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Terms & Conditions

Terms and conditions of trading for giggleberries.co.uk online

1. INTERPRETATION AND DEFINITIONS

1.1 In these conditions the following words have the following meanings:

You or Your : the customer

We, Us, Our: giggleberries.co.uk whose registered office is at Unit 126, The Turbine Business Innovation Centre, Coach Close, Shireoaks Triangle Business Park, Worksop, Notts, S81 8AP.

Contract: the contract made between You and Us for the sale and purchase of the Goods, which incorporates these Terms and Conditions;

Goods: The items of men's underwear ordered by You.

Website: www.giggleberries.co.uk

2. CREATION OF CONTRACT

2.1 The following steps will need to occur in order for a Contract to be created:
  1. You place an order on the Website by pressing the “PAY” button at the end of the checkout process.
  2. We will then send You an acknowledgement of order email, please note this is not a confirmation that We have accepted your order.
  3. Acceptance and completion of the Contract will take place on the despatch of the Goods from the warehouse.
2.2 These conditions will apply each time You submit an order for Goods on the Website. Any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by Us.

2.3 We shall have the right to refuse to accept any order submitted by You where:
  1. The Goods are not available in stock.
  2. We are unable to obtain authorisation to enable Your payment to be made.
  3. We identify that the Goods have been wrongly priced or described.
Where this is necessary we will advise you by email as soon as reasonably practicable.

3. DESCRIPTION

We have tried as far as possible to ensure that the descriptions and photographs of Goods appearing on the Website are as accurate as possible. If for any reason You are not completely satisfied with the Goods when they arrive We will exchange or refund them.

Please see our returns section for further details.

4. DELIVERY

4.1 Delivery charges are calculated according to the table set out in our Delivery Information section of the website.

4.2 We will endeavour to despatch Goods within 24 hours of an order being placed. Where We do not have the requested Goods in stock, We will let You know and give You 7 days to decide whether to wait for the new stock or to cancel the order. If You do not respond within 7 days, We will assume You wish to wait for the new stock to arrive.

4.3 ALL orders will be sent by means of a postal service that requires the order to be signed for on receipt.

4.4 Where you have ordered a number of different Goods We may deliver the Goods either together as one delivery, or by separate deliveries. Each delivery will be treated as a separate Contract and no cancellation or termination of any one Contract will entitle You to repudiate or cancel any other Contract. We will not of course charge an additional delivery charge where Goods of the same order are delivered separately.

4.5 Subject to the other provisions of these conditions We will not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.

4.6 We will notify you by email if items are out of stock and provide you with the opportunity to receive a refund, choose an alternative or wait until they are in stock, providing they are still obtainable from the manufacturer.

5. NON-DELIVERY OR DAMAGE IN TRANSIT

5.1 We will not be liable for any non-delivery of Goods (even if it is Our fault ) unless You have notified us that the Goods haven't arrived within 10 days of the date of the order.

5.2 Our liability for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or refunding You the price, including any delivery charge, paid for such Goods.

5.3 We will use all reasonable endeavours to ensure that the Goods are appropriately packaged; however should the Goods be damaged in transit then We will refund or exchange the damaged Goods, provided that the damaged Goods are returned to Us within 7 days of receipt, in accordance with our returns policy.

6. PRICE

6.1 In addition to the price listed against each Good there may be a delivery charge calculated in accordance with the delivery charges table.

7. PAYMENT

7.1 You can find details of the various ways that You can pay for Goods on the Website in the Shop Info section. Where you pay online We will not collect, process or store any of Your credit card data on the Website. Instead You will be connected to PayPal, a secure, encrypted gateway between Us and Your bank.

8. QUALITY

8.1 We warrant that (subject to the other provisions of these conditions) upon delivery the Goods will be of satisfactory quality within the meaning of the Sale of Goods Act 1979;

8.2 However, We will not be liable for a breach of the warranty in condition 8.1 unless:
  1. You give Us written notice of the defect within 7 days of the time when You discover or ought to have discovered the defect; and
  2. We are given a reasonable opportunity after receiving such notice of examining any defective Goods. In order to do so, we may ask You to return the Goods to Us. If We do ask you to return them, We will of course pay any postage or packing costs You may occur in so doing.
8.3 We will not be liable for a breach of the warranty in condition 8.1 if:
  1. You make any further use of such Goods after giving such notice; or
  2. The defect arises because You failed to follow the manufacturers written instructions in relation to washing.
8.4 Subject to the points raised in clauses 8.2 and 8.3 above, if any of the Goods do not conform with the warranty in clause 8.1 We will either replace such Goods or refund You the price of such Goods including any delivery charges

8.5 Where We refund or replace the Goods in accordance with this clause, We will have no further liability to You in respect of the defective Goods.

