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Gul - Delivery & Collection
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Delivery Info
Delivery InfoLast Orders for Christmas
Please see below for the recommended order dates to ensure delivery before Christmas.
While orders placed after these dates may still arrive in time, we cannot guarantee this.
UK Delivery Last Date for Guaranteed Delivery Order Before Standard Delivery 19th December 23:59 Overseas & International Delivery Last Date for Guaranteed Delivery Australia 5th December Austria 13th December Belgium 13th December Bulgaria 4th December Canada 10th December China 11th December Croatia 7th December Cyprus 14th December Czech 14th December Denmark 11th December Estonia 5th December Finland 10th December France 15th December Germany 14th December Greece 5th December Hong Kong 11th December Hungary 14th December India 11th December Ireland 15th December Israel 9th December Italy 13th December Japan 6th December Latvia 1st December Lithuania 5th December Luxembourg 13th December Malaysia 9th December Malta 14th December Netherlands 13th December New Zealand 5th December Norway 1st December Poland 8th December Portugal 9th December Romania 13th December Singapore 11th December Slovakia 14th December Slovenia 7th December Spain 12th December Saudi Arabia 11th December Sweden 9th December Turkey 6th December United Arab Emirates (UAE) 11th December United States of America (USA) 7th December Did you find it helpful? Yes No
Send feedbackSorry we couldn't be helpful. Help us improve this article with your feedback.Did you find it helpful? Yes No
Send feedbackThanks for the feedback. We will improve this article.Will I get confirmation of my order?You will actually receive two separate confirmations after your purchase.
Once you have placed your order you’ll see an order confirmation screen detailing what you bought, how much it cost and your delivery options. At the same time, you will also be sent a confirmation by email restating your purchase details for your records. However, this email does not indicate whether your order has been or has begun to be processed. It also does not serve as a confirmation of contract of purchase.
Once we have processed your order you will receive a second email from us detailing what you have purchased and confirming that your order has been processed. We will also inform you of your tracking reference number. By clicking on the tracking reference link you will be taken to the courier's website where you can see the progress of your delivery.
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Send feedbackThanks for the feedback. We will improve this article.WHAT ARE THE DELIVERY OPTIONS?Delivery Type Delivery Cost (GBP) Standard Delivery £5.99 Did you find it helpful? Yes No
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Delivery Info
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Orders & Payments
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Placing Orders
Placing OrdersHow do I place an order?
The first step to placing an order is adding your desired products to your shopping cart. You can do so by clicking the “Add to Basket” button on the product page.
Once you have your items in your basket, you can then increase the quantity by entering the desired amount in the Quantity field. You can see the Quantity field by clicking on the shopping bag icon in the top right corner of your screen.
Clicking on the “Pay securely now” button on the “Basket” screen takes you to the checkout area where you can select the correct delivery and billing address for this order. Please note that the billing address must match the details for the card that is being used. Once you have chosen the delivery method and clicked on the “Continue” button, you will be taken through to the Payment page.
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Send feedbackThanks for the feedback. We will improve this article.What payment options are accepted?Currently, we accept the following methods of payment: Mastercard, VISA, VISA Debit, VISA Electron, Maestro, American Express, PayPal and Gift Cards. The Payment Pages used on our site are secure—you can safely enter your card details to pay for your order.
When you are ready to purchase, please select the desired payment option and proceed to the next page where you can enter any required details. Based on the type of card you are using for payment, you may then be asked to enter further details to enhance the security of the transaction. Any additional information requested comes directly from your card issuer and is meant to identify you as the authorised user of the card. If you are asked for payment authentication and do not have one set up with your card provider yet, you can do so online during the transaction.
All credit and debit cardholders are subject to validation and authorisation by both us and the card issuer to maintain security and prevent fraud. Internet fraud is illegal and perpetrators will be prosecuted in all cases.
If you use a gift card to purchase goods of a higher price than the value stored on the card, you will be prompted to pay the difference with another payment method. If you do not spend the entire balance on the gift card, the remaining balance will be stored on the gift card and may be used as payment for another purchase. We will not offer any cash change for purchases made with gift cards.
Gift cards cannot be used to buy additional gift cards.
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Send feedbackThanks for the feedback. We will improve this article.When do you take payment?We only take payment for an item after it has been processed. However, in the interim before processing, we will take an authorisation. An authorisation will show on your bank statement as a reservation of funds that allocates the money to your order. However, the funds will not be released until we have processed your item(s) for delivery.
In the event of us not being able to fulfil your order we immediately contact your bank to request that your bank cancels the authorisation. If the authorisation still remains after several days, please contact your bank to request that they act upon our cancellation of the payment.
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Send feedbackThanks for the feedback. We will improve this article.Can I use my gift card online?Gift cards can be redeemed by UK and Irish customers online but not by other international customers online. They can also be used in UK and Irish branches of House of Fraser. You can use gift cards to purchase goods of a higher price than the value stored on the card by using another payment method to cover the difference in cost. If you do not spend the entire balance on the gift card, the remaining balance will remain stored on the card. No cash change will be given for a gift card balance.
Here are a few considerations when purchasing or using a gift card:
Gift cards may not be refunded, exchanged for cash, used as payment with discount vouchers or taken as deposits.
Gift cards should be treated as cash: we will not accept liability for lost, stolen or damaged cards.
Gift cards are valid for two years after their purchase. Any remaining balance will be cancelled on the expiration date of the card.
Gift cards cannot be used to buy further gift cards.
Gift cards cannot be used by customers outside of the United Kingdom.
We reserve the right to revise and amend these terms and conditions from time to time. You will be subject to the terms and conditions that apply at the time that you purchase your gift card.
This does not affect your legal rights.
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Send feedbackThanks for the feedback. We will improve this article.What is payment authentication?Payment authentication or 3D secure are fraud prevention initiatives launched by card issuers. Verified by Visa (VbV) and MasterCard Secure Code (MSC) work in the same way. The authentication works by using passwords that you use with the card providers to verify your identity. These passwords are set up by you with the card provider to protect you when you shop online. You will be required to enter your password during the payment process on our site. Along with this password, your name and billing address details must match the cardholder address details held by your card issuer.
How do I activate my card?
Many customers register their payment authentication with their card issuer. However, if you have not registered your card, you can register while going through the transaction on our site.
To do so, open a second browser window or tab and navigate to your card provider’s site. Then, select the option to set up payment authentication. You should be prompted to enter your card details and set a password. Once you have registered your card, when you shop online in the future you will only have to enter your password.
