Terms & Conditions
OUR TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are G Barra Ltd a company registered in England and Wales. Our company registration number is 10887050 and our address is Unit 5 Swinstead Close, Nottingham, Nottinghamshire, NG8 3JG. Our registered VAT number is 293677452.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0115 929 9582 or by writing to us at gbwear.uk@graciebarra.com or completing our ‘Contact Us’ form on our website.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in any images on our website.
4.3 Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. If you need information and tips on how to measure please contact us.
5. Your rights to make changes
6.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements.
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website on the delivery options page.
7.2 When we will provide the products.
Subject to clause 7.4, a courier will deliver the products to you as soon as reasonably possible and will contact you with an estimated delivery date, which will be within 10 Working Days after the day on which we accept your order. If you have opted to collect the products from our premises, we will let you know when your products are ready for collection, which will be within the timeframe set out above in this clause 7.2.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we (where you have opted to collect the product from our premises) or our courier (where you have opted for products to be delivered) will contact you as soon as possible to let you know and will take steps to minimise the effect of the delay. Provided we or our courier (as applicable) does this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our courier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
(a) If you have opted to collect the products from our premises, you can collect them from us at any time during our working hours of 8am to 4.30pm on weekdays (excluding public holidays).
(b) If you wish for the products to be delivered once we have notified you that they are available to collect from our premises, you must contact us to arrange delivery. We will inform you of the costs of delivery and the products will not be dispatched from our premises until you have paid for the costs of delivery. Our courier will deliver the products to you as soon as reasonably possible and will contact you with an estimated delivery date, which will be within 1 week after the date on which you pay the delivery costs.
7.6 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 11.2 will apply.
7.7 (Consumers only) Your legal rights if we deliver goods late. If you are a consumer customer you have legal rights if we deliver any goods late. If our courier misses the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
(a) our courier has refused to deliver the goods;
7.8 (Consumers only) Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.9 (Consumers only) Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.7 or clause 7.8, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must post them back to us. We will pay the costs of postage. All returns must include a completed Cancellation Form stating the reason for returning.
7.10 When you become responsible for the goods. The goods will be your responsibility from the time our courier delivers the product to the address you gave us or, if applicable, the time the goods are collected from us.
7.11 When you own goods. You own a product which is goods once we have received payment in full.
7.12 What will happen if you do not give required information to us. We need certain information from you so that our courier can supply the products to you, for example, a delivery address and telephone number. If so, this will have been stated on our website when placing your order. We will contact you in writing to ask for this information if we need it verifying. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.13 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 6).
8. International Delivery
8.1 Our courier delivers our products to countries outside of the UK. If you order products from our site for delivery to a country outside of the UK, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
8.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
8.3 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.
8.4 Delivery of the products outside of the UK may be delayed due to customs clearance. You acknowledge that we have no control nor any liability for delays of product delivery caused by customs clearance.
9. Your rights to end the contract
9.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(c) (Consumers only) If you have just changed your mind about the product, see clause 9.4. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 9.8.
9.2 Products purchased through a third-party retailer. Where you have purchased products through a third party retailer (including but not limited to a Gracie Barra School) you must contact the school directly in respect of any products purchased.
9.3 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
9.4 (Consumers only) Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
9.5 (Consumers only) Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by G Barra Limited of Unit 5 Swinstead Close, Nottingham, Nottinghamshire, NG8 3JG to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 12):
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Right under the Consumer Contracts Regulations 2013 |
How our goodwill guarantee is more generous |
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14 day period to change your mind. |
30 day period to change your mind. |
9.6 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
(b) products that have been washed, and/or worn, used and/or where the original tags/labels have been removed;
(c) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(d) any goods that have been personalised; and
(e) any products which become mixed inseparably with other items after their delivery.
9.7 (Consumers only) How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
Have you bought goods (for example, a Kimono)?, if so you have 30 days after the day you (or someone you nominate) receives the goods, unless Your goods are split into several deliveries over different days. In this case you have until 30 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
9.8 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 9.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
10. How to end the contract with us (including where you are a consumer and you have changed your mind)
10.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(b) Online. Complete the form on our website.
