Terms & CONDITIONS

 

OVERVIEW

This website is operated by Gemma Roe. Throughout the site, the terms “we”, “us” and “our” refer to Gemma Roe. Gemma Roe offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

These terms of use were last updated on August 29th 2019.

This page together with our Data Protection Policy tells you information about us and the legal terms and conditions (‘Terms’) on which we sell any of the products (‘Products’) listed on our website (‘our site’) to you.

These Terms will apply to any contract between us for the sale of Products to you (‘Contract’). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated in August 2019.

These Terms, and any Contract between us, are only in the English language.

PROMOTIONAL CODES

  1. Promotion codes are non-transferable and there is no cash alternative.

  2. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.

  3. Please note the date provided may be extended or amended at any time.

INFORMATION ABOUT US

1.1 We operate the websites www.gemmaroe.co.uk. We are Gemma Roe LTD, a company registered in England and Wales under company number 08199052 and our registered office and main trading address is 84 Lower Street, Rugby, United Kingdom, CV21 4NU. Our VAT number is GB185945066.

PRODUCTS AND AVAILABILITY

2.1 While we make every effort to ensure that the photographs displayed on our site are faithful reproductions of the original products, including adopting every technological solution possible to minimise inaccuracies, variations may occur due to the technical and colour resolution characteristics of your computer and the handmade nature of the products. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy. We have made every effort to display as accurately as possible the colours and images of our products that appear true to the original products. We cannot guarantee that your computer monitor's display of any colour will be accurate. Gemma Roe LTD shall not be liable therefore for the eventual inadequacy of the graphic representations of Gemma Roe products displayed on the Site owing to the above mentioned technical and production issues.

2.2 You acknowledge that the products offered by us with the Service are either pre-ordered with an estimated delivery time frame or subject to stock limits.

2.3 You may check the availability of any item offered on our site at any time by checking the sizes available. Any size not available on the item profile has sold out. Inconveniences may occasionally occur regarding the availability of certain products. In such circumstances, we will inform you of this fact as soon as possible (and in any case within the term of delivery as specified below) by e-mail or telephone. We will give you the option to order a different item of the same type or alternatively, to cancel your order. Should you opt to cancel your order no charge will be made to your credit/debit card. In the event that your credit/debit card has already been charged, you will be refunded as soon as possible. 

2.4 We reserve the right to change the items offered on our site at any moment, without prior notice.

2.5 We reserve the right to reject orders from any customer with whom there is an ongoing legal dispute regarding a prior order. This applies equally to all cases in which we consider the customer unsuitable, for instance in the case of previous violations of terms and conditions for online purchases on our site or for whatever other legitimate reason, especially where the customer has been involved in irregular activity of any kind.

2.6 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

2.7 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

USE OF OUR SITE

3.1 Your use of our site is governed by our:

3.2 Website Terms and Conditions; and

3.3 Data Protection Policy

3.4 Cookie Policy 

Please take the time to read these, as they include important terms which apply to you.

HOW WE USE YOUR PERSONAL INFORMATION

4.1 We only use your personal information in accordance our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

CONSUMER PROVISIONS

5.1 You may only purchase Products from our site if you are at least 18 years old.

5.2 You have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

6.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

6.2 The order procedure is completed when you select the “Confirm” option. Upon confirmation, your order will be submitted to us for processing and the order may not be changed or cancelled except as expressly provided in these Terms and Conditions or as required by the applicable law.

6.3 Confirmation of your order will be taken as proof of your acceptance of the provisions contained in these Terms and Conditions.

6.4 The data recorded on the Site shall be treated as conclusive evidence of the details of the transactions between you and us. In the event of a dispute relating to a transaction conducted on our site, the data recorded by us shall be treated as legal evidence of the transaction.

OUR RIGHT TO VARY THESE TERMS

7.1 We may revise these Terms from time to time in the following circumstances:

7.1.1 changes in how we accept payment from you;

7.1.2 changes in relevant laws and regulatory requirements; and

7.1.3 Any other reasonable circumstances.

7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the outset of these Term and Conditions.

