Issue 3 28/09/21 covering purchases on or after this date
1.The contract between us
1.1 Gostand Limited welcomes both businesses and consumers as customers. All agreements entered into with Gostand Limited are governed by the above Terms and Conditions and the EU Distance Selling Directive (97/7), although sales to businesses are excluded from any warranty, condition or other term implied by statute or common law to the extent permitted by the law. Agreements entered into with Gostand Limited by consumers, as defined by the Unfair Contract Terms Act 1977, are further governed by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015. As defined by the Consumer Rights Act 2015, a consumer refers to "an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession."
1.2 We must receive payment of the whole of the price for 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 accepted by sending an e-mail to you at the e-mail address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
1.3 Only adults (that is, those 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, please do not use this site.
1.4 Our website uses fraud analysis to help identify orders that could be fraudulent. If we receive notification of a potentially fraudulent transaction, we may ask that you complete a client verification form before we can accept your order. Refusal to provide proof of your identity when requested may result in cancellation of the order.
1.5 If you wish to change your order in any way, please let us know as soon as possible so that we do not incur unnecessary costs. Please note that changing your order after dispatch may not be possible and/or may incur additional costs.
1.6 Your invoice will comprise of the information supplied by you at time of purchase. If you require any of this information to be changed after the fact, we will charge an administrative fee of €50 and we must be notified of your required changes within 14 days of the order being placed. After 14 days we cannot make any changes to your invoice.
1.7 In the event that you require after sales customer support you must adhere to the procedures as set out in our terms and conditions. Our procedures have been designed to make customer service as efficient and effective as possible and may include the completion of online forms. These procedures apply to all customers without exception.
1.8 Additional order notes governing manufacturing requests, delivery requests and delivery dates.
1.8.1 Gostand Limited’s website allows for the addition of notes in the product customisation page and at the checkout. Gostand Limited cannot be held liable if additional notes have not been entered correctly or do not appear on the order. All order notes will appear on the customer’s order confirmation, it is the customers responsibility to check they appear on the order confirmation.
1.8.2 Delivery requests. Specific delivery requests do not form part of the contract of sale between Gostand Limited and its customers. Gostand Limited will label your parcel or parcels with your instructions but does not pass these instructions on to our delivery partners by any other method. Gostand Limited gives no undertaking that your delivery instructions will be followed and accepts no responsibility for ensuring that they are. Gostand Limited accepts no liability for the failure of its delivery partners to read or follow any delivery instructions provided by the customer.
1.8.3 Manufacturing requests. Gostand Limited would ask that any specific manufacturing requests are agreed in advance by email with the company. Should an unsolicited manufacturing request be added via an additional order note, Gostand Limited accepts no liability for the failure of the company to fulfil the request. Gostand Limited will not accept liability for goods claimed as defective or not to specification because they do not match an unsolicited manufacturing request that was not agreed in advance by email. Gostand Limited will not re-manufacture such goods or provide a refund in this instance. In certain cases, manufacturing requests constitute the alteration of a standard item or SKU rendering that item bespoke. In such a case;
(a) The order becomes a bespoke order and is subject to the terms and conditions and shipping and returns policy governing bespoke items, see 3.2 Goods that cannot be cancelled.
(b) There may be a supplementary cost payable by the customer to fulfil the manufacturing request.
1.9 The Gostand Shipping and Returns Policy forms part of these Terms and Conditions and thus the contract between Gostand Limited and the customer. The full Shipping and Returns Policy can be seen here.
1.10 Gostand Limited’s website allows for the creation of bespoke items. These items are created by using the customisation pages and or dropdown menus on our site. By using these online selection tools, you implicitly accept responsibility and liability for the options you have selected and understand that you have created a bespoke item that is non-refundable and non-returnable (see 3. Right for you to cancel your purchase). Gostand Limited cannot be held liable for any selection error made by a customer when choosing options from the dropdown menus. It is the customers responsibility to check the details of their bespoke order before completing the order. If a customer has any doubts on how to use the customisation options on the website, they should seek clarification from Gostand Limited in writing by email before purchasing.
1.11 Gostand Limited reserves the right to add additional pre-drilled holes as required to any desk top with or without the permission of the customer in order to allow easier assembly of the product.
2.1 The prices payable for goods that you order are as set out in our website.
2.1.1 Our charges are in Euro. You will be billed in Euro and if you purchase from outside Ireland currency fluctuations and credit card charges may make a difference to the amount billed on your credit card.
2.2 For certain destinations 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. If given a choice, please choose a delivery service product that gives appropriate levels of insurance for the goods you order.