10.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us with a completed Cancellation Form (this is available to download from the ‘Help’ section of our website under ‘Returns and Exchanges’). Please contact us on one of the methods detailed in clause 10.1 above and we will either provide you with a returns label, or give you details on how you may return the product to us directly at our premises. If you choose to post the products back to us you must address the parcel to us at G Barra Limited, 5 Swinstead Close, Nottingham, NG8 3JG. If you are exercising your right to change your mind you must send off the goods within 30 days of telling us you wish to end the contract.
10.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
10.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
10.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 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.
10.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from 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 about how to return a product to us, see clause 10.2.
11. Our rights to end the contract
11.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(d) you are a Gracie Barra school and you do not pay your licence fee on the due date for payment. If you wish to re-order the products and do not pay your licence fee, you will have to order products as a retail customer and will be charged at the retail customer rates.
11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
12. If there is a problem with the product
12.1 How to tell us about problems. We are under a legal duty to supply products that are in conformity with this contract and nothing in these terms will affect your legal rights. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0115 929 9582 or write to us at gbwear.uk@graciebarra.com or complete our ‘Contact Us’ form which can be found on our website.
12.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us along with a completed Returns Form and label. Clause 10.2 sets out how you may contact us to obtain a returns label. We will pay the costs of postage.
12.3 Reasons for return.
(a) On Arrival. If you notice that the goods, on arrival:
(i) are faulty; or
(ii) are damaged; or
(iii) are not what you ordered; or
(iv) there are some of the goods or part of the goods missing,
you should either not accept them from the courier or sign the delivery note to indicate the nature of the problem. You should contact us (see clause 12.1) as soon as you become aware of the problem, generally not more than 5 days after delivery to let us know of the problem and we will provide you with a returns label. On receiving the goods back at our warehouse we will inspect the goods to investigate the problem and we may either replace, repair, refund or provide other assistance depending on the circumstances according to these terms and conditions.
(b) Subsequent to arrival – if there is a problem with the goods. If subsequent to delivery you notice that:
(i) the goods are faulty; or
(ii) the goods are damaged; or
(iii) the goods are not what you ordered; or
(iv) there are some of the goods or part of the goods missing
you should contact us (see clause 12.1) as soon as you become aware of the problem, generally not more than 5 days after delivery to let us know of the problem and we will provide you with a returns label. On receiving the goods back at our warehouse we will inspect the goods to investigate the problem and we may either replace, repair or provide other assistance depending on the circumstances according to these terms and conditions.
12.4 An important exception to the above. Our returns policy does not cover goods which are faulty or damaged when the fault or damage is caused by you. This covers situations where:
(a) you have not followed the instructions for use as displayed on our website under the ‘Product Details’ ‘Wash & Care’ section;
(b) you have not followed the instructions for use as detailed on the tags/labels attached to our products when delivered to you;
(c) you have used the goods and they have become ripped or torn as result of that use;
(d) you have altered or attempted to repair the goods;
(e) such fault or damage is as a result of fair wear and tear, wilful damage or unusual storage conditions.
13.1 Where to find the price for the product. The prices of the product (inclusive of VAT for products where VAT applies) will be the price indicated on the order pages when you placed your order. The checkout page on our website includes a breakdown of the VAT applicable to the relevant product. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the product you order.
13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
13.4 When you must pay and how you must pay. We accept payment through Stripe Inc.
You must pay for the products when your order is placed.
13.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.
14. Our responsibility for loss or damage suffered by you
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is 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 Our responsibility for loss or damage suffered by you if you are a business customer. Subject to clause 14.3:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the total sum paid by you for the product(s) under the contract.
14.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12 .
14.4 We are not liable for business losses. If you are a consumer, we only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose (even where you are a business) we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.5 Use of goods within the UK. We do not warrant that the Goods comply with the laws, regulations or standards outside of the UK.
14.6 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
15. How we may use your personal information
15.1 How we may use your personal information. We will only use your personal information as set out in our [LINK TO PRIVACY POLICY].
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
16.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee at clause 9.5 to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
16.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 16.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings. These terms 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 or the English courts.
(Complete and return this form only if you wish to cancel your order)
Schedule 2 Returns Form
(Complete and return this form only if you wish to return your product to us)
