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Terms and Conditions

GENERAL TERMS & CONDITIONS

These terms & conditions set out the basis on which you can visit and use our website. Please read them carefully as they contain important information.

Carriage charges

Country	Cost
UK Mainland & Northern Ireland	free
Europe and North America	£10
Rest of the World	£15

Pricing

For retail customers all prices include VAT (where applicable) at the current rates. Wholesale prices are subject to VAT. We reserve the right to express the price exclusive of VAT, and show VAT separately and include it in the total price. Prices do not include carriage, which will be added to orders.

Our prices are reviewed periodically and we reserve the right to change any prices of our products or services at any time.

Customs duty and sales taxes

If you are having your purchases delivered to a non-European Union country, please note:
1. Your purchase will be UK Value Added Tax exempt, and 20% will be deducted from the cost of your item on checkout.
2. You may possibly have to pay import duty and sales tax in the country of importation, which will be charged by the importing country's customs.

Cancellation and returns policy

In the unlikely event that you receive damaged goods or we supply any incorrect items, these must be returned to us within 7 days.

We reserve the right to assess any goods returned for quality reasons.

We will refund the postage for faulty goods or goods sent in error, at the cost of standard recorded postage charges. No carriage charges will be refunded for any other reason other than specified above.

If you wish to cancel your order:

• You can notify us by email to cath@gabysfashion.com before we have despatched the goods to you; or
• Where goods have already been despatched to you, by returning goods to us in accordance with our terms below.

You can return unwanted goods you have ordered from us for any reason at any time within 7 days of receipt for a refund of the cost of the goods less the carriage charges.

The costs of returning unwanted goods to us shall be borne by the customer. Please include your order number with your return and in any other correspondence you have with us. Upon receipt of the goods we will refund the amount paid back to the card used when purchasing the goods.

The right to return unwanted goods will not apply in the following circumstances:

• (a) in the event that the product has been used or tampered with
• (b) in the event that any packaging has been damaged or labels have been removed from the product.

Your statutory rights remain unaffected.

All returns must be sent using a recorded postage service. With any unwanted goods for return, please include the following:

• Your order number or a copy of your invoice.

With any faulty goods or goods sent in error, please include the following:

• A receipt for the postage costs or the postage cost noted on the parcel.
• Your order number or a copy of your invoice.
• Details of any faults found or incorrect items received.

Please send all returns to:

Gaby’s Fashion Ltd, The Old Chapel, Crook Lane, Winsford, Cheshire, CW7 3DN

Ordering from us

You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement by e-mail, detailing the products you have ordered.

Our acceptance of an order takes place when we despatch the order. We will send you a despatch confirmation by email. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.

We may refuse to accept an order:

• (a) where goods are not available;
• (b) where we cannot obtain authorisation for your payment;
• (c) if there has been a pricing or product description error; or
• (d) if you do not meet any eligibility criteria set out in our terms and conditions.

Ownership of rights

This site is owned and operated by Gaby’s Fashion Ltd. Registered office: The Old Chapel, 10 Crook Lane, Winsford, Cheshire, CW7 3DN. Registered number. 3419372 (England and Wales) part of Dewhurts Dent Plc, Union Mill, Vernon Street, Bolton, Lancs, BL1 2PT

All rights, including copyright, in this website are owned by or licensed to Gaby’s Fashion Ltd. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Gaby’s Fashion Ltd. You may not modify, distribute or re-post something on this website for any purpose.

Accuracy of content

Gaby’s Fashion Ltd has taken every care in the preparation of the content of this website. To the extent permitted by applicable law, Gaby’s Fashion Ltd disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. Gaby’s Fashion Ltd shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website.

Damage to your computer

Gaby’s Fashion Ltd makes every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it. Gaby’s Fashion Ltd shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

Links to other websites

We have placed links on this website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. Gaby’s Fashion Ltd cannot accept any liability in respect of the use of these websites.

Exclusions of liability

Any disclaimers and exclusions of liability in these terms & conditions shall not apply to any damages arising from death or personal injury caused by the negligence of Gaby’s Fashion Ltd or any of its employees or agents or fraud. These disclaimers and exclusions shall be governed by and construed in accordance with English Law. If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Other legal notices

There may be legal notices on other areas of this website which relate to your use of this website, all of which will, together with these terms & conditions govern your use of this website.

Changes to legal notices

We reserve the right to change these terms & conditions from time to time and you should look through them as often as possible.

Law, jurisdiction and language

This website, any content contained herein and any usage of this website are governed by and construed in accordance with English Law. The parties agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with the above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

Any rights not expressly granted in these terms are reserved.

Visitor material and conduct

Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

You are prohibited from posting or transmitting to or from this Website any material:

• (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
• (b) for which you have not obtained all necessary licences and/or approvals;
• (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
• (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

Registration

To register with www.gabysfashion.com you must be over eighteen years of age.

You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.


TRADE TERMS & CONDITIONS

Minimum initial order £250. All prices are exclusive of VAT.

Free packaging supplied with items £5.95 and over. 

All packs are priced per pack not per item. 

 Items £7.95 and under are sold in 2's (can be 2 colours)

Any item that is not in stock will be substituted with the closest possible alternative.  If you do not wish to accept substitutes please advise on your order.

Prices are correct at the time of going to press as of 1st July 2011. Stock will be available from August.

Carriage charges

UK mainland: all orders under £500, maximum carriage £8

Northern Ireland: all orders under £1000, maximum carriage £15

Eire: all orders, maximum carriage €32.25

All other areas: ex factory, please contact us for a quote or provide UK shipping agent.


Returns

Any goods found to be faulty will be repaired, replaced or refunded. This applies to major defects and is at our discretion.

Please note whilst every effort has been made to duplicate the original colours and style, slight variations may occur.

Payment Terms

Pro Forma is required for the initial order, 30 days nett on all future orders, once credit check has been made. We accept cheques (made payable to Gaby’s Fashion Ltd), bank transfers and all major credit cards. (A fee of 2% will be made on credit card payments made outside of our 30 days terms). We cannot accept payment via Paypal from wholesale customers. 

Gaby’s Fashion Ltd
Reg Office – The Old Chapel, 10 Crook Lane, Winsford, Cheshire, CW7 3DN part of Dewhurst Dent Plc, Union Mill, Vernon Street, Bolton, Lancs, BL1 2PT                 Co. Reg in England No 3419372 Vat No. GB692424619

www.gabysfashion.com  Tel: 01606 869333 Fax: 01606 869444