Who do I contact for further information?
Customers should have received information about the payment authentication process from their card issuers. If you require more detailed information, please contact your card issuer directly. If your card is rejected by our online payment processing systems, please double-check that all of the details you entered were correct.
If you are sure you are using a valid card, please try again with the same credit or debit card or place the order again using a different card. If the problem persists, please contact your card provider. Unfortunately, as a third-party, we have no control over the payment authentication process so we will be unable to assist with any authentication inquiries.
Please note your order will only be processed once we have received authorisation from your payment card issuer. Please contact your payment card issuer directly with any queries regarding your credit or debit card password.
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Product Info
Product InfoI can’t find the product I wanted. Do you have it in stock?
Other than pre-order products, we only show products on our website that we have in stock. If you can’t find it on our site, it is not currently available. Hopefully it comes back soon!
Please note that when purchasing a product that includes a gift with purchase, the gift is subject to availability, while stocks last only.
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Send feedbackThanks for the feedback. We will improve this article.Is there a limit to how many products I can buy?If you are buying large quantities of one particular product or we are running low on the product that you are trying to buy, we will tell you that we are not able to add more than a given number to your basket.
Please contact us to discuss larger purchases.
Please note that when purchasing a product that includes a gift with purchase, the gift is subject to availability.
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Placing Orders
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Returns & Refunds
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Completed Orders
Completed OrdersExtended Christmas Returns Policy
We’ve extended our usual returns timeframe to give customers peace of mind when shopping during the festive period.
For items ordered online - We are happy to offer a refund for items purchased online from Monday 28th October 2024, as long as they are returned unworn and in perfect saleable condition within their original packaging up until Sunday 5th January 2025.
Refunds and credit notes will only be offered in accordance with your statutory rights (which remain unaffected).
For all other terms associated with returns, please refer to our returns policy.
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Send feedbackThanks for the feedback. We will improve this article.Why has my order been cancelled?There are a few different reasons why we cancel an entire order. The most common reason is that the billing address details provided by the customer do not match the details that the customer's bank has on record for them.
Please make sure that the billing address you provide when you order is the address that your credit card is registered to. Unfortunately, once an order has been cancelled, it cannot be reactivated. If you’d like to try placing a new order, make sure all of your address details are correct. For more specific details about the error that your order ran into, please refer to the cancellation email that we've sent to you.
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Send feedbackThanks for the feedback. We will improve this article.My bank is showing two charges for my orderWhen you have entered your payment details and placed an order on our site, your bank will place an authorisation against that full order amount in your account. This will show as a pending amount on your statement but will not actually be taken by us.
If we have to cancel any items from your order, we need to issue a separate authorisation. This is because the money we actually need to take will be less than the amount which was originally authorised by your bank. This is why in certain circumstances it appears that you have been charged twice for your order. You may see two separate authorisations in that case, but we will only take the money from your account once we have processed your order.
As soon as we process the payment, we automatically send information to your bank to ask them to release any outstanding authorisations. This process can take up to five days depending on your bank's procedures. For orders placed from overseas this may take longer. Please contact your bank for additional details if you think this has happened to you.
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Send feedbackThanks for the feedback. We will improve this article.I'm missing item(s) from my orderThere are a few different reasons why you could be missing item(s) from your order. The most common reason is that an item(s) is currently out of stock and has been cancelled. If this is the case, we will send you an email to confirm the cancellation has taken place.
As we do not capture your authorised payment until your parcel has been dispatched, the cancelled item will not be charged, and your authorised amount will be revised to reflect this.
From time to time some orders can also be split into two parcels. If this is the case, you will be sent your dispatch email with two tracking references. It is possible that one parcel can be delivered quicker than the other, therefore, we kindly ask that you wait until your delivery timeframe has passed before contacting customer service.
*Please note, if your order has been split into two parcels, you will only be charged one postage cost.
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Send feedbackThanks for the feedback. We will improve this article.Why have I been refunded for an item instead of it being exchanged?In the event you change your mind, you can return an online item for a full refund only. We cannot exchange goods purchased online.
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Send feedbackThanks for the feedback. We will improve this article.Can I return an item?Wrong gear, or a dodgy fit? Return your products within 28 days of purchase for a refund.
Here are our top recommendations for a successful return:
- We can’t exchange goods, sorry! Instead, request a refund and create a new order
- We’ll need the items in their original condition, along with any packaging and labels
- Send the return via Royal Mail or an alternative courier, it’s your choice!
PLEASE BE AWARE THAT WE DISPATCH ITEMS FROM MULTIPLE WAREHOUSES AND THEREFORE WE ADVISE THAT YOU CHECK THE RETURNS FORM ATTACHED TO THE DISPATCH EMAIL WE SENT YOU TO ENSURE YOU ARE RETURNING THE PRODUCT TO THE CORRECT WAREHOUSEPlease fill in the the returns form that was attached to your dispatch confirmation email and include it in your return. If you need another copy of the form please contact us.
The small print
Include your free items in order to get a refund. If you’re looking for a refund for a product that came with a free item, we’ll need both items returned to issue a refund.
To our valued customers outside the UK
For any returns, you’ll have to pay the postage yourself. We’re also unable to return any customs charges incurred when the package was brought into your country.
It's also worth noting that if you refuse any parcels upon delivery, we’ll get you a refund minus any customs charges when those goods are brought back into the UK.
Faulty or defective items
You may return faulty goods for replacement, or refund up to 30 days after you receive them. After that period, and up to six months, we’ll only be able to offer you a replacement.
To qualify as faulty or defective, the item will meet one or more of the criteria:
- Has a manufacturing fault beyond typical wear associated with the product
- Isn’t fit for purpose it’s been supplied for
- Doesn’t match the descriptions or models shown to you at the time of purchase
Consumer rights websites such as Money Saving Expert have more detailed explanations of your rights when returning faulty goods.
We’ll professionally evaluate returns for processing as soon as we can, but please make sure they’re clean and dry! We reserve the right to refuse to inspect items that are just too dirty or wet.
For more information on our returns policy please read our full terms and conditions
Posting your items
Let us take the pain out of returning your items. If you hit any problems, feel free to get in touch
Return with Royal Mail or other couriers
- Complete a returns form. You can find it attached to your dispatch confirmation email . Then, repackage the item(s) securely and enclose the returns form.
- Attach the returns address label to your parcel and send to the address shown.