2.3 We welcome payment by credit card, debit card and PayPal. Consumer transactions can only be placed via the website, orders cannot be placed over the phone. Business-to-business transactions can also be paid in advance by BACS. Should you wish to receive a pro forma invoice please contact us at email@example.com.
3.Right for you to cancel your purchase
3.1 You may cancel your purchase with us for the goods you order (with the exception of certain items - see clause 3.2) at any time up to the end of the 14th day from the date you receive the ordered goods. Goods must be unused, unassembled, in original packaging and resaleable condition. You do not need to give us any reason for cancelling your purchase nor will you have to pay any penalty although you will be expected to pay for any return shipping and re-boxing if so required. Returns will have a re-stocking fee of 25% levied on them unless waived at the discretion of Gostand Limited. If the items have to be re-boxed due to damage during shipment this cost will also be deducted from the refund offered. We cannot cancel an order that is still in transit with the courier. If your goods have been dispatched but are still in transit you can accept the delivery of the goods before requesting cancellation or you can refuse to accept the goods from the courier. Either way you will be expected to pay for the return shipping cost.
3.2. Goods that cannot be cancelled.
3.2.1 Bespoke Desk-tops. Our standard stock desk-tops are edged but blank and without any features or holes. Bespoke items made to client demand cannot be cancelled once manufactured. If a request has been made by the customer to customise the top by adding:
b. Cable ports
d. Fitting of power or other sockets
e. Altering the size of the desk-top
f. Special colour or finish or special edge band
or any other feature or adaptation which requires us to pierce or drill into a blank stock desk-top or cause the desk-top to differ from the standard stocked SKU's on our website then the altered desk-top is defined as bespoke for that customer and is not returnable or refundable.
3.2.2 Bespoke Frames. Our frames are standard sizes and designs. On occasions customers will ask us to reduce the dimensions or alter a frame in some way. If the customer requests that we:
a. Make a permanent change to the frame by cutting, painting, drilling or any other operation physically altering the frame from its base SKU or:
b. We change the constituents of a base SKU to alter its function, for example by adding different feet or side arms,
then in such a case the frame is considered bespoke and is not returnable or refundable.
3.2.3 Other bespoke items. All our bespoke items originate from a base SKU. If the customer requests we make a change to an item by any operation physically altering that item from its base SKU, then that item becomes bespoke and is not returnable.
If a customer has any doubts as to what does and does not classify as a bespoke item, they should seek clarification from Gostand Limited in writing by email before purchasing.
Gostand Limited reserves the right to be the arbiter of what does and does not constitute a bespoke item. Our decision is binding and final.
Note bespoke items can be manufactured from the moment of order and there is no grace period given for the cancellation of orders. Once ordered and if made they cannot be cancelled or refunded, any cancellation of such items will be charged at the full value of the goods. Refused deliveries of bespoke products are not eligible for a refund or credit.
3.2.4 Goods of the same SKU ordered over 20 in number cannot be cancelled unless a product sample has been ordered and approved prior to placing the order for the full quantity.
3.2.5 Goods with a total order value of more than €2500 in value (ex. VAT) cannot be cancelled unless product samples have been ordered prior to placing the order for the full quantity.
3.3 To cancel your contract you must notify us by e-mail to firstname.lastname@example.org.
3.4 If you have received the goods before you cancel your purchase, or goods have already been shipped to your chosen destination then you must return the goods to us, with all packaging unopened, to our contact address at your own cost and risk. You must inform us that you intend to exercise your right to cancel. To return unwanted goods to Gostand Limited you must complete and submit our online Goods Return Form within 14 days of the date of receipt of the goods, including photographs of the condition of the goods before being collected by the courier. The goods must be returned to us within 30 days of the date of purchase. Goods must be unused, unassembled, in original packaging and resalable condition. Gostand Limited reserves the right to make a deduction for any missing parts, signs of damage or assembly. Should you wish, we can normally arrange collection of the goods at your own cost but not necessarily on all occasions. This may be the cheaper option. You must be present at the collection address given Mon-Fri 8am-6pm to hand over the goods. If you fail to do so or the goods are not ready for collection any refund will be deducted the cost of a failed collection. Should you choose to return the goods yourself we would recommend that you return the goods with a delivery service that insures you for the full value of the goods as we cannot take responsibility for any items lost without proof of delivery. The full Returns Policy which forms part of these Terms and Conditions and thus the contract between Gostand Limited and you the customer can be seen here.
3.5 Once you have notified us that you are cancelling your purchase, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
4.Delivery of goods to you
4.1 We will deliver the goods ordered by you to your nominated delivery address according to the order you have placed. It is your responsibility to ensure that the delivery address you give us is correct and accurate.
4.2 Delivery will be made as soon as possible after your order is accepted and this will usually be within 2 working days of dispatch, but in any event within 30 days of placing your order.
