T&:Cs - Consumer
IMPORTANT: Please note that these terms and conditions only apply if you are buying products from us as a consumer.
This page (together with our returns policy and any other documents referred to on this page) tells you the terms and conditions (Terms) on which we supply any of the products (Products) listed on our website gaia-tech.com and all associated pages (our Site) to you. Please read these Terms carefully before ordering any Products from our Site. You should understand that by ordering any of our Products, you agree to be bound by these Terms. You should print a copy of these Terms for future reference.
By clicking the button marked ‘Pay Now’ you accept the Terms. Please understand that if you refuse to accept these Terms, you will not be able to order any Products from our Site.
- 1.1The Site is operated by Gaia Technologies (we). We are registered in England and Wales under company number 3141826 and with our registered office at Woodlands House, Parc Britannia, Parc Menai, Bangor, Gwynedd, LL57 4FA (UK). Our VAT number is GB 927 4803 08.
- 1.2In these Terms, the following rules apply:
- 1.2.1A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
- 1.2.2A reference to a party includes its personal representatives, successors or permitted assigns.
- 1.2.3A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
- 1.2.4Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
- 1.2.5A reference to writing or written includes faxes and emails.
- Use of the Site and Service availability
- 2.1Your use of the Site is governed by our Terms of Website Use. Please take the time to read these terms, as they include important terms which apply to you.
- 2.2Our Site is only intended for use by people resident in the United Kingdom (mainland only) and we reserve the right to not accept orders from individuals resident elsewhere.
- Your status
By placing an order for Products through our Site (Order), you warrant that:
- 3.1you are legally capable of entering into binding contracts;
- 3.2you are at least 18 years old;
- 3.3you are resident in the United Kingdom (mainland, Channel Islands, Isle of Man and Isle of Wight only);
- 3.4you are accessing our site from the United Kingdom (mainland, Channel Islands, Isle of Man or Isle of Wight); and
- 3.5if you are purchasing digital downloads from our Site, you will download such Products from the United Kingdom.
It is a crime to use a false name or a known invalid payment method to place an order. We may track every order placed on our Site to enable us, and all legitimate crime prevention and prosecution authorities, to trace individual users engaging in criminal activities on or using our Site.
- How the Contract is formed between you and us
- 4.1After placing an Order, you will receive an email from us acknowledging that we have received your Order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to us to buy a Product. All Orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that your payment has been processed (the Payment Confirmation) The contract between us (Contract) will only be formed when we send you the Payment Confirmation.
- 4.2The Contract will relate only to those Products we have confirmed in the Payment Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the acceptance of such Products has been confirmed in a separate Payment Confirmation.
- 4.3Any drawings, photographs or advertising we issue, and any photographs or illustrations contained on our Site, are issued or published solely to provide you with an approximate idea of the Products shown. There may be slight variations between these photographs or illustrations and the Products which you receive. Full detailed specifications are available from the manufacturer's brochures or their websites. We will supply the product as supplied to us by the manufacturer.
- 4.4If any of these Terms conflict with any term of the Order, these Terms will take priority.
- 4.5We shall assign an order number to the Order and inform you of it in the Payment Confirmation. Please quote the order number in all subsequent correspondence with us relating to the Order.
- 4.6If we are unable to supply you with Products, for example because those Products are not in stock or are no longer available, 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.
- Your right to cancel
If you wish to return a Product which is faulty please refer to clause 9.
- 5.1You can cancel an Order at any time before you receive your Payment Confirmation. After your Payment Confirmation is received, subject to clause 5.3, you have a legal right to cancel an Order which begins on the date of the Payment Confirmation and ends 14 days following the day after you receive your Products. This means that during this period if you change your mind or for any other reason you decide you do not want the Products, you can notify us of your decision to cancel the Order and receive a refund.
- 5.2To cancel a Contract, you must inform us in writing in one of the following ways:
- - Phone or email. Call customer services on 01248 675 800 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the Order and, where available, your phone number and email address.
- - By post. Or simply write to us as that address, including the information required in the form.
- 5.3You will not have any right to cancel a Contract for the supply of any of the following Products:
- 5.3.1computer software which has been unsealed;
- 5.3.2consumable goods except where a fault has been discovered that could not have been identified without unsealing the Products; and
- 5.3.3digital downloads once you have begun to download the digital content.
- Availability and delivery
- 6.1Your Order will be fulfilled by the delivery date set out in your order confirmation or dispatch email or, if no delivery date is specified, then, subject to clauses 6.3 and 6.5, within 30 days of the date of the Payment Confirmation. We ask that you inform us if you have not received your Products within seven days of the delivery date.