We’d recommend you send via a recorded service as we can’t accept responsibility for anything lost in transit. When returning an item, we are unable to reimburse the postage cost.
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Send feedbackThanks for the feedback. We will improve this article.I have a faulty item. How do I return it?You may return faulty goods for replacement, or refund up to 30 days after you receive them. After that period, and up to twelve months, we’ll only be able to offer you a replacement.
To qualify as faulty or defective, the item will meet one or more of the criteria:
- Has a manufacturing fault beyond typical wear associated with the product
- Isn’t fit for purpose it’s been supplied for
- Doesn’t match the descriptions or models shown to you at the time of purchase
Consumer rights websites such as Money Saving Expert have more detailed explanations of your rights when returning faulty goods.
We’ll professionally evaluate returns for processing as soon as we can, but please make sure they’re clean and dry! We reserve the right to refuse to inspect items that are just too dirty or wet.
For more information on our returns policy please read our full terms and conditions
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Send feedbackThanks for the feedback. We will improve this article.My order has been cancelled, but it appears that I have still been charged?When you have entered your payment details and placed an order on our site, your bank will place an authorisation against that full order amount in your account. This will show as a pending amount on your statement but will not actually be taken by us.
As soon as we cancel an order we automatically send information to your bank to ask them to release any outstanding authorisation. This process can take up to five days depending on your bank's procedures. For orders placed from overseas this may take longer. Please contact your bank for further details if you are still not seeing this amount released after five days.
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Send feedbackThanks for the feedback. We will improve this article.Wrong Item ReceivedWe’re sorry to hear there are issues with your order.
Please use our contact form and attach images of the wrong/faulty items and we'll investigate this for you.
Thank you for your patience while we put this right.
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Send feedbackThanks for the feedback. We will improve this article.I think part of my order is missing. Is it on its way?Sometimes, if you placed an order for multiple items, your goods will be placed in separate packages and delivered on different dates. So, the first step to take would be to check your emails from us to see if any of your items will be arriving separately. You will not be charged any additional postage costs.
If you look at your email and notice that there is a “0” in the quantity column on your invoice, this means that we did not have the stock of the item to send to you at the time of shipping.
If the delivery note says an item should be in your parcel but it isn't, please get in touch with us. Be sure to include any information about which item(s) you believe are missing, including what products you have already received from your order.
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Send feedbackThanks for the feedback. We will improve this article.Why have items been cancelled from my order?Sorry you haven't got your full order.
If an item(s) is cancelled from your order it is most likely the item you selected was out of stock when we were packing your order. You will receive an email to confirm this, and you have not been charged for it.
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Completed Orders
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My Account
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Technical Issues
Technical IssuesAdd to safe sender list
Sometimes you may run into trouble and not receive account emails that we are sending to you. That’s problematic because we communicate shipping notifications, billing errors and order updates via email. By adding our email address to your safe sender list, you’ll ensure that you receive our emails into your inbox and reduce the chances of having problems receiving emails from us in the future.
Each internet service provider (ISP) has spam filters which keep both white-listed addresses and blacklisted addresses. If an address is on a person’s white list then mail from the specific sender will be allowed.
To ensure that you receive our emails please follow the instructions below to add our email addresses to your address book for your specific ISP.
Hotmail
1. Open your inbox
2. Click "Options" (at the top right hand corner of the screen) then "More Options" at the bottom of the dropdown list
3. Select "Safe and Blocked senders" then click "Safe Senders"
4. Copy and paste our email address into the box provided and click "add to list"
5. Our email address has been successfully added to your safe sender list
Microsoft Office Outlook 2003
1. Open your inbox
2. On the toolbar click "Actions"
3. Select "Junk E-mail" from the drop down menu
4. Select "Add sender to safe senders list"
5. A dialogue box may appear with the words "The sender of the selected message has been added to your safe senders list". Click OK to confirm
6. The email address has now been entered into your Outlook contacts list
Yahoo!
1. Open your inbox.
2. Navigate to an email from us and click the "Add" button next to our email address
3. If not there already, copy and paste our email address into the email field and click "Save"
4. A dialogue box may appear with the words "Contact was Added" beside a green checkmark. Click “OK” to close the dialogue box
5. The email address has now been entered into your Yahoo! address book.
Microsoft Office Outlook 2007
1. Open your inbox
2. Open the “Tools” menu and click "Options"
3. On the “Preferences” tab under “Email” click “Junk Email”
4. Click the “Safe Senders” or “Safe Recipients” tab and select “Add”
5. In the “Enter an e-mail address or Internet domain name to be added to the list” box, copy and paste our email address and click OK
6. The email address has now been added to your contacts list.
AOL Mail
1. Open your inbox
2. Navigate to one of our emails to you. Hover over our email address in the “From” section to open up a small dropdown.
3. Click “Add contact” to confirm
4. The email address has now been added to your Contacts list
Google Mail
1. Open your inbox
2. Navigate to an email from us
3. Click on the "More options" link next to the date
4. Click on "Add sender to Contacts list" in the options list
5. The email address has now been entered into your Gmail contacts list.
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Send feedbackThanks for the feedback. We will improve this article.I’m having problems signing in. What can I do?We’re sorry to hear that you’re having trouble!
In order to shop with us or access your account on our website, we ask you to sign in. If you find that your email address or password is not recognised, please make sure you are using the exact same email address and password that you used when you first registered with us. A good way to check this is to look for your registration email and identify the email address it was first sent to.
If you can't remember your password, simply select the "Forgotten Password" option found on the sign-in page. From there, input your email address and follow the steps to set up a new password. Once signed in, you can change any of your details at any time by navigating to the My Account page.
If, after these troubleshooting steps, you are still having problems signing in to your account, please contact us.
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Send feedbackThanks for the feedback. We will improve this article.I’ve found an issue with your website.Please contact us with details about the issue. A few helpful things to include are:
Where did the issue occur (a link to the page is helpful)
When did the problem occur
A screenshot of the issue occurring
Details on what you’d expect the behaviour to be, versus what it was
What browser you are using
Frequency of the issue. For example, does it happen every time? Randomly? Once?
Any error message that appeared on the screen
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Send feedbackThanks for the feedback. We will improve this article.I’m having problems with a page on your site. What do I do?If you’re running into any trouble on the website, please contact us with details about the issue. A few helpful things to include are:
Where did the issue occur (a link to the page is helpful)
When did the problem occur
A screenshot of the issue occurring
Details on what you’d expect the behaviour to be, versus what it was
What browser you are using
Frequency of the issue. For example, does it happen every time? Randomly? Once?
