Delivery and payment

Gabriela Austin is hereinafter referred to as ‘The Company’

Payment

All prices displayed on this website are in British Pounds Sterling and do not include delivery costs unless otherwise stated. The total cost of the order is the price of the products ordered plus the delivery charge.

We accept Visa, Visa Electron, MasterCard, Maestro Switch or Solo and Paypal. Payment will be debited when we receive your order.  For other methods of payment, please contact us.

We do not store credit card details nor do we share customer details with any 3rd parties.

Delivery costs and times

Delivery is charged at a flat rate of £3 per order.  Delivery is by Royal Mail first class post.

Estimated delivery times are as follows:

UK – up to 5 working days
Europe – up to 10 working days
Rest of the world – up to 21 working days

Please note that customers are responsible for any import duties and clearance fees.

Although we endeavour to deliver goods within the times specified above, we cannot accept responsibility for late deliveries that are due to circumstances beyond our control. We will do our best to inform you of any unexpected delay in delivery.

Returns

We are happy to refund or exchange any unused items within 30 days of receipt. Goods must be returned in the same condition they were received. All returned goods are the responsibility of the customer until received by us. We therefore recommend that you ask the Post Office for a certificate of postage and retain it for your reference. Without this we cannot refund any money if we do not receive the returned items.

Please notify us by email at sales@gabrielaaustin.com before returning any goods stating whether you require a refund or an exchange.

Refunds

Our refunds policy concurs with government recomendations: www.oft.gov.uk/business-advice/treating-customers-fairly/dshome/forcustomers.   Goods can be returned within a period of 30 days from purchase and must be accompanied with a note detailing if an exchange or refund is required. Return delivery charges are the full responsibility of the customer unless the product is returned because of a defect or an error made by us, in which case we will refund the postage costs incurred by you for returning the item.

Refunds are credited to the original method of payment.

Privacy Policy

Gabriela Austin are committed to protecting and respecting your privacy. When you place an order, we need to know your name, e-mail address, billing and shipping address. From time to time, we may use this information to send you offers of products similar to those which you have purchased. We will not share your information with any third party. By using our website, you consent to the collection and use of this information in this way.

If you would rather that we did not send you these offers, simply send an email to sales@gabrielaaustin.com giving us your name and address, and we will take you off of our mailing list.

From time to time, we may change our Privacy Policy. If we do so, we will post those changes on this page so that you will always be aware of what information we collect and how we use it.

Website Terms and Conditions of Sale

Gabriela Austin is hereinafter referred to as ‘The Company’.

This page (together with the documents referred to on it) tells you the terms and conditions on which the Company supplies any of the products (“Products”) listed on this website gabrielaaustin.com  (“the Site”) to you. Please read the following terms and conditions carefully before ordering any Products from the Site. You should understand that by ordering any of the Products, you agree to be bound by these terms and conditions. You may wish to print a copy for future reference.

1. Information About the Company
www.gabrielaaustin.com is a site operated by the Company. The Company’s main trading address is 20 Knotts Place, Sevenoaks, TN13 1HD  United Kingdom.

2. Your Status
By placing an order through the Site, you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.

3. How the Contract is Formed Between You and the Company
After placing an order, you will receive an e-mail from the Company acknowledging that it has received your order and setting out the total cost of your order including delivery costs and the ways in which you can pay (the “Confirmation Email”). Once the Company has received payment from you it will send an email confirming receipt of your payment and the date of dispatch (the “Dispatch Confirmation”). At this stage a contract between you and the Company is formed. You should note that colours, sizes etc may vary with what is displayed on the Site and between orders.

4. Consumer Rights
4.1 If you are contracting as a consumer, you may cancel a contract within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with the refund policy (set out in clause 8 below).
4.2 To cancel a contract, you must inform the Company in writing. You must also return the Product(s) to the Company immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, the Company may have a right of action against you for compensation.

5. Availability and Delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified then within 10 working days for deliveries to the UK and within 21 working days for international deliveries, unless there are exceptional circumstances.

6. Risk and Title
The Products will be at your risk from the time of delivery and ownership of the Products will only pass to you when the Company receives full payment of all sums due in respect of the Products, including delivery charges.

