As a company, we work to comply with the Distance Selling Regulation (2000) to ensure you can buy with confidence and are treated fairly.
This legal notice applies to the entire contents of this website under the domain name www.gearboxgifts.com ("the Website") and to any correspondence by e-mail or telephone between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you choose to place an order with us. If you do not accept these terms, do not use this Website.
The Gearbox Gifts website, as an online ecommerce retailer, uses essential cookies which are stored on your computer which are necessary to be able to run an online store. These cookies ONLY contains information which holds items into your shopping basket and allows you to login to the website to place an order with us.
In addition to essential cookies, this site uses Google Analytics, a web analytics service provided by Google, Inc. Google Analytics sets number of cookies (default is 4) in order to evaluate your use of the site and compile reports for us on activity on the site.
Google stores the information collected by the cookie on servers in the United States. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.
Google Inc are members of the US Safe Harbor Scheme. This scheme allows the transfer of data from within the EEA to countries that are outside of the EEA without having to enter into a specific data transfer agreement. Companies that sign up to the scheme are deemed to provide adequate protection for personal data transmitted from Europe. Google Inc's registration is at http://safeharbor.export.gov/companyinfo.aspx?id=10543.
In addition to the cookies set by Google Analytics, this plugin will create a session based cookie (which will expire when you close your browser) containing a single "true" or "false" value, reflecting your choice.
Facebook 'like' buttons
Using the 3rd Party Facebook Like buttons on this website may create a cookie within your browser. If you would prefer to not receive these cookies, please do-not use the Facebook Like buttons.
1. Information about Us
www.gearboxgifts.com is a site supplied by Gearbox Gifts Limited ("We" ) and is registered in England and Wales under Company Number 07054785 at the following address: 1b, First End, Station Road Trading Estate, Station Road, Uppingham. LE15 9TX. The Gearbox Gifts logo is a registered trade mark of Gearbox Gifts Ltd.
2. Service Availability
Our site is intended for use by people who love cars, or for people who intend to purchase a gift for someone who loves cars.
3. Your Status
By placing an order through our site, you warrant that you are:
(a) legally capable of entering into binding contracts
We warrant that all Products promoted for sale through this site are of satisfactory quality and reasonably fit for all the purposes for which Products of the kind are commonly supplied.
Specifications on this website of the Products to be sold are not intended to be binding and are intended only to give a general description of the Products. In all other respects, and to the maximum extent permissible, we make no other warranties or promises about the Products, and any implied warranties are excluded.
All Products offered for sale are subject to availability. We regret that occasionally it may be impossible to complete an order if stock runs out or is withdrawn for any reason. But if there is a problem we will let you know as soon as we can.
We will treat each order for Products, which is confirmed when you click on the ‘NEXT' button on the Order Confirmation Screen, as an offer by you to purchase the Products subject to these terms and conditions. After placing an order you will be assigned an Order Number, which will be displayed on the screen. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us and we will confirm such acceptance, after payment by you has been successful, by notifying you that your order has been successful and stating a unique Reference Number ("the Confirmation Page"). The contract between us will only be formed when you see the Confirmation Page. If for any reason we are unable to fulfill your order within 30 days, we will provide a full refund, unless an extention to the contract is agreed.
The Contract will relate only to those Products we have confirmed on the Confirmation Page.
7. Price and Payment
The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. These prices include VAT but exclude delivery costs, which will be added to the total amount due. All prices displayed on the website are quoted in UK Pounds Sterling and must be paid in full, including delivery charges. Prices are liable to change at any time.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. If a Product's correct price is lower than the price stated on our website we will reimburse you the difference in price between the price you paid and the correct price. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect price, even after we have sent you a Confirmation Email, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Payment may be made by any of the methods indicated on our website. We do not offer any credit facilities, so we will not deliver Products to you if you do not pay for your order in full at the time of ordering.
Delivery shall be made to the delivery address supplied by you at the time of ordering. While we endeavour to deliver within the times specified, any times quoted for delivery are approximate only and we shall not be liable for any delay in delivery of the Products howsoever caused. Risk of damage to or loss of the Products shall pass to you at the time of delivery to the specified delivery address.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
We want you to be totally satisfied with your purchase.
If you wish to exchange an item, we will be happy to help. Simply return the item(s) to our company address with the exchange requirement marked on your delivery note. We will out send the new item to you forthwith. With regards to an item/items purchased ahead of time (e.g. for Christmas) we will be happy to also exchange these items for you afterwards if they are in perfect condition.
If for any reason you are not entirely happy with your order we will refund the value of the Products supplied, provided that you inform us within 14 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 Refunds Policy. Products must be returned, together with the delivery note, to us (in perfect condition) to the address specified on the delivery note within 14 days. Exception: for purchases ahead of time (e.g. for Christmas) we are happy to extend this period to 28 days.
10. Damaged Products or Incorrect Deliveries
Our warranty contained in 'Products' above is subject to the following conditions:
(i) the Products must be stored in appropriate conditions; if you do not store them in appropriate conditions we cannot be held responsible for faults or problems that arise as a result; and (ii) any claim by you in respect of any shortages and/or defects apparent on delivery in the Products must be notified to us by you within 7 days of the delivery date, stating the nature of the shortage/defect and quoting the order reference number; failure to notify us, within 7 days of the delivery date, will deem you to have accepted the Products. In some cases we may require you to return the defective Products to us at its cost. We will examine the returned Product and will, where appropriate, notify you of your refund or replacement Product via email or telephone within a reasonable period of time.
Where you make a valid claim in respect of any shortages or defects and we are liable for the claim, we can, at our option, make up the shortages or replace the Products free of charge, or refund the price of the Products in question to you.
In addition for defective Products we will refund you reasonable costs incurred for postage of the Product, but we shall have no further liability to you. If you do not notify us accordingly, we shall have no liability for any defects and you shall be bound to pay for the Products.
11. Limitation of liability
The limit of our liability to you is the making up of any shortfall, replacement, refund of the price of the Products, and, in the case of defective Products, refunding the delivery costs, as provided for in Payment & Delivery.
We are not responsible to you to any greater extent and in particular we are not liable to you for any indirect or consequential loss (including without limitation financial loss such as loss of profit or otherwise) which you may incur for whatever reason, as a consequence of our failure to comply with these terms and conditions.
This clause does not include or limit in any way our liability:
(a) For death or personal injury;
12. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause, which is beyond our reasonable control. This condition does not affect your statutory rights.
13. Transfer of Rights and Obligations
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign 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.
If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, 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.
15. Our Right to vary these Terms and Conditions
We have the right to 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 to those policies or these terms and conditions is required to be made by law or governmental authority, or we notify you of the change to those policies or these terms and conditions before we send you the Confirmation Email (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within 10 days of receipt by you of the Products).
16. Choice of Law and Jurisdiction
These Terms shall be governed by and construed in accordance with English Law and you agree to submit to the exclusive jurisdiction of the English courts.