Any error message that appeared on the screen
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Getting Started
Getting StartedHow to Register?
Registering an account with us gives you the ability to purchase products on our site, take advantage of our expedited check-out system, and receive special emails to make sure you’re the first to know when we have special offers or discounts.
All you need in order to register is an active, valid email address. You can register here.
Once registered, you can update your details using the "My Account" section of the site. You can access the “My Account” section by clicking on the icon of the person in the top right corner of your browser window.
If you need to add an alternative shipping address, simply click the link to enter a new address within the Address Book section of My Account.
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Send feedbackThanks for the feedback. We will improve this article.How do I create or change my password?For your security, you will be asked to set up a password when you register a new account. If you are unable to remember your password simply select "Forgotten Password" on your account page.
After you click that link, you’ll be prompted to input your email address and follow the steps in the email to reset your password.
After you’ve received your password reset, you’ll be able to assign a new password at your leisure by heading to the “My Account” section of our site.
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Send feedbackThanks for the feedback. We will improve this article.How do I pre-order an item?Occasionally, we will offer special products that are available for pre-order. Pre-order allows you to order an item either prior to the official launch or before the stock becomes available for general sale in stores. This can be especially useful for highly sought after or limited edition items.
The item, along with the rest of the order, will be processed for shipment once the stock becomes available. While we do show dates on the site for expected ship dates, they are meant as a guide rather than a guarantee. Rest assured, though, that we will endeavour to process your order for delivery as soon as we have the product in stock. We strive to get everything shipped out to you either on the date shown or shortly afterwards. We’ll keep you updated as soon as we send it out!
You will not be charged for your items until your order has been processed.
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Send feedbackThanks for the feedback. We will improve this article.How do I apply a discount code?We know that discounts make everyone’s shopping experience a little bit better. Please follow these steps to apply a discount or voucher code to your order.
1. Begin by adding your desired and/or any required items for the discount to your bag.
2. Select "View basket" to make sure you're happy with your items
3. On the right-hand side, press "Add" to apply a new Promo Code
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Send feedbackThanks for the feedback. We will improve this article.How do I buy online?If you are looking for something particular, you can use the search functionality to search for the description of the product or the product code if you know it. You can find the search functionality at the top left corner of your browser’s window where it says “Search for product or brand.”
We’ve also created useful shopping categories which you can see at the top of your browser window. If you see an area of interest, click on it! This will guide you to a curated selection of product listing. Then, click on a specific product that you’re interested in for more details, or to add the product to your cart.
To add a product to your shopping cart, hit the “Add to basket” button.
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Send feedbackThanks for the feedback. We will improve this article.Unsubscribe/Delete AccountHaving an account is free and enables you to shop easily without having to enter your details each time. It also gives you an easy overview of your order history.
If you'd prefer to keep your account but would like to stop receiving promotional messages you could change your preferences online, or by pressing ‘unsubscribe’ on one of our marketing messages.
If you want to delete your online account, please contact us with your details our team will help you further.
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Technical Issues
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Gul - Site Policies
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Terms & Conditions
Terms & ConditionsTerms & Conditions
Introduction
This page (together with the documents expressly referred to on it) tells you information about us and contains the legal terms and conditions on which we sell Products to you.
On this page the words "we" "us" and "our" refer to GUL Waterports Limited.
Please note that GUL.com is a website owned and operated by GUL Waterports Limited, whose registered address is Unit A, Brook Park East, Meadow Lane, Shirebrook, NG20 8RY. Company Number: 07589716.
We strongly recommend that you read these Terms carefully, as they will form part of the Contract between us. Please make sure that you understand them, before ordering any Products. Our relationship is subject to these Terms and they impose certain responsibilities upon you and they exclude and limit our liability to you in the event of loss or damage. YOUR ATTENTION IS DRAWN PARTICULARLY TO CLAUSE 14, which excludes and limits our liability to you in certain circumstances. Please note that by ordering any Products, you agree to be bound by these Terms and the other documents expressly referred to in them.
You should print and keep a copy of these Terms for future reference.
Please tick the relevant box on the order page to indicate your agreement to these Terms. Please understand that if you do not accept these Terms then you will not be able to order Products.
Please note that, from time to time we may amend these Terms, as set out in clause 16. Every time you submit an order to us, please check these Terms to ensure you understand the terms which will apply at that time.
1. Definitions
1.1. When the following words with capital letters are used in these Terms and the Introduction, this is what they mean:
Contract: means the individual legally binding contract formed between you and us when you place an order which we accept according to the provisions of clause 5 below;
Confirmation Email: the email we send to you after you have submitted an order to us, as explained in clause 5.5 below;
Dispatch Confirmation: the email we send to you confirming that the Products you have ordered have been dispatched to you, as explained in clause 5.6 below;
Event Outside Our Control: is defined in clause 15 below;
Products: means the products listed on the Site;
Site: the website that operates at https://www.gul.com/;
Terms: the terms and conditions on which we supply Products to you.
2. Information about us
2.1. We are GUL Waterports Limited, a company registered in England and Wales under company number 07589716 and with our registered office at Unit A, Brook Park East, Shirebrook, NG20 8RY and our main trading address at Unit 1, Stadium House, Yalberton Industrial Estate, Aspen Way, Paignton, Devon, TQ4 7QR. Our VAT number is 110213787.
2.2. Should you wish to contact us about these Terms or if you have any comments or complains about this Site or our Products, please do so using the following contact information:
- 2.2.1. Email: [email protected]; or
- 2.2.3. Write to us: GUL Watersports Ltd, Stadium House, Yalberton Industrial Estate, Aspen Way, Paignton, Devon, TQ4 7QR.
3. Our Products
3.1. The images of the Products on the Site are for illustrative purposes only. Your Products may vary slightly from those images. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products.
3.2. All Products shown on the Site are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available.
3.3. We reserve the right to change any content on the Site, including but not limited to, descriptions, specifications and prices of Products at any time without prior notice. For the avoidance of any doubt, once your order has been confirmed and a Contract formed, we will not make any changes to the Products (unless we are required by law to do so) or to these Terms.
4. Sales to children and these Terms
4.1. We do not sell the Products for purchase by children. We sell children's products for purchase by adults. You may only purchase Products from the Site if you are at least 18 years old.
