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Terms and Conditions

 

These are our formal Terms and Conditions.  If you have any questions, or need clarification, please contact us directly at hello@gooseberrypink.com and we will get back to you as soon as we can.

 

Gooseberry Pink — Online Terms & Conditions

In these Terms and Conditions of Business, GOOSEBERRY PINK Ltd is sometimes referred to as “GOOSEBERRY PINK”. In both cases, it shall refer to GOOSEBERRY PINK Ltd., the business registered in Scotland, No: SC515477.

General

Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms and Conditions”). By using the Services, you are agreeing to all the Terms and Conditions, as may be updated by us regularly.

You should check this page regularly to take notice of any changes we may have made to the Terms and Conditions. Access to this Website is permitted on a temporary basis, and GOOSEBERRY PINK reserves the right to remove or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. Periodically we may restrict access to some parts or the entire Website. Your use of the GOOSEBERRY PINK website is contingent upon your acceptance of our Privacy Notice and the following Terms and Conditions. If you do not agree to the Terms and Conditions of business contained in the following pages, then you may not use the GOOSEBERRY PINK website

This Website also contains links to other websites, which are not operated by GOOSEBERRY PINK (the “Linked Sites”). GOOSEBERRY PINK has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each Linked Site.

If you have any enquiries, comments or concerns regarding this agreement or any other part of this site or regarding any of our featured products and services or if you have experienced technical problems while using this site, please send an email to hello@gooseberrypink.com.

Privacy NOTICE

Our Privacy Notice, which sets out how we will use your information, can be found at Privacy Notice. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

GOOSEBERRY PINK is a registered data controller within the meaning of the Data Protection Act 2018 (”the Act”).

GOOSEBERRY PINK undertakes to process all personal data obtained by it through use of the website in accordance with the principles laid down in the Act. Please see the GOOSEBERRY PINK Privacy Notice for more information.

Cookies

Like many websites, we also use “cookie” technology. A cookie is a small data file that we transfer to your computer’s hard disk. We do not use cookies to collect personally identifiable information. We use cookies to better understand how you interact with the site and our service, to monitor aggregate usage by our users and web traffic routing on the site, and to improve the site and our services.  See our Cookie Policy.

Your Obligations and Conduct

You must provide us with true and accurate information for example: your real name, phone number, e-mail address and other requested information as indicated. Falsifying or omitting contact information such as a name, address, and/or telephone number when registering with GOOSEBERRY PINK is not permitted. You are also not permitted to use fax or disconnected numbers as a telephone number. When using this website you must obey all applicable international, federal, state, and local laws.

It is your responsibility to select a password that is unique to your GOOSEBERRY PINK account and that you do not disclose this information to anyone else or keep this information in an insecure place.

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Services; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. GOOSEBERRY PINK will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

We reserve the right to bar users from this Site on a permanent or temporary basis. Any such user shall be notified and must not then attempt to use this Site under any other name or through any other user. GOOSEBERRY PINK will report any breach of these rules that would constitute a criminal offence under the Computer Misuse Act of 1990 to the relevant law enforcement agencies and disclose your identity to them.

Intellectual Property, Software and Content

This website is owned by and operated by GOOSEBERRY PINK Ltd. Unless otherwise noted in this website, GOOSEBERRY PINK Ltd. owns the copyright with respect to all content on the website. Content includes: text, graphics, logos, audio clips, trademarks, software server information, and anything else hosted on this website. The GOOSEBERRY PINK logo, name, tagline and other marks indicated on the website are the trademarks or registered trademarks of GOOSEBERRY PINK in the United Kingdom. All rights to content, services, and server information are reserved. Any modification made to the content of this website by a third party is a violation of GOOSEBERRY PINK’s copyright. Additionally, the GOOSEBERRY PINK website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

The website graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of GOOSEBERRY PINK. GOOSEBERRY PINK’s trademarks and trade dress may not be used in connection with any product or service that is not GOOSEBERRY PINK’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits GOOSEBERRY PINK. All other trademarks not owned by GOOSEBERRY PINK that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GOOSEBERRY PINK

Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the website or any information displayed on the website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions of Business; or (b) with the prior written permission of GOOSEBERRY PINK or the prior written permission from such third party that may own the trademark or copyright of information displayed on the website.

