1. DEFINITIONS AND INTERPRETATIONS
1.1 In these terms and conditions:
Reference to 'we' and 'us' is a reference to GINA SHOES LTD
owner of this website which is an English company, registration No 528524, located at 104-106 Brantwood Road, Tottenham, London N17 0XW, United Kingdom. By using this website you agree to be legally bound by our Terms and Conditions and by all other applicable provisions
Reference to 'you' is a reference to the purchaser of the Goods from us.
"Contract" means the contract between us for the sale and purchase of the Goods which incorporates these Terms & Conditions.
"Goods" means the shoes and bags and other items purchased by you from us.
"Terms" means these terms and conditions.
1.2 These Terms are the only terms and conditions on which we contract for the sale of Goods and they form an integral part of the contract between us. If we agree to vary any of the terms, the variation must be in writing confirmed by our duly authorised representative and by you. If you disagree with our Terms and Conditions and/or with any other of the applicable provisions, you are not permitted to use the website.
For deliveries within the EU (including the UK) the price of Goods quoted on our website is inclusive of UK VAT (Value Added Tax). For deliveries outside the EU, the price quoted does not include UK VAT and you will be responsible for any local taxes and/or duty on your incoming purchase
2.2 The cost of packaging and postage/carriage is free.
2.3 All published prices are subject to change at any time without notice.
3. ORDERING GOODS ONLINE
3.1 You warrant to us that all information which you are required to provide when ordering Goods online is accurate and complete in all respects at the time of the order and that this information relates to you/the person placing the order and not to any third party.
3.2 When an order is made online, the order confirmation issued by the company clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will only be confirmed when it is verified by us.
3.3 Any error in any ordering process due to technical or other reasons beyond our control entitles us not to treat the order as being binding on us.
If you place an order, you will have to provide personal information to us. We will not disclose that information to any third party without your consent, except for the purpose of processing the order and arranging delivery.
Please read the privacy statement on our web site.
5.1 All payments for Goods and for the cost of packaging and delivery where applicable must be made before the Goods are despatched.
5.2 Payment online will be made by credit or debit card or PayPal where allowed. We do not accept payment by cheque or other means. In all cases, delivery will not occur until we are satisfied that the payment has been made.
6.1 We will give you an estimated delivery date for the Goods but no times or dates provided by us are guaranteed.
6.2 We will arrange for packing and we will decide on the method of delivery either by post, courier or otherwise.
6.3 You must notify us promptly and in any event within 48 hours of receipt of any Goods if they appear to be damaged in transit. In those circumstances, you must also keep all packaging as this may be required when making a claim.
7.1 You will have a right to cancel an order within 14 working days from the date that you receive the Goods. Cancellation must be confirmed to us by notice in writing.
7.2 You must take reasonable care of all Goods in your possession and return them to us, appropriately packaged to avoid damage, within 7 days from the cancellation date. We recommend that all goods returned to us are sent by insured delivery. We reserve the right to arrange collection, in which case you will be responsible for collection charges. No refund of any payments made in relation to the goods returned will be made until they are back in our possession.
7.3 We will refund the purchase price to you within 30 days of the cancellation notice but we reserve the right to charge a restocking fee and any other costs we incur in connection with the return of the Goods.
7.4 In the case of Goods which are made and supplied to your specification or which have been personalised for you (couture), you will not have the right to cancel the Contract.
8. RISK AND OWNERSHIP
8.1 The risk of loss or damage to Goods passes to you upon delivery. If you have agreed to collect the Goods from us, the risk in those Goods passes to you on collection (or 7 days after the date of the collection agreed between us if you have not collected the Goods by then).
8.2 Ownership in all Goods remains with us until full payment of all amounts due to us has been received from you.
8.3 You will be responsible for the safe custody and insurance of all Goods in your possession.
8.4 You have no right to re-sell any Goods until payment has been received in full by us.
9. WARRANTIES AND LIABILITY
9.1 We warrant to you that the Goods ordered by you will meet the description as shown on our website (or any other description given to you in writing).
9.2 We will not have any responsibility for any damage which occurs to the Goods after delivery.
9.3 If any defect in any Goods appears within 6 months of delivery, you must notify us as soon as you become aware of the defect, giving us full details. We will then decide, in consultation with you, whether the defect is our responsibility. If so, we may arrange either to repair the Goods or to replace them with similar Goods. Any defective Goods to be returned to us must be returned at your expense.
9.4 We do not accept any responsibility for any wear and tear, accidental damage or failure by you or by any third party to adhere to any written recommendation provided in relation to the Goods.
9.5 Liability to you for loss or damage under no circumstances must exceed in the total amount you have paid us for those Goods. (However, we acknowledge that we cannot exclude legal liability for death or personal injury which is proved to be due to our negligence).
10.1 If you wish to give us any notice relating to a matter covered by these Terms, whether you telephone us or not, you must confirm that notice in writing. In the case of email notices, these should be sent to [email protected] and you must send them so as to return an acknowledgement of receipt. Notice may be sent by post to Gina Shoes Ltd, 104-106 Brantwood Road, Tottenham, London, N17 OXW.