4.3 You will become the owner of the goods when they have been safely delivered to you in person, to a neighbour you’ve approved to take your parcels when you’re out or to a safe place you have agreed to.
4.4 Delivery timings and prices are detailed within the delivery section on this site.
4.5 The Shipping and Returns policy forms which forms part of these Terms and Conditions and thus the contract between Gostand Limited and you the customer can be seen here.
5.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall endeavour to make good the delivery as soon as possible. However, we have no liability to you unless you notify us by e-mail of the problem within 7 working days of receipt of the goods in question. In the case of transit damage notification must be within 24 hours of receipt of the goods, please refer to our damaged goods on receipt section in the Shipping and Returns policy.
5.2 Imperfections in unseen areas. Due to the nature of manufacturing goods, it is sometimes necessary to leave small areas uncoated or to use some very minor fixtures or jigging during assembly. These can leave surface defects and can in certain occasions leave minor discoloration. The main reasons are hanging of powder coatings, gating on polymers, overspray on certain areas and press tool marks. Provided that these imperfections are small and in unseen areas of the furniture Gostand Limited retains the right for such small imperfections to exist in its products and does not accept them as evidence of the goods being faulty. Evidence of small imperfections in such areas are not accepted as reasons to reject goods or cancel an order. Gostand Limited reserves the right to be the arbiter of what does and does not constitute a visible imperfection. Our decision is binding and final.
5.3 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us by e-mail at our contact address of the problem within 7 days of the expected delivery date of the goods.
5.4 We supply the correct screws and components for assembly of each product we sell, you will find these within the packaging of the individual product. You must follow our instructions and use only the screws supplied with your product for correct assembly. If you mix screws or components between different products or use screws or components from another source or choose not to follow our assembly instructions, we cannot be held liable for accidental damage caused to your product. Our warranty policy does not cover accidental damage, to read our full Warranty Policy click here.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact mail address or to email@example.com.
7.Information on the website
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 the site. You agree that it is your responsibility to monitor changes to the site.
Each and every transaction carried out is deemed to be completed within the Northern Ireland and therefore shall be governed by and interpreted in accordance with Northern Irish 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 Northern Irish Law and the Northern Irish Courts shall have exclusive jurisdiction in relation thereto.
9.Use of material on the site
All content on this site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by GoStand Limited, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site, or use of the site for purposes competitive to GoStand, is expressly prohibited. GoStand Limited reserves the right to refuse or cancel any person's registration for this site, remove any person from this site or prohibit any person from using this site for any reason whatsoever. GoStand Limited, or its licensors or content providers, retain full and complete title to the material provided on the site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in GoStand Limited sole discretion. GoStand Limited neither warrants nor represents that your use of materials on this site will not infringe rights of third parties not affiliated with GoStand Limited.
You may not use contact information provided on the site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the site or to surreptitiously intercept any system, data or personal information from the site. You agree not to interrupt or attempt to interrupt the operation of the site in any way. GoStand Limited reserves the right, in its sole discretion, to limit or terminate your access to or use of the site at any time without notice. You are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination. Termination of your access or use will not waive or affect any other right or relief to which GoStand Limited may be entitled, at law or in equity.
10.Creating an account
By registering an account on gostand.co.uk you agree to receive carefully selected marketing emails from Gostand limited. You are free to unsubscribe at any time via the 'Unsubscribe' link contained at the bottom of every email. Gostand Limited will never sell of share your email with any third parties without full consent of the individual.
We respect the intellectual property rights of others and request that you do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may contact us at firstname.lastname@example.org.
In order for us to more effectively assist you, the notification must include ALL of the following:
A physical or electronic signature of the copyright owner or the person authorized to act on the owner's behalf;
A description of the copyrighted work you claim has been infringed;
Information reasonably sufficient to locate the material in question on the site;
Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit GoStand Limited to contact you;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
GoStand Limited is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this site, including material you provide to us, and so we have an absolute right to remove any material from the site in our sole discretion at any time.
13.Trademarks and Copyrights
Trademarks, logos and service marks displayed on this site are registered and unregistered trademarks of GoStand Limited, their licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission, except as otherwise described herein. GoStand Limited reserves all rights not expressly granted in and to the site and its content. This site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United Kingdom and other countries.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. GOSTAND LIMITED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOSTAND LIMITED OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. GOSTAND LIMITED DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
16.LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GOSTAND LIMITED NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, GOSTAND LIMITED'S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF GOSTAND LIMITED ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER GOSTAND LIMITED NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH GOSTAND LIMITD IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND GOSTAND LIMITED AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
18.Entire Agreement and Admissibility
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.
End of Document
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