Red Gorilla Terms & Conditions
The following pages (together with the documents referred to in them) are here to tell you the terms and conditions on which we supply and sell any of the products (“Products”) listed on our website www.redgorilla.red (“Website”) to you and your company how we run the Website and treat the personal information which you provide us with (the “Terms and Conditions”).
Please read these Terms and Conditions carefully before ordering any Products from the Website. You should understand that by ordering any of our Products or using the website in any way you agree to these Terms and Conditions.
We reserve the right to change the contents of this Website, including prices, including these Terms and Conditions, at any time without notice by posting such changes on the Website. It is your responsibility to familiarise yourself with the Terms and Conditions regularly to ensure that you are aware of any changes. Your use of the Website after a change has been posted will signify your acceptance of the modified Terms and Conditions.
As a trade member, you should print a copy of these terms & conditions for reference.
Please click on the button “Checkout” at the Basket section of the Website before placing your order with us if you accept the terms & conditions. Please understand that if you refuse to accept these Terms and Conditions, you will not be able to order any Products from our Website.
Content
1 Company information
1.1 The website is operated by Faulks & Cox Limited (We/us) trading as Red Gorilla International. We are registered in England under company number and with our registered office and our main trading address at 21 Moat Way, Barwell, Leicestershire LE9 8EY. Our VAT number is 585 3898 75.
2 Trademarks, Registered & Copyright
2.1 All copyright and other intellectual property rights relating to this Website and its content including images, text and any other material are owned or registered by Faulks & Cox Ltd.
2.2 You may view, download for caching purposes only, and print pages from the Website for your own personal use, or Trade business use, subject to the following, and only under strict permission in writing (email or Fax) from Faulks & Cox Ltd.
Subject to the following restrictions:
- material from the Website is not republished without the permission of in any form or part, sold or sub-licensed;
- the material is not reproduced, duplicated, copied or otherwise exploited for a commercial purpose;
- the material is not edited;
- the material is not redistributed, except for material specifically and expressly noted for distribution or marketing efforts.
2.3 For the purposes of this clause Materials shall include but are not limited to, the design, layout, look, appearance, graphics, images and documents on the Website, as well as other content such as articles and other text.
2.4 You may not link to this Website from another website unless you comply with the following guidelines: •links must be to the homepage of the Website; •you may not create a frame or any other border around the Website; •the site from which you wish to link must comply with all relevant laws and regulations [and must not contain content which may be considered to be distasteful or offensive]; and •you must not imply that we endorse or are associated with any other website, product or service.
2.5 If you wish to become part of our affiliate program, or link this website to your website, please contact sales@redgorilla.red FAO marketing. You do not have consent until given to create/distribute or duplicate any internet/print or any media of any sort to advertise, publicise or promote Faulks & Cox Ltd's efforts, products or services.
3 Disclaimer of content
3.1 Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the information on this Website, it is provided on an “as is” basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of this Website. Further, no warranty is given that the Website shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.
3.2 Access to and use of this Website is at the user’s own risk and we do not warrant that the use of this Website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses, or any losses of any cause that will arise from the website, due to fraudulent or malicious attacks or theft of details. You are recommended to take all appropriate safeguards before downloading information or images from the Website.
3.3 The information contained in the Website has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself prior to ordering any Products from us that they are suitable for your purposes.
3.4 Any advice given on this Website is for guidance purposes only. Any such advice should not be relied upon or used as a substitute for professional advice on your specific requirements.
3.5 Subject to clause 3.6 in section A below, we shall not be liable to you for any of the following (whether or not we were advised of, or knew of, the possibility of such losses) whether arising from any claim arising out of or in connection with the use of the Website including without limitation under any tort including negligence, for breach of contract, for misrepresentation (other than fraudulent misrepresentation), intellectual property infringement, under any statute or otherwise:
3.5.1 any indirect, special or consequential losses;
3.5.2 in respect of losses or damages arising out of changes made to the content of this Website by unauthorised third parties;
3.5.3 any loss of business, data, profits, revenue, goodwill, use or anticipated savings; or
3.5.4 loss or damage to your, or any third party’s, data or records.
3.6 We do not seek to exclude or limit our liability to you for:
3.6.1 death or personal injury caused by our negligence;
3.6.2 fraud or fraudulent misrepresentation; 3.6.3 any liability arising under the Consumer Protection Act 1987; or
3.6.4 any matter for which it would be illegal for us to exclude, or attempt to exclude our liability.
