- These are the only terms and conditions upon which we agree to contract with you and no alteration of these terms and conditions shall be valid unless previously agreed in writing.
- By ordering with us, or by using this website (and other Gorilla Racking channels) you agree to be bound by these terms.
- A contract is formed between us when (and not before) we notify you by e-mail, first class post or facsimile that your order has been accepted. Your order will not be accepted until we receive authorisation of your credit card payment or your cheque has been cleared or we have agreed credit account terms with you (for trade customers only). We will not accept orders from you if your address is not within the United Kingdom without prior consent. You may not cancel or vary your order or delivery once it has been accepted without confirmation from our customer services team.
- In respect to any contract entered into between us, no other party shall have the right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of the contract but this does not effect any right or remedy of a third party which exists or is available apart from that Act.
- If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby.
- The contract formed by our acceptance of your order shall be governed by the laws of England and you agree to submit to the non-exclusive jurisdiction of the English Courts.
- We reserve the right to vary these terms and conditions at any time but, in respect of any ordered goods, the terms and conditions which apply shall be those which you accepted when you placed your order.
- If any ordered goods are not readily available to us, we reserve the right to withdraw our acceptance of your order for such goods and to refund in full any payment you have made for them. For the avoidance of doubt other goods ordered by you will be despatched in the normal way.
- Any communication between us shall be by e-mail or first class post to our current e-mail or postal address (as given on this website at the time of such communication) or the e-mail or postal address given in your order form (or any new e-mail or postal address which you may have notified to us).
- When communicating with us via any other means (including telephone, or through other communications channels such as social media) we may ask that you confirm information via e-mail or first class post to maintain a written record of the situation.
- Any typographical, clerical or other error or omission in any sales literature, website based information, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.
- Our employees or agents are not authorised to make any representations concerning the ordered goods unless confirmed by us in writing. In entering into the contract you acknowledge that you do not rely on, and waive any claim for breach of any such representations, which are not so confirmed.
- Gorilla Racking is not liable for any content created for us, or shared by us, from any third party (including sponsored athletes, brand ambassadors, outside notables, or influencers).
- No drawings, illustrations or descriptions or any other information submitted or contained in this website, catalogues or other advertising matter shall be deemed to form part of the contract but are for general information and guidance only.
- We shall be under no liability in respect of any defect in the ordered goods arising from any drawing, design or specification supplied by you.
- Information on this website may be incomplete, out of date, or inaccurate and may contain technical inaccuracies, or typographical errors.
- Information may be changed and updated without notice. Gorilla Racking may also make improvements and/or changes in the products described in this information at any time without notice
- INFORMATION ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ALL SUCH WARRANTIES ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. HOWEVER THIS WEBSITE IS INTENDED FOR USE BY U.K RESIDENTS ONLY.
- By using our website you confirm that you are at least 16 years of age and legally capable of entering into binding contracts.
- The personal information provided by you at any stage of use of this website is guaranteed by you that it is true and accurate in all respects (including that you are not impersonating any other person or entity) and is as up to date as possible.
- If there are any changes to personal information supplied by you, or if any errors need correcting, you will inform us immediately via e-mail or by calling our customer service team on the contact information provided on this website.
- By using this website, and other brand communications channels, you consent to the processing of your information and guarantee that all information provided is accurate and up to date.
- This website may only be used for lawful purposes and in a lawful manner, and by using it you are agreeing to comply with all applicable laws, statutes and regulations regarding the website and its use.
- You agree not to:
- Upload or transmit any viruses, Trojan horses, worms or anything else designed to interfere, interrupt or disrupt the normal operating efficiencies of a computer.
- Upload or transmit any material that is offensive, obscene or defamatory.
- Attempt to gain unauthorised access to our site, server, or any connected sites, servers or databases.
- Any such incidents would be a criminal offence and as such we would report any such breach to the relevant authorities, cooperating fully and disclosing any relevant information to them. In such a case your right to use our website would immediately cease.