4.2. These Terms and the Site's Privacy Policy form part of the Contract between you and us. 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 to be confirmed in writing.
5. How a Contract is formed between you and us
5.1. You will find information on how to order Products via the Site on the help page.
5.2. During the checkout process you will be asked to complete your payment details. Where requested you must complete the compulsory fields indicated. All credit/debit card transactions on the Site are processed using Stripe, a secure online payment gateway operated by Stripe that encrypts your card details and cannot be accessed by us. You agree to abide by any terms and conditions imposed by Stripe in connection with the processing of your payment for purchasing Products from us. You acknowledge and agree that we are not responsible for the acts and/or omissions of Stripe.
5.3. Any personal information (meaning 'personal data' as defined in the Data Protection Act 1998) that we can access about you will only be used in accordance the Site's Privacy Policy. Please take the time to read this page, as it includes important terms which apply to you.
5.4. Our order process allows you to check and amend any errors in your order at each stage of the process. Please take the time to do so. The order summary shown to you before you submit your order will summarise your order, including the total price of the Products you have ordered (including VAT), delivery charges and any charges for additional services, such as gift wrapping, (if you have asked for them). Please also check the order summary carefully before submitting you order.
5.5. After you place an order, you will receive an email from us acknowledging that we have received your order ("Confirmation Email"). This does not mean that your order has been accepted, nor that a Contract between us has formed. Our acceptance of your order will only take place as described in clause 5.6.
5.6. We will confirm our acceptance to you by sending you an email, which will confirm that the Products have been dispatched to you at the address you included when you submitted your order ("Dispatch Confirmation"). The Dispatch Confirmation will also provide you with a tracking number so that you can monitor the delivery of your order. The Contract between us will only be formed at the time when we send you the Dispatch Confirmation and when we have received from you (in full) for your order in accordance with clause 8.1.
5.7. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on the Site as referred to in clause 8.6, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
6. Delivery
6.1. All Products are delivered to you via Hermes, Royal Mail, Collect+, DPD, DHL or Direct Link depending on the delivery service you select when placing your order with us. If products are returned to us as undeliverable, we will issue a refund for the cost of the good(s) unless we have had received prior contact from yourself. In which case we will attempt to contact you (i.e. using the contact details provided when you submitted your order) to arrange re-delivery. Re-delivery attempts will incur an additional postage charge. If we are unable to contact you to arrange a re-delivery, we will refund the price of the Products to you as described in clause13.2.
6.2. Delivery charges and timescales will vary depending on the type of Product ordered and the delivery address. The cost of delivery will be set out in the order summary shown to you before you pay for your order. Please read the order summary carefully and ensure that you understand and agree to pay the cost of delivering your order to its destination. Unless we have agreed (in writing) to deliver Products to you within a certain period of time, we will ensure that the Products you have ordered from us are delivered to you without undue delay and in any event not more than 30 days after the date of the Dispatch Confirmation. Details of estimated delivery times are given on the Site and prior to submitting your order to us. Please read clause 15 about what happens if there is an Event Outside Our Control, which results in a delay in delivery or failure to deliver the product. If there is an Event Outside Our Control, we will contact you to discuss what will happen next.
6.3. Depending on the number of Products you order from us and whether or not the Products you have ordered are available for delivery at the same time, we may split the Products you have ordered from us across a number of separate deliveries.
6.4. Delivery will be completed when the all Products you ordered form us are delivered to the address you gave us for delivery when you submitted your order to us.
6.5. The Products will be your responsibility from the completion of delivery. You should check all Products you receive against your order as soon as possible to make sure they reflect what you ordered and that they are not damaged or are not as described. If you discover that the Products do not reflect what you ordered, are damaged or are not as described you must tell us as soon as reasonably possible after discovering this, either by email to [email protected], or by letter addressed to GUL Watersports Ltd, Stadium House, Aspen Way, Yalberton Tor Ind Est, Paignton, Devon, TQ4 7QR. You must also return the Products to us as soon as reasonably practicable. For further information on what to do if you believe the products you have received from us do not reflect what you ordered, or are damaged or are not as described, please see clause 11, which explain your statutory legal rights if you are a consumer.
6.6. If you are a consumer, if we miss the delivery deadline for any Product (see clause 6.2) then you may immediately cancel your entire Contract under which that Product was purchased if any of the following apply:
- 6.6.1. we have refused to deliver the Product;
- 6.6.2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances at the time the Contract was entered into); or
- 6.6.3. you told us before we accepted your order that delivery within the delivery deadline was essential.
6.7. If you do not have the right to cancel your entire Contract under clause 6.6, you can give us a new deadline for delivery (which must be appropriate in the circumstances). If we fail to meet the new delivery deadline you set pursuant to this clause 6.7, then you can cancel your entire Contract.
6.8. You can cancel your Contract pursuant to clause 6.6 or clause 6.7 in respect of just some of the Products or all of them (including any Products that have already been delivered to you). If the Products have been delivered to you, you will have to return them to us.
6.9. If you do choose to cancel your Contract as a result of late delivery pursuant to clause 6.6 or clause 6.7, then we will reimburse you for all payments made to us under the Contract without undue delay after you have cancelled the entire Contract. If you choose to cancel your Contract as a result of late delivery pursuant to clause 6.6 or clause 6.7 in respect of just some of the Products, then we will only reimburse you for all payments made under the Contract in respect of those Products for which you cancel the Contract.
7. International delivery
7.1. If you order Products from the Site for delivery to a country outside the mainland United Kingdom, delivery charges and timescales will vary depending on the weight of the order, the delivery location and the delivery method you select when you submit an order to us. An approximate estimate of delivery timescales and the delivery charges you can expect to pay when you order Products from the site is available on our help page.
7.2. Please note that your order may also be subject to import duties and taxes which are applied when the delivery reaches its destination country. You will be responsible for disclosure and payment of any such import duties and taxes. We accept no liability for any additional charges levied by the government of the destination country. You acknowledge and accept liability for any such charges applied by the destination country government and/or tax authorities and/or other regulatory authority. We have no control over these charges and we cannot predict their amount.
