Terms and Conditions

Terms and Conditions for the Supply of Goods through the website gemmadawks.co.uk, of 11 Besbury Park, Minchinhampton, Glos, GL6 9EN. This service is operated by Gemma Dawks of Gemma Dawks Design (Gemma Dawks, Gemma Dawks Design and gemmadawks.co.uk each separately and together in this Agreement, “we”, “us” or “our”).

1. The Contract between you and us

We must receive payment in whole for the price of the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been received by sending an e-mail to you at the e-mail address you provide in your order form. This is not an Order Acceptance from Gemma Dawks Design. Our acceptance of your order takes place on the despatch to you of the products ordered unless we notify you that we do not accept your order or you have cancelled your order in accordance with clause 3. Our acceptance of your order brings into existence a legally binding contract between us. Only adults (persons aged 18 and over) are entitled to enter into legally binding contracts and as a result are the only people entitled to transact through this site. Any other individuals who are unable to perform legally binding contracts are prohibited from ordering goods using this site. If you do not qualify do not use this site.

2. Pricing, Delivery and Discount Codes:

2.1 The prices payable for goods that you order are as set out in our website. 2.1.1 All of our prices are in UK Sterling. You will be billed in UK Pounds.

2.2 You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.

2.3 Promotional discount codes: We may from time to time offer promotional discount codes (either directly or via third parties) which may apply in respect of any, or certain specified, purchases made though this Website. Such codes may only be applied to purchases of full-price items and cannot be used in conjunction with any other offer or discounts.

3. Right for you to cancel your contract

3.1 Subject to 3.3 below, you may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.

3.2 To cancel your contract you must notify us by e-mail at contact@gemmadawks.co.uk or telephone us on 07922 167162.

3.3 Your right to cancel your contract with us for the goods you have ordered is subject to:
a) The item(s) have not been damaged in any way.
b) You not having removed any tags from the item(s).
c) You calling or emailing us within 7 days of receiving your goods and receiving a ‘Returns Authorisation number’.
d) The item(s) cannot be a Bespoke or Special Order, which due to their unique nature, cannot be exchanged or returned under any circumstances.

3.4 Once you have notified us that you are cancelling your contract, any sum debited from your credit, debit card or paypal account will be credited to your account as soon as possible after receiving the goods and in any event within 30 days of your order PROVIDED THAT the goods in question have been returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.

4. Cancellation by us

4.1 We reserve the right to cancel the contract between you and us if:
4.1.1 we have insufficient stock to deliver the goods you have ordered;
4.1.2 we do not deliver to your area; or
4.1.3 one or more of the items you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

4.2 If we do cancel your contract we will notify you by e-mail or by telephone, and will re-credit to your account any sum deducted by us from credit, debit card or paypal account as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

5. Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent by e-mail to our contact address at contact@gemmadawks.co.uk and all notices from us to you will be displayed on our website from time to time.

6. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

7. Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.

8. Third Party

8.1: Third Party Rights: Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

8.2 Third Party links: We may include hyperlinks on this Site to other websites or resources operated by parties other than Gemma Dawks Design, including advertisers.  Gemma Dawks Design has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

9. Governing Law

Each and every transaction carried out is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English Law. The terms of this charter (and any dispute, controversy, proceedings or claims of whatever nature in relation to them) shall be governed and interpreted in accordance with English Law and the English Courts shall have exclusive jurisdiction in relation thereto.

10. Entire Agreement

10.1 These terms and conditions, together with our current website prices, delivery information, contact details, returns policy and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

10.2 We make no representations or warranties about the accuracy completeness or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors.

11. Trade Marks

Gemma Dawks of Gemma Dawks Design is the operator of gemmadawks.co.uk. All trademarks, product names and company names or logos sited herein are the property of their respective owners. No permission is given by us in respect of the use of any such brand names, photographs, product names or titles or copyrights and such use may constitute an infringement of the owners’ rights.

12. Events Beyond our Control

We will not be in breach of this Agreement or otherwise liable for any delay in performance if to the extent that any delay or failure is due to circumstances beyond its reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

13. Our rights

We reserve the right to change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.