THIRD PARTY LINKS
- Although we do everything we can to ensure we include only quality, safe and relevant external links, users are advised to adopt a policy of caution before clicking any external links. Users should note that clicking on any third party or external links is done at their own risk, and website and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.
- Gorilla Racking Ltd makes no representations whatsoever about any other website which you may access through this one. When you access a website which does not belong to Gorilla Racking Ltd, please understand that it is independent from Gorilla Racking Ltd, and that Gorilla Racking Ltd has no control over the contents of that website. In addition, a link to a non-Gorilla Racking Ltd website does not mean that Gorilla Racking Ltd endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
- IN NO EVENT WILL GORILLA RACKING LTD BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE OR ON ANY OTHER HYPER-LINKED WEBSITE INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF GNOC LTD IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- All orders are subject to acceptance and availability; if any ordered goods are not available for any reason then we will contact you directly for discussion of further options:
- To wait until the items are back in stock, where we have a firm idea of when the items will be available.
- To amend the order to a similar, available product of equal or greater value (where items are of lesser value we will refund the difference).
- To cancel the order for a full refund.
- We reserve the right to reject any order at any time. Any automated acknowledgement of your order will not be treated as our acceptance of the order.
- Goods will be dispatched once we have received full payment (unless otherwise specified) for all items. Dispatch will occur during office hours (Mon – Fri 09:00 – 16:00. Once items have been dispatched you will receive confirmation, this is the conclusion of our contract.
- As a consumer you have 14 days in which to cancel a contract of any order, subject to our returns policy, providing that the items are unused and unopened. The cost of returning these items will be covered by you, the consumer, and any refunds will be processed once the items have returned to us and we have inspected the condition of return.
- Cancellation of an order before receipt of delivery is only possible before the items have been processed by us; once we have processed an order and organised collection by our courier we are unable to stop shipment in any circumstance. Although we will try to catch all cancellation requests that are given within a reasonable time frame, we are not able to do this in every case due to the high efficiency of our warehouse team. If you have ordered an item accidentally, or have changed your mind, and we are not able to cancel this for you before the items leaves our warehouse, then you will need to return the items to us as per our Returns Policy.
PRICE AND PAYMENT
- The [total] price of the ordered goods shall be as set out in the on-line order form and includes postage, packing and value added tax (if applicable). All payments must be in pounds Sterling unless other agreed made on a case by case basis.
- All credit accounts are granted subject to the approval of trade and bank references by us. Trade customers should contact us at our address as set out at the end of these terms and conditions if they wish to apply for a credit account. We do not grant credit accounts to a party contracting as a consumer.
- Where we have provided credit, if you fail to make any payment on the due date then, without prejudice to any other right or remedy available we shall be entitled to:
- cancel the contract or suspend any further deliveries to you at our complete discretion;
- appropriate any payment made by you to such of the ordered goods (or the goods supplied under any other contract between us) as we may think fit (notwithstanding any purported appropriation by you); and
- charge you interest (both before and after any judgement) on the amount unpaid, at the rate of 5 per cent per annum, above Barclays Bank base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest); and
- charge you debt collection and/or legal expenses for recovery thereof upon a full indemnity basis; and
- charge you £10.00 for each unpaid cheque submitted by you to us in addition to and without prejudice to any other claim.
- Where we have provided credit then notwithstanding delivery and the passing of risk in the ordered goods, or any other provision of these terms and conditions, the property in the ordered goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the ordered goods and all other goods agreed to be sold by us to you for which payment is then due.
- Until such time as the property in the ordered goods passes to you, you shall hold such goods as our fiduciary agent and bailee, and shall keep the ordered goods separate from those of your own and third parties and properly stored, protected and insured and identified as our property. Until that time you shall be entitled to resell or use the ordered goods in the ordinary course of your business, but shall account to us for the proceeds of sale or otherwise of the goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any moneys or property of your own and third parties and, in the case of tangible proceeds, property stored, protected and insured.
