Terms of service
OVERVIEW
This website is operated by Gower Home. Throughout the site, the terms “we”, “us” and “our” refer to Gower Home. Gower Home offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - PRODUCT MARKETING
4.1 All Intellectual Property Rights (including the Sellers Images) in or arising out of or in connection with the supply of the Goods, or otherwise made available to the Buyer by the Seller relating to the Seller’s business, shall be owned by the Seller.
4.2 The Seller does not permit any Buyer to sell, advertise or promote any of the Seller’s Goods on eBay, Amazon, Etsy and other Multi Retailer selling websites without the prior written consent of the Seller. Buyers found to be selling, advertising or promoting the Sellers Goods on eBay, Amazon, Etsy and other Multi Retailer selling websites or using the Seller’s imagery on Social Media will have their account closed.
4.3 The Buyer is not permitted to encourage the sale of the Seller’s Goods in a manner that could be considered to negatively impact or damage the reputation of the Seller, or its Goods.
4.4 All Buyers selling returned, damaged or imperfect Goods of the Seller, whether via a clearance section of their retail store or website or other any other section, must clearly state the Goods are returned, damaged or imperfect on the product category page as well as the individual product page or other advertising and marketing media.
4.5 The extent to which the Seller’s Goods are presented in the Buyer’s retail store or on the website of the Buyer must be proportional to the current and reasonably predicted business volumes between the Buyer and the Seller.
4.6 If the Seller does not reasonably believe that a Buyer can properly market, merchandise or retail some or all Goods then the Seller may decide to not sell some or all Goods to the Buyer. Similarly, the Seller requires the Buyer to invest time, effort and money in promoting, merchandising and advertising the Sellers products either in store or online or both. During the process of opening a new trade account or at the time of reviewing an existing trade account the Seller may require some reasonable information and data on planned marketing spend and reserves the right to follow this review up at a later date to verify such planned spend has occurred as planned.
4.7 The Seller utilises a range of photographic images to promote its Goods to its Buyers. The Seller owns and retains the images and the copyright in all of its images including product images, lifestyle images and other images featuring the Seller’s Goods. The Seller may enter into a separate written image contract with a Buyer to allow that Buyer to retail a specific range of Goods for a specific length of time using certain of the Seller’s photographic images provided always that such image contract must be in writing and be signed and dated by the Seller and the Buyer.
SECTION 5 - PRICING AND PAYMENT
5.1 The Price that the Buyer agrees to pay the Seller for the Goods shall be that in the Seller’s current List Price, or such other Price as the parties may agree in writing. The Seller reserves the right to change prices at any time;
5.2 Credit accounts: Payment of the Price and VAT and any other applicable costs shall be due and payable by the Buyer to the Seller within 30 days of the date of invoice supplied by the Seller, unless otherwise confirmed in writing to the Buyer by the Seller.
5.3 Proforma accounts: Payment of the Price and VAT and any other applicable costs shall be due and payable by the Buyer to the Seller at time of order submission. Any items not paid for within a 5 working day period may be subject to cancellation without notification to the Buyer.
5.4 In the event it is deemed necessary to pass overdue accounts onto the Seller’s designated collection agent, all related charges and interest will be added to the outstanding debt. Interest on overdue invoices shall accrue from the date when payment for the Goods becomes due until the date of actual payment at a rate of 3.00% per annum above the base rate of National Westminster Bank PLC from time to time in force.
5.5 If payment is made by cheque and returned by the bank unpaid, a £25 administration charge will be added to the outstanding debt and immediate payment will be required by an alternative method. Should this not be available, the Seller reserves the right to cancel the order. If a cheque payment is returned by the bank on 3 or more occasions, the Seller reserves the right to refuse further payments by the same method.
5.6 All overseas orders placed for delivery to a freight forwarding service address will be charged VAT. If the relevant shipping documents are received by the Seller within 3 months of confirmed delivery the VAT amount will be refunded in full.
SECTION 6 - THE GOODS
6.1 The quantity and description of the Goods shall be as set out in the Buyer’s Purchase Order.
6.2 The Goods shall be required only to conform in all material respects to the specification on the Buyer’s Purchase Order. Every reasonable care has been taken to ensure that reproductions are accurate. Due to the nature of the Goods and their manufacture often being handmade from natural materials, there may be variations in materials, colour, size and finish. Photographs or other descriptions of the Goods issued by the Seller in any form are for illustrative purposes only and do not form part of this Contract.
6.3 Sizes and dimensions provided are approximate only and may vary according to manufacturing tolerances.
6.4 All goods supplied are intended to be used and are tested to UK standards for domestic use, unless otherwise specified and requested. All goods are covered by a standard manufacturers warranty for UK domestic use.
SECTION 7 – DELIVERY OF THE GOODS
6.1 Unless otherwise agreed, delivery of the Goods shall take place at the address specified in the Buyer’s Purchase Order on the Delivery Date and the Buyer shall be deemed to have accepted the Goods upon their delivery. The Buyer shall at its own cost make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.2 The Seller is able to arrange for delivery of its Goods to the Buyer using a variety of methods and prices. The pricing and terms of these delivery methods are provided on the website of the Seller and are available from the Sellers Customer Care Team. These may be updated from time to time and the prevailing methods are those existing at the date the Buyer’s Purchase Order is accepted by the Seller and are defined as the Sellers ‘Delivery Terms’. Any Order placed by the Buyer for Goods will be subject to the Seller’s Delivery Terms and these will be confirmed prior to the Buyers Order being accepted by the Seller. All Delivery Terms are subject to change without prior notification and are fully explained and detailed on the Seller’s Website and are part of these Terms & Conditions.