The intellectual property rights in all software and content made available to you on or through this Website remains the property of GOOSEBERRY PINK or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by GOOSEBERRY PINK and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. You may link GOOSEBERRY PINK content to other sites, but only if you acknowledge the website as the source of the material and does not disparage or discredit GOOSEBERRY PINK.

You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by GOOSEBERRY PINK or its licensors.

Registration, Permissions and Community Participation

GOOSEBERRY PINK reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupts any of our services in any way. By submitting any material to us, you automatically grant GOOSEBERRY PINK the royalty-free, perpetual, exclusive right and license to use, reproduce, modify, adapt, edit, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media or technology now know or later developed. GOOSEBERRY PINK will endeavour to acknowledge you as the source of the material when we feature such material. GOOSEBERRY PINK is not obliged to publish material submitted by you. When taking part in any GOOSEBERRY PINK community or social media groups you are governed by the terms of usage of the site in which the community/group exists.

If you fail to comply by our community rules GOOSEBERRY PINK has the right to cancel your account without notice and delete any contributions. If you do not want to grant GOOSEBERRY PINK the permission set out in these terms then please do not share your contribution on any community GOOSEBERRY PINK or any GOOSEBERRY PINK forums or groups.

Terms of Sale

By placing an order on GOOSEBERRY PINK website you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. At any time GOOSEBERRY PINK has the right to cancel the order before it is dispatched, refunding any money due to the customer.

GOOSEBERRY PINK will endeavour to process the Order and send the Goods within the time period stated at point of purchase. Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the Contract and GOOSEBERRY PINK will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods howsoever caused. We will not be held responsible for any deliveries delayed due to postal delays or force majeure. Please see our Delivery page for further information.

In order to contract with GOOSEBERRY PINK you must be at least 13 years of age and can form a legally binding contract under applicable law If your order is accepted we will inform you by email when we dispatch the item. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit, debit card or PayPal account used to place your order and that there are sufficient funds to cover the order cost. All prices advertised are subject to such change.

Our Contract

When you place an order, you will receive an email that acknowledges your order: this email will only be an acknowledgement and will not constitute acceptance of your order.

A contract between us will not be formed until we send you a confirmation email that all of the goods that you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

Pricing, Currencies and Payment

At GOOSEBERRY PINK Ltd we try to ensure that all details, descriptions and prices that appear on this Website are accurate. In the unlikely event of an error in the price of any goods that you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled and any monies paid will be refunded to you.

Prices include VAT at the prevailing UK rate, where applicable.  Sales to territories outside the EU do not include VAT and you will be responsible for any other taxes applicable in the territory to which the Goods are sent.

We comply with the UK Consumer Protection (Distance Selling) Regulations 2000

We will endeavour to deliver to anywhere in the world that is accessible to our delivery partners. We ensure that we comply with the legal requirements in non-EU countries and reserve the right to cancel your order if we are unable for any reason to meet with these requirements. Prior to ordering, it is your responsibility to check that any goods you order comply with state and federal government import regulations and there are no local requirements or restrictions which may affect you receiving any of these products.

GOOSEBERRY PINK website is multi-currency enabled, which means you can select from a range of currencies to view product prices and shopping bag summaries.  NB.  These figures are calculated using live exchange rates so they are subject to change.  Payment providers may use different exchange rates so the shopping bag summary is only an indication of what you will pay.  GOOSEBERRY PINK has no control over these exchange rates and will not be responsible for any additional costs incurred by paying in your own currency.

Payment will be taken in full via Stripe or PayPal.  You may pay in your chosen currency at the time of purchase, subject to this facility being available via Stripe or PayPal.  Payments made via Stripe or PayPal are subject to the Terms and Conditions of Stripe or PayPal.

When making a payment using Stripe your payment details are sent securely to Stripe’s servers without you having to leave the Gooseberry Pink website.  Gooseberry Pink does not have any access to your sensitive payment information.  Gooseberry Pink is notified by Stripe that a secure transaction has taken place.

When using Paypal you will be redirected to their secure website to make payment. You do not need to have a Paypal account to make payment and they accept a wide range of credit or debit cards. Please refer to Paypal’s terms and conditions for additional information.

