If you have any questions about our products, if you need assistance, or if you have a query regarding your order please do not hesitate to contact us.
These Terms and Conditions are effective from 02.06.2013 until further notice.
You, the Customer a person or company buying Products from us. Consumer: a private person buying Products for private use. If you are a Consumer, please find your specific rights and exceptions in Section 15.
Gaucho Belts (us, our) the Product vendor as identified on your invoice.
Order Confirmation formal acknowledgement of Product ordered by you, sent by Gaucho Belts
Price stated in Order Confirmation.
Product as described in Order Confirmation
This Agreement applies to this sale, Service and all statements made by Gaucho Belts in brochures, price lists, adverts, quotations, on the internet or verbally. Any variations to this agreement must be confirmed by Gaucho Belts in writing. Any other Terms and Conditions are excluded. Placing your order means acceptance of this Agreement. This Agreement does not apply to Product purchases from a reseller or distributor nor is it a reseller or distribution agreement.
Orders may be received by internet but are only binding when accepted by Gaucho Belts in a written Order Confirmation. Please check the Order Confirmation and notify Gaucho Belts of any mistake in writing immediately or the details stated in the Order Confirmation will apply to this Agreement. Gaucho Belts reserves the right to change Products at any time but Gaucho Belts guarantees you at least equivalent functionality.
4. Price & Payment Terms
Products prices and tax are as shown on your invoice. Changes to exchange rates, duties, insurance, freight and purchase costs may cause Gaucho Belts to adjust prices accordingly. Payment will be made before supply of products or, if agreed, within 7 days of the invoice date without further notice from Gaucho Belts. Payment timing is of the essence. Gaucho Belts may suspend delivery until full payment for that order.
5. Postage and Packaging
All in-stock items will be sent with 48 hours of the Order Confirmation. If an item is temporarily out of stock you will be notified. For UK delivery, all items are sent by recorded delivery unless next day (registered) delivery has been requested. For international delivery (outside of the UK) all parcels are sent by air 'signed for' delivery. Gaucho Belts is responsible only for the shipping of items stated in the Order Confirmation to the destination country. All custom duties and fees imposed once the items are in the destination country are the resposibilty of the customer.
We aim to dispatch all orders as quickly as possible they should be with you in 4 working days for UK deliverys. Delivery to destinations outside of the UK may take longer. Any delivery period stated on the Order Confirmation is approximate. Please note that on the rare occasion of a delivery taking longer than normal Royal Mail (and Gaucho Belts) do not declare it lost for 16 days. The place of delivery is stated in the Order Confirmation. Title to Product passes on full payment. If you refuse delivery without Gaucho Belts' agreement, you must pay Gaucho Belts' expenses or loss resulting from that refusal, including storage costs, until you accept delivery. Risk of the loss of the goods passes to you on delivery.
7. Export orders
Any product exported outside of the United Kingdom, following delivery to a the United Kingdom destination, is done so entirely at the risk of the consumer.
When you receive Product you must inspect it for any defects or damage within 24 hours. After this period, you will have accepted Product. If Gaucho Belts agrees to the return of Product at its choosing, it must be in its original condition with packaging, a return note and proof of purchase; the return costs may also be payable by you unless the item is faulty.
Unless otherwise stated, Gaucho Belts guarantees to you that the Products will be free from defects for 3 months from dispatch date. Should Product be defective within this period, Gaucho Belts will replace Product within a reasonable time. All reasonable care and endeavour shall be used to resolve problems within a realistic period in the circumstances. Gaucho Belts warranty is given in place of all implied warranties and that such implied warranties are excluded to the fullest permitted extent. Gaucho Belts may revise its limited warranties from time to time but any such change will not affect products ordered by you prior to the date of such change. Gaucho Belts does not give a warranty guarantee protection for:
· damage caused by incorrect storage by any unauthorised 3rd party or yourself;
· damage caused by any party (except Gaucho Belts) or other external force;
· fitness for any particular purpose;
· any instruction given by you and correctly performed by Gaucho Belts
You must provide Gaucho Belts with all reasonable courtesy, information, cooperation, facilities and access to enable Gaucho Belts to perform duties, failing which Gaucho Belts shall not be obliged to perform any Service or assistance. Please note that your calls to Gaucho Belts may be monitored for training purposes.
10. Intellectual Property (IP)
Gaucho Belts retains all Gaucho Belts- owned IP in Product. You must notify Gaucho Belts immediately of any infringing or unauthorised use of Product or IP in it.