- 6.2Delivery will take place when we deliver the Products to the address specified in your Order. Unfortunately, we may not be able to change the delivery address after your order has been dispatched. If you wish to change the delivery address after your Order has been dispatched and if we are able to process the change, a charge of up to £10 will be made (a redirection approval is subject to your order and account status).
- 6.3Orders placed before the specified cut off time will be processed the same day and will be delivered in accordance with your delivery request providing further security checks are not required and all of the Products are available.
- 6.4If our supply of the Products is delayed by a Force Majeure Event (see clause 14) then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided that we do this, we will not be liable for delays caused by the Force Majeure Event but if there is a risk of substantial delay, you may contact us to end the Contract and receive a refund.
- 6.5Someone will need to be present at the delivery address to accept the Order. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.
- 6.6If, 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 refund any money which you have paid. We reserve the right to deduct our reasonable costs.
- 6.7You have legal rights if we deliver any Products late. If, subject to clause 6.4, we miss the delivery deadline for any Products and if any of the following apply then, unless we agree otherwise with you, you may treat the Contract as at an end straight away:
- 6.7.1we have refused to deliver the Products;
- 6.7.2delivery within the delivery deadline was essential (taking into account all the relevant circumstances) or you told us before we accepted your Order that delivery within the delivery deadline was essential.
- Risk and title
- 7.1The Products will be at your risk from the time of delivery.
- 7.1Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
- Price and payment
- 8.1The price of any Products will be as quoted on our Site from time to time, except in cases of obvious error (please refer to clauses 8.4 and 8.5 below).
- 8.2These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Information
- 8.3Prices are liable to change at any time, but (other than in the case of: incorrect pricing where clause 8.4 will apply; or an obvious pricing error where clause 8.5 will apply) changes will not affect orders in respect of which we have already sent you a Payment Confirmation.
- 8.4Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our advertised price or the amount stated in your Payment Confirmation, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our Site / on the Payment Confirmation, we will contact you for instructions before dispatching the Product.
- 8.5We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Payment Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
- 8.6We accept payment by Visa, Visa Electron, Mastercard, Maestro, Paypal or finance arranged through one of our third party partners. We shall not dispatch any Products until we receive cleared funds. Please be aware that if you are using Paypal as your payment method we reserve the right not to ship to unconfirmed addresses.
- 8.7Your credit/debit card details will be encrypted by us to minimise the possibility of unauthorised access or disclosure. Please refer to our privacy and cookies policy for more details. Authority for payment must be given at the time of order. If there is a problem taking payment for all or part of your order, we may contact you by telephone or email.
- Your right to reject the Products / if the Products are faulty
- 9.1If you have any questions or complaints about the Products, please contact us. You can contact us by telephoning our customer service team at 0371 5213300, by writing to us at Gaia Technologies (UK), Woodlands House, Parc Britannia, Parc Menai, Bangor, Gwynedd, LL57 4FA (UK) or email@example.com or by using our live chat.
- 9.2The statutory rights summarised below are in addition to any manufacturer’s warranty which is offered with your Products, such warranties will vary from Product to Product.
This is a summary of your key legal rights. These are subject to certain exceptions. 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 goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your goods your legal rights entitle you to the following:
The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality.
- - up to 30 days: if your item is not as described, not fit for purpose or not of satisfactory quality, then you can get a refund;
- - up to six months: if a faulty item cannot be repaired or replaced, then you are entitled to a full refund, in most cases; and
- - if you experience a fault after six months, you may still be entitled to a repair or replacement, or, if that does not work, some of your money back. This will depend on the expected life of your product and the duration of the manufacturer’s warranty; and will only apply for a maximum of six years.
- - if your digital content is not as described, not fit for purpose or not of satisfactory quality, you are entitled to a repair or a replacement;
- - if the issue cannot be resolved, or if it has not been fixed within a reasonable time and without significant inconvenience, you can get some, or all of your money back; and
- - if you can show that a fault has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation.
- 9.3For more information about returning Products, see our Returns Policy.
- Repairs, replacements and refunds
- 10.1When you return a Product to us:
- 10.1.1because you have cancelled the Contract between us within the 14 day cooling-off period, we will process your refund in accordance with clause 5.2;
- 10.1.2for any other reason (for instance, because you claim that the Product is defective) we will examine the returned Product and, if you are entitled, we will contact you by email within a reasonable period of time to discuss with you whether you would like us to either repair, replace or refund the Product. We will usually process your repair, replacement or refund as soon as possible and, in any case, within 30 days of receiving the defective Product. If you elect for a refund of a Product returned by you because of a defect, it will be refunded as per our refunds policy (we reserve the right to verify that there is a fault), including a refund of the part of the delivery charge relating to sending the defective Product to you. Gaia Technologies will offer a free collection for defective products, however at your discretion you may arrange to return the product via your own courier method and Gaia Technologies will refund up to a maximum of £3.50. This will only be refunded upon the receipt of proof of the carriage costs. If you are entitled to a repair or replacement of a defective Product we will not charge you for redelivery of the repaired or replaced Product.