7. Price and Payment
7.1 The price of any Products will be as quoted on the Site from time to time, except in cases of obvious error. These prices exclude delivery costs.
7.2 Prices are liable to change at any time, but changes will not affect orders in respect of which the Company has already sent you a Confirmation Email.
7.3 The Site contains a number of Products and it is always possible that, despite the Company’s best efforts, some of the Products listed on the Site may be incorrectly priced. The Company will verify prices in the Confirmation Email and the Company is under no obligation to provide the Product to you at the incorrect (lower) price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
7.4 Payment for all Products must be by credit or debit card. The Company accepts payment through PayPal and their terms and conditions must be complied with.

8. Refund Policy
8.1 When you return a Product to the Company:
(a) because you have cancelled the contract within the seven-day cooling-off period (see clause 4.1 above), the Company will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, the Company will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to the Company.
(b) for any other reason (for instance, because you have notified the Company in accordance with clause 18 that you do not agree to any change in these terms and conditions, or because you claim that the Product is defective), the Company will examine the returned Product and will notify you by email, within a reasonable period of time, of your refund, which will be refunded to you within 30 days. Products returned to you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to the Company.
8.2 The Company will usually refund any money received from you using the same method originally used by you to pay for your purchases.

9. The Company’s Liability
9.1 The Company warrants to you that any Product purchased through the Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
9.2 The Company’s liability for losses you suffer as a result of the Company breaking this agreement is strictly limited to the purchase price of the Product you purchased.
9.3 This does not exclude or limit in any way our liability for death or personal injury caused by the Company’s negligence, liability under section 2(3) of the Consumer Protection Act 1987, liability for fraud or fraudulent misrepresentation, or liability for any matter for which it would be illegal for the Company to exclude, or attempt to exclude, the Company’s liability.
9.4 The Company is not responsible for indirect losses which happen as a side effect of the main loss or damage, however arising and whether caused by tort (including negligence), breach of contract or otherwise.

10. Import Duty
10.1 If you order Products from the Site for delivery outside the UK they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that the Company has no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
10.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. The Company will not be liable for any breach by you of any such laws.

11. Written Communications
When using the Site, you accept that communication with the Company will be mainly electronic. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that the Company provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

12. Notices
All notices given by you to the Company must be given to Gabriela Austin at 20 Knotts Place, Sevenoaks, TN13 1HD  United Kingdom. The Company may give notice to you at either the e-mail or postal address you provide to the Company when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

13. Transfer of Rights and Obligations
13.1 The contract between you and the Company is binding on you and the Company and on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without prior written consent.
13.3 The Company may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of its rights or obligations arising under it, at any time during the term of the contract.

14. Events Outside the Company’s Control
14.1 The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a contract that is caused by events outside its reasonable control (“Force Majeure Event”). A Force Majeure Event means any circumstance beyond the reasonable control of the Company including, but not limited to, acts of God, fire, explosion, adverse weather conditions, flood, earthquake, terrorism, riot, civil commotion, war, hostilities, strikes, work stoppages, slow-downs or other industrial disputes, accidents, riots or civil disturbances, acts of government, lack of power and delays by suppliers or materials shortages.
14.2 The Company’s performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and the Company will have an extension of time for performance for the duration of that period. The Company will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under the contract may be performed despite the Force Majeure Event.

15. Waiver
15.1 If the Company fails, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if the Company fails to exercise any of the rights or remedies to which it is entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by the Company of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by the Company of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.

16. Severability
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

17. Entire Agreement
The Company intends to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any contract. While the Company accepts responsibility for statements and representations made by its duly authorised agent, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

18. The Company’s Right to Vary these Terms and Conditions
The Company has the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order products from the Company, unless any change to those policies or these terms and conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you), or if the Company notifies you of the change to those policies or these terms and conditions before the Company sends you the Dispatch Confirmation (in which case the Company has the right to assume that you have accepted the change to the terms and conditions, unless you notify the Company to the contrary within seven working days of receipt by you of the Products).

19. Law and Jurisdiction
Contracts for the purchase of Products through the Site will be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.