Terms & Conditions
Please read these conditions very carefully before ordering any goods from our website.
By reading these terms conditions and using this website you agree to be legally bound by them. If you disagree with any part of these terms and conditions, please do not use our website.
1. In these conditions the following words shall have the following meanings:
1. The term ‘G.S.Mahal & Co. Ltd’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 2 Lace Market Square, Nottingham, NG1 1PB. Our company registration number is 1274540 and we are registered in England and Wales.
2. ‘You’ means the person(s), firm or company that buys the Goods from us and ‘your’ shall be interpreted accordingly
3. ‘Goods’ means any goods we agree to supply to You under the terms of the Contract, this includes any instalment of the goods or part(s) of them.
4. ‘Contract’ means any contract between You and us, for the sale and purchase of the Goods, which incorporates these conditions.
5. ‘Website’ means the website with the URL: http://www.gsmahal.co.uk
6. ‘Day’ means a UK working day and does not include Saturday or Sunday and ‘days’ shall be interpreted accordingly.
2. Any reference to any statute or statutory provision refers to its most recent version.
3. Reference to the singular includes the plural and vice versa.
4. Headings are only used for convenience.
2. Applying These Conditions
1. We are a trade only supplier, and as such the website is only intended for use by trade customers, purchasing for the purposes of their business. We reserve the right to refuse orders from non-business customers.
2. The Contract will be on these conditions only, unless there is a written variation agreed between us and You.
3. Your order is an offer to buy the Goods from us under these conditions.
4. Confirmation of your order is our acceptance of that offer. We reserve the right not to accept your offer.
3. The Goods
1. Any descriptions of the Goods on our Website, including colours and images, are for guidance only. The colour swatches do not represent an exact match to the actual colours of the garments, they are for guidance only and may vary according to your screen setttings. No pictures, descriptions, specifications or advertising will form part of the Contract.
2. There may be up to a 6% tolerance in shade variation.
1. We will deliver the Goods to the address You provide on the order form.
2. Delivery costs £6.95 + V.A.T. for website orders below the value of £150 (excluding V.A.T.) for orders within the UK mainland (except Scottish Highlands and other remote areas of Scotland). For orders outside of the U.K. mainland, or for the Scottish Highlands and other remote areas of Scotland, the buyer will be advised of, and must agree to delivery costs before acceptance of order.
3. Any delivery date we give is approximate and is an estimate only.
4. We are not liable for any loss, costs, damages, charges or expenses caused by any delay in delivery.
5. Any delay in delivery of the Products shall not give you a right to reject the Products or cancel your order. We reserve the right to deliver the Products in instalments.
6. Any discrepancies or shortages upon delivery must be reported to us within 24 hours of receipt of the goods.
7. If we can’t deliver the Goods because You won’t accept delivery, You haven’t provided the correct address, or no-one is available to accept delivery, then:
1. all risk in the Goods will pass to You;
2. the Goods will be deemed to have been delivered; and
3. We may store the Goods until we can re-deliver them, and You will be liable for any costs arising from this.
1. We shall not be liable for any proven non-delivery unless You report it within 7 days of the date when the Goods should have arrived.
2. Our liability for non-delivery is limited to replacing the Goods within a reasonable time, or issuing a credit note.
1. All prices are quoted in British Pounds Sterling.
2. The price for the Goods is the price shown at the Order Summary on our Website when we confirm your order. This price will include VAT [if appropriate] and the cost of delivery.
3. We reserve the right to revise prices and correct pricing errors at any time.
1. Payment is due by any of the methods described on our Website at the time the order is placed.
2. Goods will not be shipped until payment is cleared by Our bankers.
3. Ownership of the goods supplied will only be transferred to You when the account has been paid in full.
1. You must tell us of any faulty items within 5 days of receipt of the goods.
2. We may request the return of the Goods to us at your expense for examination (if we agree that the Goods are defective, we will refund this expense).
3. We shall not be liable for any defect if:
1. You use the Goods after telling us about the defect; or
2. the defect arises through misuse, or inappropriate storage, of the Goods; or
3. You alter or repair the Goods without our written consent; or
4. If the goods have been washed, printed, embroidered or altered in any way.
4. Subject to conditions 8.2 and 8.3, if any of the Goods are defective, we shall either repair or replace them (or the defective part) or refund the price, provided that, at our request, You return the Goods. We will refund the cost of returning the Goods to us.
5. If we comply with condition 8.4, we shall have no further liability for any defects.
9. Return of Perfect goods
1. If You wish to return non-faulty, perfect goods, You must notify us in writing within 5 working days of receipt of the Goods. You must return the Goods to us at your expense. The Goods must be returned unopened, with original packaging intact. On the satisfactory receipt of the Goods, we will refund the price paid for the Goods less 20% re-stocking charge. Shipping/delivery costs will not be refunded.
You must refer to Returns Policy to verify which products are outside of this.
You must refer to Returns Policy to verify which products are outside of this.
1. If we are prevented from, or delayed in, carrying on our business due to circumstances beyond our reasonable control, we may defer delivery or cancel the Contract or reduce the volume of the Goods sent to You (without liability to You). Such circumstances include, acts of God, government actions, war, national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes, other labour disputes, or inability or delay in obtaining supplies of materials.
2. If the circumstance in question continues for a continuous period of more than 10 days, You can give us written notice to end the Contract.
11.Information You provide
1. You authorise us to use, store or process any information that You provide, including your name and address, as far as is reasonably necessary for us to provide our services.
2. If You buy Goods through our Website then we may collect information about your buying behaviour. If You send us personal correspondence such as Emails or letters then we may collect this information into a file specific to You.
1. Each of our rights or remedies under the Contract is without prejudice to any of our other rights and remedies whether under the Contract or not.
2. If any provision of the Contract is found to be wholly or partly illegal, void, voidable, unenforceable or unreasonable, then it shall be deemed severable. The remainder of that provision and the remaining provisions shall continue in full force and effect.
3. Any failure or delay by us in enforcing any part of the Contract will not be taken as a waiver of any of our rights.
4. If we ignore any breach of any part of the Contract by You, this does not mean that We will allow any further breach and it will not affect the other terms of the Contract.
5. The Contract is governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
6. Nothing in these Conditions shall create any rights for third parties under the Contracts (Rights of Third Parties) Act 1999.
7. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information or products found or offered on this website for any particular purpose. You acknowledge that such information and products may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
8. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.