- 10.2Non-faulty returns will not be accepted for electronic software downloads unless you inform us within 7 working days of receipt of the item and it can be proven that the Licence Key has not been viewed. For faulty Products, returns will only be accepted if the product itself is deemed to be defective by the manufacturer in accordance with the End-User Licence Agreement or it can be proven that the Licence Key has not been exposed. We will replace any damaged or non-conforming Software Product Key upon receipt of the manufacturer’s confirmation that the item is faulty. We do not cover faults caused by accident, neglect, misuse or normal wear and tear.
- 10.3If an Order is over 6 months old and we have confirmed that the Product is defective and a refund is due then:
- 10.3.1if the Product is found to have been faulty at the time of purchase, clause 10.1.2 will apply; or
- 10.3.2if the Product was not faulty at the time of purchase, the refund will be calculated based on the age of the Order and you will be refunded a proportionate amount of the original purchase price of the Product. This does not include the carriage cost of the original Order which will not be refunded.
- 10.4Refunds of any money received from you will be made using the same payment method originally used by you to pay for your purchase and paid back into the same account.
- Our liability
- 11.1Subject to clause 11.2, we warrant to you that any Product purchased from us through our Site is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied. This warranty does not apply to any defect in the Product arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Product in a way that we do not recommend, your failure to follow instructions, or any alterations or repair you carry out without our prior written approval.
- 11.2You accept that any Products purchased which are listed as grade A, grade B, ex-display products or used stock (meaning they may have slight cosmetic defects, be a factory refurbished item or may have previously been sent out and sent back as an unwanted item) have a warranty of 90 days for grade A and ex-display and 30 days for grade B. Where products are grade A, grade B, ex-display or used stock it will be noted in the Product description on the site.
- 11.3Our liability for losses you suffer as a result of us breaching the Contract is strictly limited to the purchase price of the Product you purchased.
- 11.4This does not include or limit in any way our liability:
- 11.4.1death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
- 11.4.2under section 2(3) of the Consumer Protection Act 1987;
- 11.4.3for fraud or fraudulent misrepresentation;
- 11.4.4for any deliberate breaches of these Terms by us that would entitle you to terminate the Contract between us; or
- 11.4.5for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- 11.5We will not be liable for any indirect or consequential losses or for any of the following types of loss whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable:
- 11.5.1loss of income or revenue;
- 11.5.2loss of business;
- 11.5.3loss of profits or contracts;
- 11.5.4loss of anticipated savings; or
- 11.5.5loss of data.
- Data Protection
Except as expressly set out in these Terms, all use of your personal information will be made in accordance with our privacy and cookies policy.
- Events outside our control
- 13.1We 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 events outside our reasonable control (Force Majeure Event).
- 13.2A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- 13.2.1strikes, lock-outs or other industrial action;
- 13.2.2civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- 13.2.3fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- 13.2.4impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- 13.2.5impossibility of the use of public or private telecommunications networks;
- 13.2.6the acts, decrees, legislation, regulations or restrictions of any government.
- 13.3Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event 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 Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- Other important terms
- 14.1Applicable laws require that some of the information or communications we send to you should be in writing. When using our 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 our website. 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.
- 14.2All notices given by you to us must be given to Gaia Technologies, Woodlands House, Parc Britannia, Parc Menai, Bangor, Gwynedd, LL57 4FA or by email to firstname.lastname@example.org. We may give notice to you at either the email or postal address you provide to us when placing an Order. Notice will be deemed received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter. 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 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.
- 14.3The Contract between you and us is binding on you and us and on our respective successors and assigns.
- 14.4You may only transfer, assign, charge or otherwise dispose of this Contract, or any of your rights or obligations arising under it if we agree in writing.
- 14.5If 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.
- 14.6Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
- 14.7We intend to rely upon these Terms and any document expressly referred to in them in relation to the subject matter of any Contract. 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 and conditions to be confirmed in writing.
- 14.8We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
- 14.9You will be subject to the policies and Terms in force at the time that you order Products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Payment Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Products).
- 14.10The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
- 14.11These Terms are governed by English law. You agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.
Bangor, Gwynedd, LL57 4FA (UK)
VAT registration number GB 927 4803 08