- Until such time as the property in the ordered goods passes to you (and provided such goods are still in existence and have not been resold), we shall be entitled at any time to require you to deliver up the ordered goods to us and, if you fail to do so forthwith, to enter upon any premises of yours or any third party where such goods are stored and repossess said goods and to dismantle the same (without being liable for any damage caused by so doing).
- You shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the ordered goods, which remain our property, but if you do so all moneys owing by you to us shall (without prejudice to any other right or remedy of ours) forthwith become due and payable.
- You shall if we so require assign to us any right of action against the third party in respect of moneys due for such ordered goods.
- Where we have provided credit we shall be under no liability under any warranty, condition or guarantee (if any) if the total price for the ordered goods has not been paid by the due date for payment.
- This clause applies if having been provided with credit facilities by us:
- you make any voluntary arrangement with your creditors or become subject to an administration order or (being an individual or firm) become bankrupt or (being a company) go into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
- an encumbrancer takes possession, or a receiver is appointed, over any of the property or assets of yours; or
- you cease, or threaten to cease, to carry on business; or
- we reasonably understand that any of the events mentioned above are about to occur in relation to you and notify you accordingly.
- If this applies then, without prejudice to any other right of remedy available to us, we shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to us, and if the ordered goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
- You agree not to offer ordered goods for resale either within or outside the United Kingdom and you shall indemnify us in full for all losses, damages, costs and expenses which we may suffer or incur if you breach this term unless a prior distribution arrangement is agreed with us.
- The ordered goods will be delivered to the address entered by you on the on-line order form, which must be within the United Kingdom. Ordered goods will normally be delivered within 72 hours of your order being shipped, goods are shipped 1 working day after order, unless otherwise notified to you by us. However, time for delivery shall not be of the essence and we shall not be liable for any delay in delivery. If we fail to despatch any ordered goods within 60 days of accepting your order (or, in the case of special orders, any longer period which we may have notified to you), we shall refund in full your payment (or cancel the equivalent liability on a credit account) in respect of such goods. Ordered goods may also be made available for collection at our premises if we agree this with you.
- We use third party couriers to fulfill our deliveries, as such the circumstances of those deliveries are set by our partners and their standard practice. As standard, a delivery is considered as complete once the courier has delivered the items to the address. Couriers will not be liable to bring the items inside the premises. In the case of deliveries where the customer is not present, items may be left in a safe location and signed for by the courier, in these circumstances the items are considered delivered.
- Risk of damage to, or loss of, ordered goods shall pass to you at the time the goods leave our premises for delivery.
- If you fail to take delivery of the ordered goods or fail to give us adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control or by reason of our fault) then, without prejudice to any other right or remedy available to us, we may:
- store the ordered goods until actual delivery and charge you for the reasonable costs (including insurance) of storage; or
- sell the ordered goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the contract or charge you for any shortfall below the price under the contract.
- Where the ordered goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by us to deliver any one or more of the instalments in accordance with these terms and conditions or any claim by you in respect of any one or more instalments shall not entitle you to treat the contract as a whole as repudiated.
- We warrant that, at the time of delivery, the ordered goods will, subject as hereinafter provided, correspond with the description on this website, will be free from defects in materials and workmanship and will be of satisfactory quality (within the meaning of the Sale and Supply of Goods Act 1994). There may, however, be minor variations between the goods as shown or described on our website and those despatched to you (but so that the goods despatched will always be of a comparable or superior quality).
- Where the ordered goods are sold to you contracting as a consumer unless otherwise notified to you by us, our returns policy is as follows. If you are not entirely satisfied with any ordered goods, we will refund your payment for such goods [after deducting a 15% administration charge] subject to (a) you despatching such goods back to us, at your cost and with proof of posting, within 14 days of delivery to you and (b) our receiving the goods back unused and in undamaged condition. Risk of damage to, or loss of, such goods shall pass to us at the time of delivery to us.