3.7 Nothing on this Website shall exclude or limit our duties and liabilities under any applicable legislation or any conduct of business rules which we are bound to comply with.
3.8 Except as expressly provided in these Terms and Conditions we exclude all representations, conditions and warranties whether express or implied (by statute or otherwise) to the fullest extent permitted by law.
4 Use and access to the website
4.1 The information, service and Products on this Website are intended for use by residents of the UK only and are not aimed at or intended for use by residents of any other jurisdiction.
4.2 This Website is designed to be accessed through its principal product home pages and such other pages as we may decide. If you access the Website through individual pages directly, which are not designed for this purpose, you may not see important information which is relevant to a full understanding of our Products and services.
B Supply
1 Supply of our products through our website to the following terms and conditions apply to how we supply any products through our Website. Your statutory rights are not affected by any of these terms & conditions
1.1 The Website is only intended for use by people resident in the United Kingdom.
1.2 By placing an order through our Website you confirm that:
1.2.1 You are legally capable of entering into binding contracts;
1.2.2 You are at least 18 years old;
1.2.3 You are accessing the Website from the United Kingdom.
1.3 The prices for Products are inclusive of VAT but exclusive of delivery charges. This is exempt in the case of a trade user where VAT is added in the “basket” part of the site and will appear at checkout rather than in each individual product page. If a delivery charge applies to your Order this will be notified to you both during the transactional element of the ordering process and again in the order acknowledgement email that we send to you. Prices and delivery charges displayed are valid and effective only in the United Kingdom. Prices, Offers and Products are subject to availability and may change at any time prior to our despatching your Order and taking payment from you.
1.4 The placing of a Product on our Website is an invitation to accept offers for Products and is not an offer to sell at the listed price nor is it binding on us. We are under no obligation to accept your Order.
1.5 In the event that a Product you have ordered is listed at an incorrect price due to a typographical or listing error, we will notify you of the correct price in writing by email or fax before despatching your Order and taking payment from you, asking you to confirm you still wish to proceed with your Order at the new, correct price. Once we have received your confirmation we will then despatch your Order and take payment using the payment details you have provided us with, in line with clause 2.1.3 below. If you do not confirm that you wish to proceed with the Order within 7 days of the date of our price correction email, we will consider this as a withdrawal of your Order and we will delete your payment details from our system (see our Privacy Policy for further details about this).
1.6 We will take all reasonable care to ensure that all details, images and descriptions of Products are correct at the time that the information is first put onto our Website. However we cannot guarantee the accuracy of images portrayed on this Website. Colours of actual Products may differ from those in images and this is a product of our photographic process, and the way in which different computer monitors, mobile devices and electronic screens show these images.
2 Order Acceptance
2.1 Orders are submitted via the Website in the following way:
2.1.1 You must add the Product(s) you wish to purchase to your shopping cart by clicking “ADD TO CART" and then proceed to the Checkout.
2.1.2 If this is your first purchase on the Website you must first register with us and log in; if you already have an account with us you may enter your log in details to access your account.
2.1.3 Once logged in you must confirm you wish to make an Order and consent to the Terms and Conditions. You will then be asked to input your payment details.
2.1.4 We will then process the payment details you have given us to take payment for your Order and then send you an order acknowledgement email to confirm that we have received your Order. The order acknowledgment email is sent out automatically by us to the email address you register with us, in the rare case that this doesn’t happen, or you don’t receive this email, we will attempt to resend it under your request.
2.1.5 If for any reason we are unable to fulfil your Order, then all monies will be reimbursed within 30 days of taking the original payment, However if you are a trade member and have a prior payment agreement with Faulks & Cox Ltd, your monies will be reimbursed within the amount of days in this prior agreement.
2.1.6 You should check all emails for accuracy and let us know immediately if there are any errors. None of our emails constitute acceptance of your submitted Order. Your Order will be accepted by us when we despatch the Products to you. Title in the Products ordered will pass on delivery.
2.2 If there are any problems with your Order, you will be contacted by a member of our office team, between the hours of 9am to 5pm Mon-Fri (excluding bank holidays).