7.3. If you order Products from us that are to be delivered to a country outside the mainland United Kingdom and if you/the recipient refuse to accept delivery of the Products you purchased without a reasonable justification (for example, a reasonable justification would be because the Products we have sent to you do not conform to your order), the courier may be forced to return the items to us. In such circumstances, we may be required to pay additional charges to the courier and/or other persons in respect of the cost of return. Such additional charges may include payment by us of customs and/or import duties and taxes that would have been payable by you had the delivery of the Products been accepted. We reserve the right to recover these costs/charges from you by way of a deduction of the relevant amount from any refund owed to you. Before we issue a refund to you (if any), we will inform you of the additional charges we have incurred (and therefore the amount we will deduct from any refund owed to you).
7.4. Please refer to clause 12 of these Terms which sets out our refund policy. In particular, we draw your attention to clause 12.6, which explains our refund policy in respect of made-to-measure or custom-made Products you have ordered from us.
7.5. 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 or responsible if you break any such law.
7.6. For the avoidance of any doubt, nothing in this clause 7 is an attempt to exclude or limit your rights under the Consumer Rights Act 2015 and/or the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and/or any other statutory legal rights you may have for which it would be unlawful for us to attempt to exclude or limit your rights and/or our liability to you.
8. Price of Products and delivery charges
8.1. The Product prices on our Site are shown in GBP Pounds Sterling, Euros and US Dollars. If you place an order for Products using one of these currencies, we will debit your account for the amount shown on our Site in the currency you select. Our Site also has the option to view prices in Australian Dollars, Argentine Pesos or Japanese Yen. Although the exchange rate used by the Site to provide this information is updated on a daily basis, the prices shown are only a guide and they may change between the time you submit your order and when we take payment from you, due to fluctuations in exchange rates. Where you have viewed Product prices in Australian Dollars, Argentine Pesos or Japanese Yen, orders for Products viewed in those currencies will be charged for in GBP Pounds Sterling to the value shown in the Confirmation Email. If, on receipt of the Confirmation Email, the price of the Products is at a level that is not acceptable to you and you no longer wish to proceed with your order, please notify us as soon as possible via email to [email protected] and we will endeavour to stop your order before it is processed and dispatched to you. If you decide that you no longer wish to proceed with your order and we have already sent a Dispatch Confirmation to you, please see clause 10 (your cancellation rights if you are a consumer) for further information on how you can cancel your order.
8.2. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information is entered onto the Site. However if we discover an error in the price of any Products you ordered, please see clause 8.6 for what happens in this event.
8.3. Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Confirmation email. If the price of a Product you have ordered increases between when you placed your order and when we issue a Confirmation Email, we will charge you for the price shown on the Site at the time you submitted your order.
8.4. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable for the time being. However, if the rate of VAT changes between the date of your order and the date on which we confirm your order via a Dispatch Confirmation email, we will inform you and we will give you the option of continuing to purchase the Product at a price which includes the extra VAT or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
8.5. The price of a Product does not include delivery charges, which you must also pay. Our delivery charges are as quoted on the Site from time to time and are dependant on the type of product ordered and the delivery method selected by you submitted your order to us. Delivery charges will be displayed before you submit your order to us. Please take the time to read and check your order at each page of the order process.
8.6. The Site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on the Site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. We will also refund to you the price you paid in advance (if any) for any Product in respect of which an order is cancelled or treated as cancelled.
9. How to pay
9.1. You can pay for Products using a debit card or credit card, PayPal account or Amazon account. All payments are subject to authorisation by your card issuer/account provider and we will only accept your order and a binding Contract will only be formed between us when we have taken payment in full in cleared funds for the Products you have ordered and when we have sent you a Dispatch Confirmation email.
9.2. Payment for the Products and all applicable delivery charges is in advance. We accept no liability if delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the Products from your account, then we reserve the right to cancel the Contract and suspend any further deliveries to you.
9.3. You will only own the Products once we have received payment in full, including all applicable delivery charges and we have sent you a Dispatch Confirmation email.
10. Your cancellation and refund rights if you are a consumer
10.1. If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 10.3. This means that if you change your mind or for any other reason and you decide you do not want to keep a Product during the cancellation period, you can notify us of your decision to cancel the Contract and receive a refund. You do not have to give us a reason for exercising your right to cancel during the period set out below in clause 10.3. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
10.2. However, this cancellation right does not apply in the case of:
- 10.2.1. any made-to-measure, personalised or custom-made products (e.g. Products personalised using our FREE iD boot personalisation service);
- 10.2.2. any sealed Products which are not suitable for return due to health protection or hygiene reasons, if they are unsealed after you receive them (e.g. mouth-guards, underwear, boxer shorts etc.); or
- 10.2.3. any Products which become mixed inseparably with other items after their delivery to you.
10.3. Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (i.e. the date on which we email you to confirm our acceptance of your Order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out below:
Your Contract is for a single Product:
The end date is 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January, you may cancel the Contract at any time between 1 January and the end of the day on 24 January.
Your Contract is for multiple products which are all delivered on the same day:
The end date is 14 days after the day on which you receive the Products.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive all of the Products on 10 January, you may cancel the Contract at any time between 1 January and the end of the day on 24 January.
Your Contract is for multiple Products which are delivered on separate days:
The end date is 14 days after the day on which you receive the last of the separate Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first of your separate Products on 10 January and the last of your separate products on 15 January, you may cancel the Contract in respect of any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
10.5. If you cancel your Contract and subject to you complying with clause 10.6 we will:
- 10.5.1. refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your unnecessary handling of them in a way which would not be permitted in a shop (i.e. your handling them in a manner other than what is necessary to establish the nature, characteristics and functioning of the Products) or where the item has not just been checked, but used. For example, if you purchase a pair of rugby/football boots from the Site and, when they have been delivered to you, you take them out of the packaging to check they are the brand/size you ordered, this would be acceptable. However, it is likely that we would reduce your refund to reflect its diminished value if you were to wear/use the rugby/football boots before you returned them to us.
- 10.5.2. refund any delivery costs you have paid in having the Products delivered to you, although, as permitted by law, the maximum refund in respect of delivery costs you have paid will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 2-4 days at one cost , but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- 10.5.3. make any refunds to you without undue delay and in any event within the deadlines indicated below:
- 10.5.3.1. if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information on how to return a Product to us, see clause 10.6;
- 10.5.3.2. if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
Please note that we may withhold reimbursement until you have complied with the requirements of clause 10.5.3.1.
