the contract. If we end the contract in the situation set out in Clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
11.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. This means that the products we sell must be of satisfactory quality and fit for their general purpose (to operate as specified).
For detailed information on your rights as a consumer in the United Kingdom, please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
11.2 If you reject any of our products on the basis that they are faulty you must arrange to return the product to us. Provided that the products have been used within their specified limits we will pay for the cost of the return.
12. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS
12.1 If you are a business customer we warrant that on delivery and for a period of 18 months from the date of delivery (warranty period) any products which are goods shall meet with their description, be of satisfactory quality and fit for their general purpose.
12.2 Subject to Clause 12.3, if, within 18 months of receipt of the products:
(a) you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in Clause 12.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you allow us to collect the product at our cost, we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
12.3 We will not be liable for a product’s failure to comply with the warranty in Clause 12.1 in any of the following events:
(a) you make any further use of such product after giving a notice in accordance with Clause 12.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of something that you have done;
(d) you alter the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
(f) the goods or supplied products are made-to-order (‘bespoke’ or ‘custom’) and the failure is due to an unforeseen property of components used. The longevity of bespoke supplies cannot be assured without long term testing and so unless otherwise assured in the invoice the warranty period does not cover such product supplies.
12.4 Except as provided in this Clause 12, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in Clause 12.1.
12.5 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded.
12.6 These terms shall apply to any repaired or replacement products supplied by us under Clause 12.2.
13. PRICE AND PAYMENT
13.1 The price of the product (both including and excluding VAT) will be the price indicated on the order/checkout pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 13.3 for what happens if we discover an error in the price of the product you order.
13.2 Please contact us
if you would like a copy of your VAT invoice to be sent to you in PDF format, over email. PDF invoice copies are also available via website user accounts, and linked to in order confirmation emails.
13.3 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
13.5 When you must pay and how you must pay. All products must be paid in full at the time that you submit your order. Payment can be made by debit or credit card, by PayPal, or by Bank Transfer. All card payments are either handled by Stripe
(our default payment processing agent) or by PayPal
. Use of either payment processing agent will be subject to their terms and conditions. At no point do we manually process or save payment cards, these details are communicated to the payment processing agents via a secure encrypted connection.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products [as summarised at Clause 11.1 including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality and fit for any particular purpose made known to us.
14.3 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in Clause 15.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
15.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
15.2 Except to the extent expressly stated in Clause 12.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
a.3 Subject to Clause 15.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sum paid by you under such contract.
16. HOW WE MAY USE YOUR PERSONAL INFORMATION
16.1 How we will use your personal information. We will use the personal information you provide to us:
a) to supply the products to you;
b) to process your payment for the products;
c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving these emails at any time by contacting us.
16.2 We will only give your personal information to other third parties where the law either requires or allows us to do so.