General Terms and Conditions of Sale
In these conditions:
SELLER means Great Market Place LP
BUYER means the person to whom the Purchase order is addressed.
PRODUCT(S) means the Product(s) (including any instalment of the Product(s) or any parts of them and all relating documentation) and services which the Seller is to supply in accordance with these Terms and conditions of sale (later – “Terms and conditions/ Conditions”).
PURCHASE ORDER means a document issued by the Buyer to the Seller which constitutes the exclusive statement of the Buyer’s offer to the Seller to purchase Product(s).
This page tells you the Terms and conditions on which we supply any of the products listed on our website gm-place.com to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions.
At checkout, please click on the check box marked "I accept the gm-place.com terms and conditions" if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. Information about us
- gm-place.com is a site operated by Great Market Place LP (later – “the Seller/Great Market Place/We/Us/Our”).
- Company number: LP021301.
- Address: Suite 7007 128 Aldersgate Street, Barbican, London, England, EC1A 4AE.
2. Purchase order
- Purchase order constitutes the exclusive statement of the Buyer’s offer to Seller to purchase Products subject to these Conditions.
- These Conditions shall apply to the Purchase order to the exclusion of any additional or different terms and conditions stated by the Seller in any quotation, confirmation of order, specification or other document.
- Acceptance of the Purchase order by the Seller is strictly conditioned on acceptance of these Conditions.
- Purchase order shall be deemed to be accepted by a confirmation telephone call from the Seller or his Agents.
- The Buyer expressly agrees that Seller’s Invoice and these Conditions represent the complete agreement of the parties with respect to the sale of the Product(s) listed on the Invoice and no different or additional terms or conditions in Buyer’s Purchase order or in any other prior or subsequent communications in any way adding to, modifying or otherwise changing these Conditions shall be binding upon Seller.
3. How the contract is formed
- After placing a Purchase order, you will receive a call from us confirming that your order is being processed.
- All Purchase orders are subject to acceptance by a call (later – “the Confirmation”), at which stage the contract is formed. If we cannot fulfil your Purchase order for any reason, we will let you know as soon as possible and provide a full refund.
- We provide links to the websites of other companies. We are not responsible for the products or the service provided by third party companies (this disclaimer does not affect your statutory rights against that third party).
5. Consumer rights
- If you are contracting as a consumer, you may cancel a contract at any time within 14 calendar days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our Return Policy.
- To cancel a contract, you must contacts us. You must return the Product(s) to us as soon as possible in an unused, undamaged condition. You are responsible for paying the cost of returning the Product(s).
- Please note that 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. Availability and delivery
- Because we use a third-party delivery service, these times are estimates and not guarantees. UK weekends and Bank holidays are not classed as working days. However, please let us know if you do not receive your Purchase order in good time and we will look into the matter. Delivery times may be longer for certain products.
- Where a product is out of stock we will offer you a refund.
- All descriptions, product images and weights are those of the original manufacture and are intended to give a general description of the goods. The weight to be shipped includes the weight of packaging for the goods.
- Product images are for illustrative purposes only, and whilst representative of the product exact packaging detail may vary from time to time, subject to changes by the manufacturer. Equally, manufacturers occasionally change their recipes or item weight. Again, we strive to keep our pictures up to date but we do only use them for illustrative purposes. You will always receive the current product available to us at the time of your Purchase order.
7. Risk and title
- The Products will be at your risk from the time of delivery.
- Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products.
8. Price and payment
- The price for the Product(s) ordered shall be as stated on the Invoice.
- Prices include VAT and delivery costs.
- Prices are liable to change at any time, but changes will not affect orders which was Confirmed.
- If we have made a pricing error by displaying a lower price than the correct price, we will either contact you for instructions before dispatching the Product or reject your Purchase order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price.
- If we have incorrectly displayed a higher price, we will confirm the correct price and refund the difference to your card.
9. Return Policy
- The Buyer has 14 (Fourteen) days to inspect Product and notify Seller, in writing, of any defective Product(s) or other cause for rejection. The Buyer agrees that 14 (Fourteen) day period provides the Buyer a reasonable opportunity to inspect the Product(s). Such notification shall identify each and every reason for any rejection of the Product(s). Buyer’s failure to reject the Product(s) within such 14 (Fourteen) day period shall constitute a waiver of Buyer’s inspection right and an unqualified and irrevocable acceptance of the Product(s) by Buyer.
- In the event that defective/inappropriate Product(s) are delivered, the Seller should: (A) exchange the Product(s); (B) compensate the part of its value; (C) take the Product(s) back and refund the full price, including postage. The Buyer has the right to refuse the entire purchase/individual Product(s) and return its value within 14 days. The Seller returns money to the Buyer by wire or postal transfer within 14 days after receiving the Buyer’s refusal and the Product(s). To return or exchange an item, the Buyer should: (1) completely fill out the return form with all the requested information, attach: (2) the Product, (3) the Package, (4) a copy of the order form (description of the order), (5) a copy of the Receipt, and (6) send to the Seller's address specified in the refusal form. The Seller recommends insuring of the parcel for value of the Product(s).
- The Seller shall bear all risks and expenses for returning any rejected Product(s) or Product(s) requiring correction after notice of rejection including, but not limited to storage, freight, insurance, packing, materials and labor.
- Any order placed with and accepted by the Seller may be canceled by the Buyer only upon Seller’s approval in a writing signed by an officer of the Seller and upon terms that indemnify the Seller against any loss. The Seller may cancel all or any part of this order and discontinue its performance hereunder without liability to the Buyer in the event Buyer materially breaches this contract, becomes insolvent, is the subject to bankruptcy protection, or is the subject of a receivership, liquidation, dissolution or similar proceeding.
- Unless otherwise agrees in writing signed by officer of the Seller, all delivery dates are estimated. Seller shall use its reasonable efforts to deliver all Products within the time specified; however, in no case shall Seller be liable for any expense, loss or damage whatsoever suffered by Buyer as a result of the Seller’s failure to deliver Product by the specified date.
- If the Product(s) are not delivered to the Buyer according to the Purchase order the Seller has the right to return money to the Buyer. The seller will not be liable for any loss or damage of the Buyer.
10. Our liability
- We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
- Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your Purchase order is accepted by us.
- We are not responsible for indirect losses which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
- This does not include or limit in any way our liability:
- For death or personal injury caused by our negligence;
- Under section 2(3) of the Consumer Protection Act 1987;
- For fraud or fraudulent misrepresentation; or
- For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11. Import duty and customs
- If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount.
- Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
12. Written communications
- Applicable laws require that some of the information or communications we send to you should be in writing. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
13. Transfer of Rights and Obligations
- You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
14. Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks;
- The acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
- If we fail to insist upon strict performance of any of your obligations under this agreement, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- A waiver by us of any default shall not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.
- If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. Entire agreement
- We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
18. Our right to vary these terms and conditions
- We may revise and amend these terms and conditions from time to time.
- 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 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 send you the Confirmation.
19. Law and jurisdiction
- Contracts for the purchase of Products through our site will be governed by English and Wales law. Any dispute arising from, or related to, such contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
20. Right of withdrawal
- You have the right to withdraw from this contract within 14 days without giving any reason.
- The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
- To exercise the right of withdrawal, you must contacts us to withdraw.
- To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
21. Effects of withdrawal
- If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than offered by the Seller), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.