11. CUSTOMER DEFAULT
If you give us any incorrect personal information, or fail to make any payment when it is due, or cancel any payment, or become insolvent, or commit any breach of these Terms then, in any of those events, we have the right to cancel the Contract and recover possession of any Goods which have been supplied for which payment has not been received in full.
12. FORCE MAJEURE
We will not have any liability to you if we are prevented from performing any of our obligations on account of any circumstances beyond our reasonable control which includes, but is not limited to, extreme weather conditions, an act of God, terrorism, war, strike or difficulty in obtaining materials and/or labour. In any of these circumstances, we reserve the right to terminate the Contract.
13.1 Severance: If any provision in these Terms is held by a court to be unenforceable, that will not affect the remaining provisions of the Terms.
13.2 Entire Agreement: These Terms govern our relationship with you and in accepting them, you confirm that no other arrangement, agreement or representation applies.
14. INTELLECTUAL PROPERTY
All copyright, trademarks and all other intellectual property rights in the website and its contents (including without limitation the website design, text, graphics and all software and source codes as well as the colour scheme and the layout connected with the website) are owned by or licensed to us or otherwise used by us as permitted by law. You may not use this site, or any of its content, to further any commercial purpose whatsoever.
14.1 In accessing the website you agree that you will access the content solely for your personal, non-commercial use. None of the contents may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This does not exclude the downloading, copying and/or printing of pages of the website for personal, non-commercial home use only, save that the property in these shall at all times remain our property.
15.1 If there is a dispute which we cannot settle by direct negotiation it may be referred to mediation if agreed between us. In that event, the mediation will be conducted in accordance with the CEDR (Centre for Effective Dispute Resolution) mediation rules current at the date of the dispute.
15.2 Any dispute between us will be finally determined by the English courts and you agree to submit to the jurisdiction of those courts.
16. GOVERNING LAW
These Terms and the Contract between us are governed by English law.
Nothing in these terms and conditions affect your statutory legal rights.
17. GINA Gift Cards & Digital Gift Cards
A GINA Gift Card (“Gift Card”) is not a cheque guarantee, credit or charge card.
The minimum amount for a Gift Card is as follows. GBP 100, AED 500, EUR 100, USD 100, KWD 50, SAR 500. The maximum amount for a Gift Card is as follows GBP 5000, AED 23000, EUR 6000, USD 7000, KWD 2000, SAR 24000.
You may purchase a Gift Card online at www.gina.com. If purchasing online you will be required to confirm that you accept these Terms and Conditions.
Gift Cards shall expire 24 months after the date of issue. After this time the card and its value will become invalid. Gift Cards cannot be extended or re-activated once the expiry date is reached.
You may use a Gift Card to make purchases online via the GINA online shop at www.gina.com
The Gift Card is not accepted by third parties selling GINA products.
Only original Gift Cards will be accepted and must be produced when making your purchase.
A Gift Card can only be issued in the currency applicable to the country in which it is purchased or issued. For Gift Cards purchased through the online shop, the currency of purchase is determined based on your location. Gift Cards can only be redeemed against products sold in the same currency.
When you use a Gift Card, the amount of your purchase (including any sales taxes) will be deducted from the balance on the Gift Card. If your purchase totals less than the value of the Gift Card, any balance will be left as a credit for you on the Gift Card to spend in the future. Change will not be given.
If the amount of your purchase exceeds the balance on your Gift Card you will be required to pay the remaining price of the product by some other acceptable means.
You may obtain information about the remaining balance on the Gift Card contacting GINA Customer Services or by using the check balance facility on the GINA online shop at www.gina.com
A Gift Card can only be redeemed against GINA products; it cannot be redeemed or exchanged for cash or used to purchase a Gift Card.
Refunds will not be given for the purchase of a Gift Card.
A Gift Card is like cash. Lost, stolen or destroyed Gift Cards cannot be replaced. GINA is not responsible for any fraudulent or misuse of the Gift Card. GINA may request additional ID before a Gift Card can be redeemed.
Gift Cards are non-transferable and cannot be resold.
If your Gift Card becomes accidentally damaged or if you have any issues with using your Gift Card, please contact GINA Customer Services.
All refunds of goods or services purchased with a Gift Card will be made in accordance with GINA’s refund policy. This does not affect your statutory rights. Any refunds will be issued as a new Digital Gift Card.
GINA will cancel the value of a Gift Card if we fail to receive payment from the purchaser's bank or card company for the initial purchase of the Gift Card. Further action may be taken where the fraudulent use of a credit card is suspected. For cash purchases of £10,000 or more or in equivalent currencies more we will require proof of identification.
GINA reserves the right to amend these Terms & Conditions from time to time where we consider it reasonable and necessary to do so.
GINA Gift Cards, Digital Gift Cards, and these Terms & Conditions are issued by GINA shoes Limited, 104–106 Brantwood Road, London, N17 0XW, United Kingdom.