3 Prices and payment
3.1 Payment for all Products must be by credit or debit card. We accept payment with PayPal, Mastercard, UK Maestro, Visa, UK Solo, American Express, and we shall not acknowledge your Order until we receive authorisation of payment.
3.2 For payment by card, all credit and debit cardholders and bank/building society account holders respectively are subject to validation checks and authorisation. If the issuer of your payment card, refuses to, or does not for any reason authorise or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the Products which you have ordered as a result.
3.3 By providing the relevant information to us, you specifically authorise us to transmit or to obtain information about you from third parties from time to time, including but not limited to your name, address, telephone number, debit or credit card details, cheque details or credit reports, to authenticate your identity and delivery address for the Products, validate your payment card and obtain authorisations for your payments for Products. These details will not be transmitted, or obtained for any other purpose than stated above.
4 Delivery
4.1 Delivery is restricted to the United Kingdom. There may however be an additional delivery charge for deliveries to the Highlands and certain Islands. We aim to deliver Products to UK addresses, within five working days (subject to a maximum of 30 working days). If we cannot deliver within this time we will inform you in advance and provide you with an alternative date for delivery ("Revised Date"). If you reject the Revised Date your Order may be cancelled and we will make any refund which may be due to you. In no event shall we be liable for any damages or penalty for any delay in delivery.
4.2 All deliveries must be signed for. Before signing the delivery note, please ensure that the number of packages match the driver's paperwork and that the packages are undamaged. You should keep your delivery note and all packaging and should notify our office team immediately if any of the packages are missing or damaged. PLEASE check carefully inside packages for handles, spares, all other products ordered, as they may come part assembled, or split into several packages.
5. Your Right to cancel
5.1 You may cancel your Order for the purchase of Products at any stage before, and up to 14 days after, the Products are delivered to you by notifying us in writing (which includes fax and email) at our address. It is your responsibility to return the Products to us in original condition so that we receive the Products within fourteen working days after the date of delivery. If you are cancelling because of any problem with the Products following delivery, please notify us of the problem at the time of cancellation and please refer to clause 7 below.
5.2 If you cancel prior to delivery of the Products we will make a refund to you for the full value of the payment made to us.
5.3 If you cancel your purchase of Products on a "no-fault" basis under your right set out in clause 5.1 above, then you must return the Products to us in accordance with our Returns Policy and you are responsible for the cost of their return to us. The Products should be returned to us unworn and in their original condition.
6. Returns Policy
6.1 Please ensure that you protect any products from becoming worn or used. On cancellation for whatever reason you must follow our returns procedures (set out below) and return to us the Products we have delivered to you in accordance with these procedures.
6.2 In all circumstances you must firstly contact us by email or by post at sales@redgorilla.red, or Website Returns, Faulks & Cox Ltd, 21 Moat Way, Barwell, Leicestershire LE9 8EY, or telephone 01455 84 184. If you contact us by telephone you will need to follow this up with confirmation to us in writing either by email or post.
6.3 Where you wish to return Products to us, our customer services team will give you a "returns authorisation number", which will be sent to the email address you registered with us, following your communication with us further to clause 6.2 above. You should include this number on your returns note and send it back with your Products. The returns authorisation number is important as it enables us to refund your payment and deal with your returned Products quickly.
6.4 If the Products are defective, incorrect or damaged on delivery we will reimburse your reasonable costs of return (up to the value it would have cost to return the Products using Royal Mail standard service) and (at your option) replace the products (where the same or equivalent products are available) or refund you for the price paid including the delivery charges of any such Products provided that the Products are complete and in "as delivered" condition as supplied in the original packaging. We recommend that returns are sent via Royal Mail standard service and you must always obtain a certificate of posting.
6.5 It is your responsibility to arrange collection of any unauthorised returns from our premises, for example Products which have been returned
because they were defective but which are subsequently found not to be defective; accordingly we reserve the right to return these Products to you at your cost. Such product will be held for a period of six months after which time the product will be destroyed if you have not made the appropriate arrangements for the goods to be returned to you.
6.6 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, we may have a right of action against you for compensation.
6.7 If you are not completely happy with the purchase you have made, for any reason at all, then you may return the Product(s) within 28 days of receiving the Products for a full refund of the price of the Product(s). To qualify for a refund, the Product must be returned within 28 days of you receiving the Product(s) and in its original condition. Please return the Product(s) with the original packaging we used to send it to you to ensure that the Product(s) is not damaged during transit. Subject to clause 6.4 you shall be responsible for the cost of return to us.