9. CANCELLING YOUR ORDER

9.1 In the European Union you are entitled to a statutory cooling-off period of seven business days and consequently you have the right to cancel your order at any time up to the end of 7 working days after you receive the goods.

9.2 To cancel your order you must give written notice to Giggleberries.co.uk by post or email, giving your full name, delivery address and details of the goods ordered.

9.3 Notification by phone is not sufficient.

9.4 If you choose to cancel your order after the goods have been dispatched then you will be required to return the goods to Giggleberries.co.uk unworn, undamaged and still in their packaging with all the manufacturers labels attached.

9.5 You will be responsible for returning the goods to us and the cost of doing so, unless the goods are faulty.

9.6 Goods must be returned to;

Giggleberries.co.uk
Unit 126
The Turbine Business Innovation Centre
Coach Close
Shireoaks Triangle Business Park
Worksop
Notts
S81 8AP

9.7 As soon as we receive notification that you wish to cancel your order, Giggleberries.co.uk will refund the bank card used to pay for your order within 30 days for the sum you were charged for the items ordered.

9.8 In the case of items that have already been dispatched we will refund your account once we are in receipt of the returned goods and within 30 days of receiving them.

10. RETURNS, REFUNDS AND EXCHANGES

You can return any items you have purchased from us at any time, no matter how long you have had them and we will refund or exchange them providing you observe our conditions below.

10.1 Where You wish to return or exchange any Goods, You must follow the procedure set out below:
  1. The Goods should be sent back to Us in their original packaging and with their labels attached.
  2. You should include with any returned Goods a copy of the invoice and a brief note detailing the reason for return;
  3. Where you wish to exchange the Goods please make sure You provide Us with full details of the Goods You wish to purchase in exchange.
10.2 If you have requested replacements of a higher value, any difference due will be charged to the card used to pay for the original order.

10.3 If you have requested a refund, or replacements of a lower value than the returned goods, any refund due will be credited back to the card used to pay for the original order. We will let you know as soon as the refund has been processed. Please note that we are unable to offer credit notes.

10.4 For hygiene reasons We regret that We cannot exchange or return any Goods which have been worn or washed, unless they are faulty.

10.5 When returning any Goods to Us, We suggest that You use a recorded delivery service, as We are UNABLE TO ACCEPT responsibility for any Goods which are lost or damaged in transit.

10.6 Where You are returning Goods, We will refund the purchase price for the Goods by crediting Your bank card used to pay for the original order.

10.7 We regret that WE ARE UNABLE to refund You any delivery charges paid in addition to the price of the Goods and return postage is payable by You, the sender, unless the goods are faulty.

10.8 All returns should be sent to;

Giggleberries.co.uk (RETURNS)
Unit 126
The Turbine Business Innovation Centre
Coach Close
Shireoaks Triangle Business Park
Worksop
Notts
S81 8AP

11. LIMITATION OF LIABILITY

11.1 Subject to conditions 4 and 8, the following provisions set out Our entire financial liability to You in respect of:
  1. any breach of these conditions;
  2. any use made or resale by You of any of the Goods; and
  3. any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
11.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.

11.3 Nothing in these conditions seeks to exclude or limit Our liability:
  1. for death or personal injury caused by Our negligence;
  2. under section 2(3) Consumer Protection Act 1987;
  3. for any matter which it would be illegal for Us to exclude or attempt to exclude its liability; or
  4. for fraud or fraudulent misrepresentation.
11.4 Subject to conditions 10.2 and 10.3:
  1. Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Contract shall be limited to the price of the Goods; and
  2. We shall not be liable to You for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
12. STATUTORY RIGHTS

12.1 Your statutory rights are in no way affected by the provisions of these terms and conditions.

13. GENERAL

13.1 Each right or remedy under the Contract is without prejudice to any other right or remedy available whether under the Contract or not.