GOOSEBERRY PINK do not take, or store, your credit card details.

Returns and Refunds

If you are unsatisfied with your purchase, you may return it to us for a refund within 14 days. If an item has been bought in the sale, or during certain site promotions where price reductions are applied then you may return it within 7 days. To qualify for a refund, the items must be returned in original condition with all tags and packaging intact and items unworn. It is your responsibility to pay for the order to be returned and obtain a certificate of posting.

Please contact us immediately for any items that are damaged or do not fit the description. We will do everything we can to rectify this as quickly as possible.

For information on returning an item please see our Returns page.

Under Distance Selling Regulations you have the right to cancel your order within 7 working days of receipt of goods. You must inform us in writing within 7 days of receipt of your intent to exercise this right via email to hello@gooseberrypink.com.

Please keep evidence of the cancellation notice, such as a copy and obtain a certificate of posting. In this circumstance you will be liable to pay and arrange for the goods to be returned in original condition with original packaging and all tags attached

Discount Codes

We may from time to time offer promotional discounts using promotional discount codes. These discounts will be subject to terms and conditions that will be issued with the codes.

Gift Cards

When you buy a Gift Card, an email will be sent to you, or your recipient, on confirmation of your order.  This will contain a Gift Card code. If you purchase multiple Gift Cards you will be sent multiple Gift Card emails.  Each Gift Card code will be available as a Store Credit linked to the recipient’s email.

A Gift Card cannot be exchanged for cash and is valid for two years from the date of purchase.

To purchase items using a Gift Card simply enter the Gift Card code in the Offer Code box on the Your Bag or Checkout page.  The Gift Card amount will automatically be deducted from your bag total.

You do not need to redeem the full value of the Gift Card in one visit. Any unused balance will remain as a Store Credit. 

You can take advantage of another offer or discount code at the same time as you redeem your Gift Card. 

Gift Cards are redeemable against any items on the gooseberrypink.com website. You can also redeem a Gift Card against shipping.

As a customer your right to return an item bought using a Gift Card is exactly the same regardless of whether you’ve bought the items with a Gift Card, a payment card, or a combination of the two.  If you’ve paid for the whole order with a Gift Card, then a replacement Gift Card for the amount will be issued to you.  If you paid with a combination of payment card and Gift Card, we’ll refund anything that you paid for on your debit/credit card first, and then the remaining amount will be issued as a new Gift Card.

Disclaimer of Liability

The information contained in this website is for general information purposes only. The information is provided by GOOSEBERRY PINK and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Through this website you are able to link to other websites which are not under the control of GOOSEBERRY PINK. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, GOOSEBERRY PINK takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Information on the GOOSEBERRY PINK website may contain technical inaccuracies or typographical errors. GOOSEBERRY PINK attempts to make its descriptions as accurate as possible but does not warrant that the content of the GOOSEBERRY PINK website is accurate, complete, reliable, current, or error-free.

Linking to This Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

Disclaimer as to Ownership of Trademarks, Images of Personalities and Third Party Copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with GOOSEBERRY PINK and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to GOOSEBERRY PINK.

Indemnity

You agree fully to indemnify, defend and hold us, and our directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

Variation

GOOSEBERRY PINK shall have the right in its absolute discretion at any time and without notice to amend, remove or vary any of its services or any epage of this Website.

Invalidity

If any part of the Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms and Conditions will not be affected with all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We will try to do everything we can to resolve any disputes when they first arise. If you do have any complaints or comments then please contact us at hello@gooseberrypink.com.

Waiver

If you breach these conditions and we take no action, we will be entitled to exercise our rights in any other situation where you are in breach of our terms and conditions.

Governing Law and Jurisdiction

These Terms and Conditions are to be construed in accordance with the laws of Scotand and in the event of any dispute or claim associated with these Terms and Conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Scottish courts.

Entire Agreement

These Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and GOOSEBERRY PINK. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by a Director of GOOSEBERRY PINK

We comply with UK legal and tax regulations

Company Details:
GOOSEBERRY PINK,
Company Registration Number: SC515477
VAT Registration Number: GB 229 3203 26