10.6. If the Products were delivered to you before you decide to cancel your Contract:
- 10.6.1. you must return the Products to us without undue delay and within no more than 14 days after the day on which you let us know that you wish to cancel the Contract. The deadline is met if you send back the Products before the period of 14 days has expired. You can either send the Products back to us or hand the Products over to us at Customer Services, GUL Watersports, Stadium House, Aspen Way, Yalberton Tor Ind Est, Paignton, Devon, TQ4 7QR;
- 10.6.2. unless the Products are faulty or not as described (in this case, see clause 12), you will be responsible for the cost of returning the Products to us and for ensuring that the Products returned to us are not damaged in transit (please see clause 13.1). If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery of the Products to you.;
- 10.6.3. for certain larger Products we may offer (at our discretion) to arrange collection of the Products on your behalf. Where this is the case, we may contact you and offer to collect the Products from you. In such circumstances, you agree that you will be responsible for paying the cost of the collection. We will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection. If we have offered to collect the Product from you, we will charge you the direct costs to us of collection. We will notify you in advance of the cost of collection of the Products from you. For the avoidance of any doubt, this clause is not an offer to collect any Product(s) from you in the event that you cancel a Contract;
- 10.6.4. you must take reasonable care of the Products and keep them in your possession and not use them until they are returned to us or collected by us.
10.7. Where reasonably possible, please return Products to us in their original packaging.
10.8. Because you are a consumer, we are under a legal duty to supply Products that are in conformity with the Contract.
11. Your statutory legal rights if you are a consumer
11.1. We are under a legal duty to supply Products to you that are in conformity with the Contract. See the box below for a summary of your key legal rights in relation to Products you purchase from us. Nothing in these Terms will affect, exclude or limit your statutory legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. Please note that the information below is only a summary and that certain exceptions apply to each of your key legal rights. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says the Products we provide to you must be as described, fit for purpose and of satisfactory quality. If, during the expected life of your Product, it is faulty, your legal rights entitle you to the following:
- up to 30 days: then you can reject the faulty Product and get a full refund of all the money you paid under the Contract in respect of the faulty Product.
- up to six months: you can ask us to repair or replace a faulty Product and to bear any necessary costs of doing so. If your faulty item can't be repaired or replaced, then you may be entitled to a full or partial refund of the money you paid under the Contract in respect of the faulty Product.
- up to six years: if the item can be expected to last up to six years, you can ask us to repair or replace a faulty Product and to bear any necessary costs of doing so. If your faulty item can't be repaired or replaced, then you may be entitled to a full or partial refund of the money you paid under the Contract in respect of the faulty Product.
11.2. If you wish to exercise your legal rights to reject a faulty Product or to return a faulty Product to us for repair or replacement you must either return the faulty Product to us in person to where you bought them, post the faulty Product back to us or (if they are not suitable for posting) allow us to collect the faulty Product from you. We will pay the reasonable costs of postage or collection. Please email our customer services on [email protected] for a return label or to arrange collection.
11.3. Once we have received the Products from you and if you and we agree that the Products are faulty:
- 11.3.1. we will issue any refund due to you without undue delay and in any event within 14 days, beginning on the date on which we agree that you are entitled to a refund;
- 11.3.2. we will carry out any repairs or replace any faulty Products within a reasonable time.
12. Our returns policy
12.1. In addition to your right to cancel a Contract pursuant clause 10, we also operate a no quibble returns policy. If for any reason you are not satisfied with any Products, you may return them to us within 28 days of purchase for a refund or for an exchange.
12.2. To be eligible under our returns policy, all returned Products must be returned "as sold" (i.e. in re-saleable condition, unworn in their original packaging and with all swing tags attached to the Product). If Products you return to us do not comply with this requirement, we cannot accept the returned Product and we will return it to you at the address provided in the order process as soon as reasonably possible. Subject to clause 10 and clause 14.3, we exclude all further liability to you for Products you return to us that are not returned "as sold".
12.3. If you wish to return Products to us under our returns policy, please complete the returns form on the reverse of the dispatch note enclosed with your Products (which you can also obtain from the returns page) and send the item along with the completed returns form to GUL Watersports, Stadium House, Aspen Way, Yalberton Tor Ind Est, Paignton, Devon, TQ4 7QR. When you complete the returns form, please indicate whether or not you would prefer a refund of the Product price or replacement Products (should we determine you are entitled to such a refund or replacement Products pursuant to clause 12.4). Please enclose the original proof of purchase (i.e. the dispatch note enclosed with the Products) along with the Products you are returning to us.
12.4. When you have returned the Products to us, we will examine the Products and (if we consider that the Product satisfies the requirements of clause 12.2) we will arrange for a refund of the Product price (including the delivery cost you paid to us when you submitted your order) or an exchange of the Product for a replacement, depending on the option you indicated on the returns form when you returned the Products to us:
- 12.4.1. if you choose a refund of the Product price, we will process your refund in accordance with clause 13.2.2 below; or
- 12.4.2. if you choose an exchange of the Product for a replacement Product, we will send the replacement Product to you at the address provided in the order process (unless you instruct us to the contrary) as soon as reasonably possible and we will pay the cost of delivery, unless you have asked us to send the replacement Product to you via our express delivery service.
12.5. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the return as though you elected for a refund under clause 12.4.1.
12.6. Please note that where you have ordered made-to-measure or custom-made Products from us (e.g. Products personalised using our Free iD boot personalisation service), we are unable to accept returns or exchanges of such Products, unless the Products are damaged, materially defective, not as described or (if you are a consumer) the Products breach your statutory rights.
13. Returning Products to us and our refunds policy
13.1. When you return products to us under clause 10 (Your cancellation and refund rights if you are a consumer), clause 11 (Your legal rights if you are a consumer) or clause 12 (Our returns policy):
- 13.1.1. if you chose to return any products to us we will not be responsible for loss or damage to them in transit. We therefore recommend that these are returned to us using a reputable recorded delivery service. If Products are damaged or lost in delivery we reserve the right to charge you, or not to refund any amounts due to you, that are attributable to the loss or damage;
- 13.1.2. we will refund to you on the credit card or debit card or to the Amazon account or PayPal account used by you to pay us for the Products. In any event, you will not incur any fees as a result of the reimbursement.
- 13.1.3. where you request for us to deliver a Product to a third party you will only be able to exercise your rights if you can return the goods to us or we can arrange with the third party to collect them.
13.2. When you return to us any Products that you have ordered from us:
- 13.2.1. because you have cancelled the Contract between us within the fourteen day cooling-off period (see clause 10 above), we will process the refund due to you as soon as possible and, in any case, in accordance with clause 10.5.