11. Force Majeure
Gaucho Belts is not liable for delays in performance (incl. delivery) caused by circumstances beyond its reasonable control and leading to a time extension for performance; examples include strikes, terrorist acts, war, supplier / transport / production problems, exchange fluctuations, governmental or regulatory action and natural disasters. If this lasts more than 30 days, this Agreement may be terminated by either party without compensation.
Each party must treat all information received from the other marked "confidential" or reasonably obvious to be confidential as it would treat its own confidential information.
Gaucho Belts may terminate this Agreement with immediate written notice if you fail to pay on time. Either party may terminate if the other: 1) commits a material or persistent breach of this Agreement and fails to remedy this within 30 days of written notice from the other; or 2) becomes insolvent or is unable to pay debts as they fall due.
14. Your obligations as a Customer
You are responsible for:
· your own choice of Product and its suitability for purpose;
· your telephone & postal charges in contacting Gaucho Belts, if any;
You must provide Gaucho Belts with all reasonable courtesy, information, cooperation, facilities and access to enable Gaucho Belts to perform duties, failing which Gaucho Belts shall not be obliged to perform any Service or assistance.
Please note that your calls to Gaucho Belts may be monitored for training purposes.
15. Data Protection
Your data will be held and/or transferred in strict accordance with the applicable data protection laws. You consent to your personal data being transferred to a Gaucho Belts company outside of the EEA. You may instruct Gaucho Belts not to use your data for direct marketing purposes.
16. Consumer Rights
If you are a Consumer you may cancel your purchase at any time before it is despatched from Gaucho Belts without cause and receive a refund of the Price paid. To do this you must inform Gaucho Belts In writing. Any statutory Consumer rights are unaffected by this Agreement.
United Kingdom law and the exclusive court jurisdiction of the British courts will apply to this Agreement. The Vienna Convention on Contracts for the International Sale of Goods is excluded.
18. Your Financial Information
Gaucho Belts does and will not store your financial information (credit / debit card details) on our server for future transactions or otherwise.
19. Product Specification
Many of our products are handmade and as a result some features and specifications may vary slightly from what is shown and described on our website and other sales material. This includes colours, stitching and sizes.
If any part of the Agreement is found to be invalid or unenforceable by a court, the rest is unaffected. Gaucho Belts may subcontract, assign or transfer its obligations or rights to a competent third party whether in whole or in part. You may not assign or transfer any of your obligations. All notices must be in writing (by hand, email, fax or 1st class post deemed delivered 48 hours after posting) and sent to a legal officer of either party.
21. You can find all current Gaucho Belts policies, Product and Service Offering details and notices via www.gauchobelts.co.uk. Those in place at the date of this Agreement govern this Agreement.
Here at Gaucho Belts we want you to be delighted every time you shop with us. Occasionally though, we know you may want to return items, so below is our returns policy. If any item of your order is damaged or not the item ordered we will replace the item, providing the product is returned to us within 7 days of delivery. This does not affect your statutory rights.
To Exchange a product
If upon receiving your order, you are dissatisfied for any reason whatsoever, please return your order in
it's original condition along with a note explaining the reason for return and your request for the new
product you would like exchanged.
Your card will be charged/refunded any difference in cost.
To return an item, please enclose a note giving the reason for the return along with your order number,
wrap the package securely and send the package to the address below. Please clearly mark the package as "Exchange - Returned Item".
Please ensure that the item is returned back to us in an unused condition unless faulty or damaged within 7 days of the date the item is delivered to you. For your protection we recommend that you use a recorded-delivery service. This returns policy does not affect your statutory rights. Any refunds will be made within 30 days from notification to us and in accordance to our terms and conditions.
To Cancel Your Order
If upon receiving your order, you are dissatisfied for any reason whatsoever, please return your order in it's original condition and we will reimburse you for the full value of your order, however postage is only refunded if the item is faulty. Please ensure that the item is returned back to us in its original condition unless it is delivered damaged, within 7 days of the date the item is delivered to you.
You should be aware that once we begin the delivery process, you will not be able to cancel any contract you have with us for services carried out by us (for example, postage and packing, banking charges and the administration and labour incurred).
Should any item be returned back to us in a condition which we deem has been used we will be unable to accept your request to cancel unless the item arrives damaged or it is proved to be faulty by our returns department.
To return an item, please enclose a note giving the reason for the return along with your order number, wrap the package securely and send the package to the address below:
For your protection we recommend that you use a recorded-delivery service. This returns policy does not affect your statutory rights. Any refunds will be made within 30 days from notification to us and in accordance to our terms and conditions. You are entitled to cancel any payment at any time where fraudulent use has been made of your credit or debit card by another person not acting on behalf of you or as your agent and to be re-credited by us to the extent that such sums are not reimbursed by the card issuer in such circumstances.