13.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

13.3 Any waiver by Us of any breach of, or any default under, any provision of the Contract by You will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.

13.4 The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

13.5 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.

14. COMMUNICATIONS

All communications between the parties about this Contract must be in writing and delivered by hand or sent by pre-paid first class post or via email to the addresses set out below:

Giggleberries.co.uk
Unit 126
The Turbine Business Innovation Centre
Coach Close
Shireoaks Triangle Business Park
Worksop
Notts
S81 8AP

Email – contact@giggleberries.co.uk

15. PRIVACY POLICY

This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information.

15.1 We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998).

15.2 By using the site, you are accepting the practices described in this privacy policy.

15.3 These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.

15.4 Note: the privacy practices set forth in this privacy policy are for this web site only. Therefore, if you link to other web sites, please review the privacy policies posted at those sites because Giggleberries.co.uk assumes no responsibility for the privacy practices or the content of those websites.

Collection of Information

15.5 The information we collect from you depends on what activities you are carrying out on our website, whether you are logged in or not and whether you are making a purchase. We may collect:
  • contact information, such as name, address and telephone number,
  • online contact information, such as your email address,
  • purchase information, such as credit card details
  • navigation and click-stream data, the time of accessing the website, duration of your visit, products you viewed or searched for, items in your basket, at which stage you abandoned your basket,
  • HTTP cookies.
15.6 The information you provide is used to fulfil you specific request, namely the processing of your order of goods purchased online at Giggleberries.co.uk, deal with competition entries, and obtain feedback via online surveys and to record registrations.

15.7 We do not store credit/debit card details.

15.8 We will never collect or pass on to a 3rd party any sensitive information about you without your explicit consent, unless we are required to do so by law. (see paragraph 15.17)

15.9 The information that we hold will be accurate and up to date, based upon the most recent information you have given us. You can check the information that we hold about you by e-mailing us. If you find any inaccuracies we will delete or correct it promptly.

Cookie/Tracking Technology

15.10 The Site may use cookie and tracking technology depending on the features offered.

15.11 Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors.

15.12 Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

Disabling cookies

15.13 You can set your browser to disable cookies or to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. If you do not want to accept third party cookies, this will not affect the functionality of our website, but it may impair your use of or prevent access to some areas, including taking advantage of special offers and vouchers. If you do leave cookies turned on, please take care to sign off when you are finished using a shared computer.

Use of Information

15.14 The main reason we collect and store your personal information is to process and deliver your orders, to authorise payment, invoice you, respond to your enquiries, get in touch with you about other products and promotional offers, recommend products we think might be of interest to you, and generally maintain the account you hold with us.

15.15 If you provide Gigglberries.co.uk with an email address, it will automatically be entered into our regular email update service. From time to time, we may also contact you by post with information on special offers or events regarding our products. If you do not wish to receive updates or marketing information, please contact us at;

Giggleberries.co.uk
Unit 126
The Turbine Business Innovation Centre
Coach Close
Shireoaks Triangle Business Park
Worksop
Notts
S81 8AP

contact@giggleberries.co.uk

15.16 If you do not object to receiving marketing material at the time the information was collected from you, but subsequently change your mind and no longer wish to receive such information, you may opt out of doing so by contacting us at the above details.

Distribution of Information

15.17 We may share information with governmental agencies or other companies assisting us in fraud prevention or criminal investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place.

15.18 The information is not provided to these companies for marketing purposes and the only third parties we share your information with as a matter of course is with PayPal in order to process your order and payment details.

Commitment to Data Security

15.19 Your personally identifiable information is kept secure. Only authorized employees, (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.

Privacy Contact Information

15.20 If you have any questions, concerns, or comments about our privacy policy you may contact us at;

Giggleberries.co.uk
Unit 126
The Turbine Business Innovation Centre
Coach Close
Shireoaks Triangle Business Park
Worksop
Notts
S81 8AP

contact@giggleberries.co.uk

15.21 We reserve the right to make changes to this policy. Any changes to this policy will be posted.
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