- Any claim by you that any ordered goods fail to correspond with the description on this website or that they are defective or not of satisfactory quality, must be notified to us by e-mail or letter within 7 days from the date of delivery or, where this was not apparent on reasonable inspection, within 7 days after discovery or 14 days after despatch by us, whichever is the earlier. If delivery is not refused, or you do not notify us accordingly, we shall have no liability for such failure or defect.
- We shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instruction (whether oral or in writing), misuse or alteration or repair of the ordered goods without our approval.
- If you make a valid claim we shall replace the ordered goods in question free of charge or, at our sole discretion, refund in full the payment made in respect of such goods, but we shall have no further liability for such failure or defect. Such replacement or refund is conditional upon the ordered goods in question having been returned to us.
- Except in the case of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation or any implied warranty, condition or other term, or any duty at common law or under these terms and conditions, for any special, indirect or consequential damage.
- Subject as expressly provided in these terms and conditions, and except where the ordered goods are sold to you contracting as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
- Gorilla Racking is protected by copyright, trademarks and other intellectual property rights, and does not allow the use of any brand marks, images, written content or communication of any kind to be reproduced or reengineered in any way.
- You may retrieve and display the content of this website on a computer screen, or print one such copy of such content for your own non-commercial use, provided or intellectual property rights are recognised.
- You may not, in any way, use any Pro Nutrition materials contained on this website or any other communications channel for your own commercial use.
- If you submit a review of Gorilla Racking, our service or products, to any online site you grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use. We may reproduce, amend, publish and distribute this content as we see fit throughout the world in any form, and in any media.
- Any competition run by Gorilla Racking on our website, social media or any other communication channel will be subject to these terms and conditions unless otherwise specified.
- By entering the competition all entrants will have been deemed to have read and understood these terms, and are confirming that they are at least 18 years of age and legally capable of entering into binding contracts.
- No employees of Gorilla Racking Ltd, affiliated brands and companies, or any other person directly connected with any organisation supporting the competition may participate.
- Competitions are only open to UK residents.
- All entrants must be over 18 years of age, unless another age restriction is specified. Anyone entering below the age of 18 must have the permission of a parent or guardian in advance of entering the competition.
- All entries must be received by us by the specified closing date of the competition.
- We reserve the right to disqualify, without notice, any entries to any competition which we consider to be improper, inappropriate, fraudulent, against our guidelines, or against the spirit of the competition.
- Any decisions will be final, and no correspondence will be entered into.
- If, for any reason, an advertised prize is unavailable, we reserve the right to substitute a similar prize of similar or greater value. This is at our discretion.
- Prizes are not transferable, and there will be no alternative or cash offered to any specified prize.
- Winners will be chosen at random by us, unless otherwise specified, after the closing date.
- Winners will be notified as soon as possible after the decision has been made.
- If we are unable to contact the winner after three attempts, or if the winner is unable to take up a prize for any reason, then we may dispose of the prize, or reallocate the prize to another entrant at our discretion.
- Please allow 30 days for the delivery of all prizes.
- The names of winners may be published on our website and social media channels.
- Prizes cannot be exchanged, refunded or transferred.
- We reserve the right to amend these terms without notice if necessary.
- Any discounts or special offers made on this website will be subject to these terms and conditions unless otherwise specified.
- We reserve the right to amend the terms and conditions of offers and discounts at any time.
- All discounts will be applied at checkout, excluding free gifts and promotional items, with terms of that discount stated in the promotion.
- Discounts and offers cannot be used in conjunction with any other discount or offer. Only one code can be used per basket.
- All codes or vouchers must be used within 30 days, unless otherwise stated in the promotion.
- For any multi-buy offers (for example 3 for the price of 2) the discount will apply to the cheapest item.