6.8 If you would like to return the Products yourself you can take them to our trading address 21 Moat Way, Barwell, Leicestershire, LE9 8EY. You will only be able to return Products to our store provided that you have complied with all provisions of these Terms and Conditions and have taken with you to the trading address a copy of your original Delivery Note and the actual payment card used to purchase the Products.
7 Refunds
7.1 Where you paid for Products by payment card, refunds will be made by re-crediting your payment card account from which the money was originally debited.
7.2 All refunds will be made within 30 working days either:
7.2.1 (where Products have not yet been delivered to you) of our confirmation in writing to you that your order has been cancelled; or
7.2.2 (where Products have been delivered to you) of the return of the Products to us.
8 Liability for products delivered
8.2 We will not be responsible for:
8.2.1 any business loss including loss of: •income or revenue; •profits or contracts; •anticipated savings; •data; •goodwill; or •wasted expenditure, for example management or office time. Or
8.2.2 any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Website or when a contract for the sale of goods by us to you was formed.
8.3 Notwithstanding clauses 10.1, we do not limit in any way our liability:
8.3.1 For death or personal injury caused by our negligence;
8.3.2 Under section 2(3) of the Consumer Protection Act 1987;
8.3.3 For fraud or fraudulent misrepresentation; or
8.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9. Special offers
9.1 We may from time to time run special offers.
10. Data protection
10.1 We will treat all your personal information that we collect in connection with your Order in accordance with the terms of our Privacy Policy.
11 Notices
11.1 All notices given by you to us must be given to us at Faulks & Cox Ltd, 21 Moat Way, Barwell, Leicestershire, LE9 8EY or by email. We may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email 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 email, that such email was sent to the specified email address of the addressee.
12 Variation
12.1 You will be subject to the policies and Terms and Conditions in force at the time that you order Products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to Orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we take payment from you and despatch your Order to you (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
13 Complaints policy
13.1 In the event that we fail in meeting our high standards of customer services please do not hesitate to contact us via email or by post to: Faulks & Cox Ltd, 21 Moat Way, Barwell, Leicestershire, LE9 8EY Tel: 01455 848 184 email: sales@redgorilla.red. We aim to acknowledge your communication and to start our investigations within five working days following our receipt of it. We will do our very best to deal with your complaint as soon as possible and make every effort to reach a satisfactory conclusion on your behalf in order to retain your valued custom.
14 Law and Jurisdiction
14.1 These Terms and Conditions are governed by English law and only the English courts will have exclusive jurisdiction with respect to any dispute arising under or in relation to them.
Terms of Business
(Should only apply to Trade customers)
The Faulks & Cox Ltd Terms of Business.
Invoices are payable 30 days from the date of invoice. Trade Prices are net and do not include VAT. This will be added at checkout.
Goods will remain the property of the seller, Faulks & Cox Ltd. until paid for in full. Notwithstanding, the risk in the goods shall pass to the buyer on delivery. Placing an order confirms that customers have read and agreed to these terms.
These terms apply to any order placed by a buyer to the exclusion of the buyer’s own Terms and Conditions and shall be deemed to have been delivered first and last in time.
Order Process
Please place orders on your company letterhead by fax, email (sales@redgorilla.red) or surface mail. If you require assistance to complete an order, please call our sales team who will be happy to help.
Carriage
Trade Orders of £250 ex VAT and over, are sent on a 3-day carriage paid basis on the UK Mainland, except for Northern Scotland. For carriage under £250, Overnight, Northern Scotland and Offshore please ring for a quote.
Booking-In Fees
Our carriers charge us booking-in fees. If you require deliveries booking in we must pass this cost on. Current cost is £10.00 per consignment, although this is subject to change without notice.
Carriage Claims
No claim can be allowed unless made to Faulks & Cox Ltd within 10 days of invoice. Please ensure your Goods Inward Department do not sign delivery documents “clear” unless they have actually checked the contents of the consignment. Carrier drivers are not authorised to alter these conditions. Our carriers will not entertain claims that have been signed “clear”.
Payment Details
Cheques payable to: Faulks & Cox Ltd.