7.3 The Delivery Date specified by the Seller is an estimate only. Time for delivery shall not be of the essence.
7.4 If the Seller is unable to deliver the Goods at the request of or due to the default of the Buyer, the Seller shall be entitled to place the Goods in storage until such time as the delivery may be effected, and the Buyer shall be liable for any expense associated with such storage and redelivery, if applicable.
7.5 Risk shall pass on delivery of the Goods to the Buyer.
7.6 The Seller may deliver the Goods by instalments, which shall be invoiced and paid for separately. Any delay in delivery or defect in an instalment shall not entitle the Buyer to cancel any other instalment.
7.7 Any defect in the Goods must be notified to the Seller in writing to info@gowerhome.co.uk and accompanied by photographic evidence, within 48 hrs of delivery;
7.8 All Goods must be returned at the Buyer’s cost to the Seller in their original packaging.
7.9 The Seller will not be held responsible for any damage incurred via a third party carrier/couriers including the Buyer’s own transport. The Buyer must inspect the Goods within 48 hrs of receipt (including Saturday and Sunday) and before any Goods are delivered to the Buyer’s customer(s). It is recommended that the Buyer ensures any transport companies, collecting or delivering on the Buyer’s behalf, have the appropriate insurance in place.
7.10 Failed deliveries due to the fault of the Buyer shall incur a collection and 25% restocking fee which shall be deducted from any sum due to the Buyer from the Seller or otherwise payable by the Buyer within 14 days of the days of the date of the Seller’s invoice for such fee.
7.11 The Seller the right to charge for “re-delivery” to cover additional costs incurred.
SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy: Refund Policy
SECTION 9 - MADE TO ORDER PRODUCTS
Any ‘Made to Order’ Goods specified in the Buyer’s Purchase Order will be confirmed in writing by the Seller. If the Seller does not receive a written response from the Buyer within 2 working days of receipt of the order confirmation stating that the order is incorrect, the Buyer shall be liable for payment of the Goods, unless otherwise specified by the Seller.
SECTION 10 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 11 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
12 LIMITATION OF LIABILITY
12.1 Subject to clause 13, the remedies of the Buyer for any breach of these Terms and Conditions by the Seller; for any use made or resale by the Buyer of any of the Goods; or for any representation, statement or tortious act or omission including negligence arising under or in connection with a Contract shall be limited to a quantum of damages which shall in no circumstances exceed the Price of the Goods;
12.2 Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.
12.4 The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Seller or any party, whether in writing or at any time prior to the date of the Contract which is not set out in this Contract.
12.5 The Seller shall not be liable to the Buyer for any pure economic loss, loss of profit, loss of business, loss 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.
SECTION 13 - FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, shipping delays, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
SECTION 14 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 15 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: Privacy Policy
SECTION 15 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 16 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 17 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Gower Home, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Gower Home and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
20.1 Without limiting its other rights or remedies, the Seller may terminate a Contract with immediate effect by giving written notice to the Buyer if:
(a) the Buyer commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 10 days of that party being notified in writing to do so.
(b) the Buyer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction.
(c) the Buyer suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business.
(d) the Buyer’s financial position deteriorates to such an extent that in the Seller’s opinion the Buyer’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; or
(e) the Buyer’s actions or behaviour is deemed abusive or threatening in any communication with the Seller or in a manner which causes offence.
20.2 Without limiting its other rights or remedies, the Seller may suspend provision of the Goods under the Contract or any other contract between the Buyer and the Seller if the Buyer becomes subject to any of the events listed in clause 20.1(a) to clause 20.1(e), or the Seller reasonably believes that the Buyer is about to become subject to any of them, or if the Buyer fails to pay any amount due under any Contract on the due date for payment.
20.3 Without limiting its other rights or remedies, the Seller may terminate the Contract with immediate effect by giving written notice to the Buyer if the Buyer fails to pay any amount due under the Contract on the due date for payment and remains in default not less than 14 days after being notified in writing to make such payment.
20.4 On termination of the Contract for any reason the Buyer shall immediately pay to the Seller all of the Seller’s outstanding unpaid invoices and interest.
20.5 Termination of the Contract shall not affect any of the parties’ rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of this Contract that existed at or before the date of termination.
20.6 The Seller reserves the right to impose a cancellation fee of up to 25% of the total order value of any items expressly reserved or ordered at the Buyers request.
20.7 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
20.8 All Orders must be cancelled in writing via email to info@gowerhome.co.uk 72 hours prior to the agreed delivery date. Once the Goods have left the Seller, a 25% restocking fee will apply. Please see clause 7.10 confirming how this is charged by the Seller.
20.9 The Buyer may incur a collection and restocking fee for any items returned to stock at the Buyer’s request, such fee calculated in accordance with clause 20.8 above.
SECTION 21 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 22 - GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the Law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the Courts of England and Wales.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@gowerhome.co.uk.
Our contact information is posted below:
GOWER HOME
Brisco Williams
Gorseinon Road
Penllergaer
Swansea
SA4 9GG