- 13.2.2. and you accept our offer of a refund under clause 12.4.1, we will usually process the refund due to you as soon as possible and usually within 30 days of the day we confirmed to you via email that you were entitled to a refund for the returned Product. Please note that when returning a Product to us under our returns policy (clause 12), we are unable to reimburse the cost of returning the Products to us.
13.3. In the event that your Products are lost during delivery, we are unable to offer any refund on missing/lost Product(s) until Royal Mail has deemed that the parcel has been lost via their missing parcels claims procedure. Please let us know if you have not received your Products:
- 13.3.1. 15 days after the date we sent the Dispatch Confirmation to you, if the Products were sent to an address in the mainland United Kingdom; or
- 13.3.2. 25 days after the date we sent the Dispatch Confirmation to you, if the Products were sent to an address outside the mainland United Kingdom,
- And we will liaise with the Royal Mail to determine whether the Products have been lost. If the Royal Mail (via its lost parcel claims service) deems that the Products have been lost, we will contact you (via the email address you provided when you submitted your order to us) to let you know that the Products have been lost and to offer you a choice between a refund of the Product price [(including the delivery cost you paid to us when you submitted your order)] or a replacement Product (subject to our having a replacement Product in stock):
- 13.3.3. if you choose a refund of the Product price, we will process your refund in accordance with clause 13.2.2 above; or
- 13.3.4. if you choose a replacement Product, we will send the replacement Product to you at the address provided in the order process (unless you instruct us to the contrary) as soon as reasonably possible and we will pay the cost of delivery, unless you have asked us to send the replacement Product to you via our express delivery service. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the return as though you elected for a refund under clause 13.3.3.
14. Our liability to you (YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE)
14.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a natural, foreseeable result of our breaking these Terms or our failure to exercise reasonable care and skill, but we are not responsible for any loss or damage that is not so foreseeable. Loss or damage is foreseeable if it obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2. We only supply the Products for domestic and private use to consumers. You agree not to use the product for any commercial, business or re-sale purposes, and in any event we will have no liability to you for any loss of profit, loss of enjoyment, loss of or damage to reputation or goodwill, loss of business, business interruption, or loss of business opportunity.
14.3. We do not in any way exclude or limit our liability for:
- 14.3.1. death or personal injury caused by our negligence or that of our officers, employees, agents or subcontractors;
- 14.3.2. fraud or fraudulent misrepresentation;
- 14.3.3. any liability that cannot be excluded or restricted under section 31 of the Consumer Rights Act 2015;
- 14.3.4. defective products under the Consumer Protection Act 1987;
- 14.3.5. any other liability for which it would be unlawful for us to attempt to limit or exclude liability.
15. Events outside our control
15.1. 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 an Event Outside Our Control.
15.2. An Event Outside Our Control includes any act, event, non-happening, omission or accident outside our reasonable control and includes in particular (without limitation) the following:
- 15.2.1. strikes, lock-outs or other industrial action;
- 15.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- 15.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- 15.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- 15.2.5. impossibility of the use of public or private telecommunications networks;
- 15.2.6. the acts, decrees, legislation, regulations or restrictions of any government;
- 15.2.7. denial of service attacks or other types of attacks that are directed toward the infrastructure that supports the Site;
- 15.2.8. any type of outage or service degradation relating to the unavailability of a financial institution including, but not limited to, issuers and/or acquirers or any third party switch or processing system;
- 15.2.9. any issues which are limited solely to you and which cannot be proven against any of our other customers; or
- 15.2.10. any failure or service outage that falls outside of our control.
15.3. Our performance under any Contract is deemed to be suspended for the period that the Event Outside Our Control 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 Event Outside Our Control to a close or to find a solution by which our obligations under the Contract may be performed despite the Event Outside Our Control.
15.4. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, we will contact you as soon as reasonably possible to notify you.
16. Our right to vary these terms
16.1. We may update or amend these Terms from time to time. Please review these Terms regularly to ensure you are aware of any changes we have made. Your continued use of the Site after changes are posted means you agree to be legally bound by these Terms as updated and/or amended.
16.2. Once your order has been confirmed and a Contract formed, we will not make any changes to the Terms that apply to your order. However if you are a returning customer please check the Site regularly to ensure you are aware of any changes we have made to our Terms since the last time you visited the Site.
17. Communications between us
17.1. When we refer, in these Terms, to "in writing", this will include email unless it is clear that email is not intended to be included in any particular scenario.
17.2. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site. 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. This condition does not affect your statutory rights.
18. Notices
18.1. Unless stated elsewhere in these Terms, all notices given by you to us must be given in writing in the English language. You can send notices to us by email at [email protected], or by pre-paid post to GUL Watersports Limited, Stadium House, Yalberton Industrial Estate, Aspen Way, Paignton, Devon, TQ4 7QR. We will confirm receipt of your notice by contacting you in writing, normally by email to the email address you gave us when you submitted your order. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped with the correct postage paid and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee. If you are a consumer and exercising your right to cancel under clause 10, please see that clause 10 for how to tell us this.
19. Our right not to accept orders and applicable refund
19.1. We may decide not to accept an order from you for Products. If we do so, and you have made any payment in advance for the Products, we will refund you the full amount you have paid as soon as possible.
20. Transfer of rights and obligations
20.1. We may transfer our rights under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
20.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
20.3. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
21. Severability
21.1. If any of the Terms of the Contract between us are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such Terms 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.
22. Entire agreement
22.1. These Terms constitute the entire agreement between us and they supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter.
22.2. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on anything set out in these Terms.
22.3. Notwithstanding any other term of these Terms, nothing in these Terms shall exclude or limit our liability for something that we cannot exclude or limit in law.
23. Governing Law, Alternative Dispute Resolution (ADR) and jurisdiction
23.1. These Terms and any Contract between us are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Products in either the Northern Irish Courts.
23.2. If we fail to resolve any dispute between us in relation to any Contract or any Products you may wish to contact the following certified ADR provider Centre for Effective Dispute Resolution, whom we are willing to work with.
23.3. These Terms and any Contract between us, are drafted in the English language. If they are translated into any other language, the English language text shall prevail.
NB: This is a platform that has been designed to help consumers to resolve disputes with online retailers in relation to faulty goods they have purchased online. http://ec.europa.eu/consumers/odr/.
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Send feedbackThanks for the feedback. We will improve this article.Declaration of ConformityPlease find download links for our product DOCs here.
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Terms & Conditions