Terms & Conditions

Please read all these terms and conditions as we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything please email us at Hello@LowGravityClimbing.com

Application

These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Low Gravity Climbing with email address Hello@LowGravityClimbing.com (the Supplier or us or we).

 

These are the terms on which we sell all goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

 

Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

 

Contract means the legally-binding agreement between you and us for the supply of the Goods;

 

Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;

 

Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

 

Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;

 

Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;

 

Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

 

Website means our website www.LowGravityClimbing.co.uk on which the goods are advertised.

Goods

 

The description of the Goods is as set out in the Website, catalogues, brochures or other forms of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size, colour or brand of the Goods supplied. We reserve the right to send you a similar product if the item ordered is unavailable. The items sent will be of equal or higher value and equally suitable for the purpose intended.

 

In the case of any Goods made to your special (custom and bespoke products) requirements, it is your responsibility to ensure that any information or specification you provide is accurate. We cannot offer refunds for artwork or text supplied that has been entered or uploaded incorrectly. It is your responsibility to check this before submitting your order to us.

 

All Goods which appear on the Website are subject to availability.

 

We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal information

 

We retain and use all information strictly under the Privacy Policy.

 

We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

 

Basis of Sale

 

The description of the Goods on our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

 

The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

 

A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.

 

Any quotation is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.

 

No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

 

We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. We do not accept terms or conditions by you.

 

Rights to use Content or Uploaded Images

 

You warrant that you have appropriate intellectual property rights and any other required permissions or licenses to use all content, data or details you ask us to use or which you upload to our website. You agree to indemnify us and hold us harmless for all liability resulting from any breach of copywright including the above mentioned breach intellectual property warranty.

 

All images or artwork, or any element of such images or artwork provided by us, are protected by the laws of copyright and may not therefore be used or copied without our permission. 

 

We give you permission to use our artwork to make items if they are for personal or domestic use/non-commercial purposes; or (ii) for sale locally to raise funds for charity and/or community purposes. This permission does not extend to allow sale through commercial retail outlets, via the internet or via social media. The only exemption to this is if the artwork is supplied under our clipart section using our design online tool. 

 

Price and Payment

 

The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing. Price changes may occur over a period of time and will be updated on our website.

You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods. you may be required to pay import duties and taxes when your order reaches your country. These and any additional charges for customs clearance are your responsibility.

Payments can be made by card, PayPal or Cheque. Card payments are made by using our high security payment system through Stripe/Shopify.

 

Delivery

 

We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into. Our normal delivery times are between 1-5 working days UK and 1-3 weeks international orders, but large orders can around 14 - 30 days. 

 

In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:

a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the

Contract was made, or you said to us before the Contract was made that delivery on time was essential; or

b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

 

If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

 

If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us.

 

If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

We do deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. However, you may need to pay import duties or other taxes, as we will not pay them.

 

You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

 

If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

 

The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

 

It is Your responsibility to check for entering complete and accurate delivery postal details. We will not be liable for any lost orders owed to incorrect information given.

 

We do not deliver to multiple addresses on any one order. Should you need us to post to multiple addresses please contact us first.

 

Risk and Title

 

Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

 

You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

 

Withdrawal, returns and cancellation

 

You can withdraw the Order by telling us before the Contract is made if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

 

This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:

Goods that are made to your specifications or are clearly personalised; this Includes all custom made Items.

 

Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:

 a. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

Right to cancel

 

Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason if the products ordered have not been shipped and a full refund will be given, if the products have been shipped, you can return them to us (at your own cost) and a full refund will be made once we have received the items and deemed they are in a sellable condition.

 

The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.

 

To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email). In any event, you must be able to show clear evidence of when the cancellation was made.

 

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation in the cancellation period

Deduction for Goods supplied

We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Timing of reimbursement

once we have received the goods back from you and have deemed they are in a sellable condition we will reimburse you the full amount 

 

We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

 

If you have received Goods in connection with the Contract which you have canceled, you must send back the Goods without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.

 

For the purposes of these Cancellation Rights, these words have the following meanings:

 a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

 b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

 

Conformity

 

We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

 

Upon delivery, the Goods will:

 a. be of satisfactory quality;

 b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and

 c. conform to their description.

 

It is not a failure to conform if the failure has its origin in your materials.

 

Successors and our sub-contractors

 

Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

 

Circumstances beyond the control of either party

 

In the event of any failure by a party because of something beyond its reasonable control:

 a. the party will advise the other party as soon as reasonably practicable; and

 b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.

 

Excluding liability

 

The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

Governing law, jurisdiction and complaints

 

The Contract (including any non-contractual matters) is governed by the law of England and Wales.

 

Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

 

We try to avoid any dispute, so we deal with complaints in the following way: If you wish to make a complaint, please fully detail your issue and e-mail: Hello@LowGravityClimbing.com and we will fully investigate the matter and respond to the complaint within 14 working days or less if possible.

 

Email address: Hello@LowGravityClimbing.com

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