YOUR RIGHT OF CANCELLATION

NOTE: This clause 8 only applies if you are a consumer and if you are a UK or European Community citizen. If you are purchasing Products from outside of the European Community please see clause 10 below.

8.1 You have a legal right to cancel a Contract during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product or Products, you can notify us of your decision to cancel the Contract and receive a refund. This is only applicable on items we have that are in stock. Any pre-ordered items or made to order items can therefore not be refunded. A credit amount of the item amount will be applied to your account for the same value of the goods purchased should the item be faulty, or an exchange will be granted for the same product.  If you are a UK citizen advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.

8.2 However, this cancellation right does not apply in the case of any made-to-measure or custom-made products and/or products made to your specification or clearly personalised.

8.3 Your legal right to cancel a Contract starts from the date of the order confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Product. Working days means that Saturdays, Sundays or public holidays are not included in this period.

8.4 To cancel a Contract, please contact us in writing to tell us by sending an e-mail to or by sending a letter in either case headed ‘Notice of Contract Cancellation ‘to Gemma Roe LTD, 84 Lower Street, Rugby, United Kingdom, CV21 4NU or e-mail us. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.

8.5 [If you refuse delivery or if for any other reason delivery of the Product does not occur then the Product will be returned to us by our shipper and we shall assume less you advise us to the contrary that you have cancelled the Contract. This does not apply to pre-ordered or custom products - see above 8.2]

8.6 We recommend that you insure the return shipment as you are under a duty to take reasonable care of the Product and will be liable for damage to them until we actually receive them at our warehouse. We also recommend that you use a secure, trackable means to return your order to us. Product the subject of cancellation must be shipped to DHL Supply Chain, C/O Gemma Roe, Edison Road, Hams Hall, Birmingham, B46 1DA, United Kingdom. You should retain proof of sending, in case of a dispute.

8.7 Please note that you must cover the cost of the return shipment, as our returns policy does not apply to orders cancelled under the Distance Selling Regulations.

8.8 Product should be returned to us with their original packaging and footwear must be tried on soft carpeted surfaces only. Product must be unused, unworn and in an unaltered condition. Product must be sent from the country that the order was delivered to.

8.9 Subject to compliance with clause 8.8 above will refund the full value of your order, minus shipping costs, within 30 days of receiving your notice of contract cancellation.

8.10 Please note you may only use your right to cancel the order under the DSRs if you give us formal written notice of cancellation any time after your order has been placed, up until 7 working days from the day after you received you order, as described above.

RETURNING PRODUCT

NOTE: For the avoidance of doubt if you are ordering Product from outside of the European Union (EU) please carefully read the Note at the beginning of Clause 8 which explains that no right of cancellation applies to you. Your only rights to return Product are set out in this clause 9.

9.1 You must upon receipt immediately check all Product you receive against your order. If the Product you receive is damaged, defective or in any way incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by post or e-mail only) as soon as possible but in any case within a reasonable period of time. Product must be returned with its original packaging and footwear must be tried on soft carpeted surfaces only. Product must be unused, unworn and in an unaltered condition.

9.2 We may also agree to allow any Product not falling within the above to be exchanged once following purchase subject to the requirements set out in clauses 9.3 and 9.4 below.

9.3 To return a product you will need to visit www.gemmaroe.co.uk/delivery-returns to book in your return and fill out the form included in your order.

9.4 Any return must be made in a single delivery shipment and any fragmented returns may incur additional costs payable by you to us. It is imperative that you follow our instructions for the return of your items and that all goods are shipped back to us within 14 days of delivery.   

9.5 If you have purchased Product from us from outside the EU you are wholly responsible for the payment of all taxes and duties on any supply of Product. We cannot under any circumstances refund such taxes/duties. You must deal with this application directly with the appropriate authority. Additionally any returns of Product from outside the EU, will incur a return shipping charge which shall be deducted by us from your credit/debit card.

9.6 We recommend that you retain proof of sending, in case of a dispute.

9.7 Any refunds given by us will be made to the debit/credit card account provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged or degraded on return.

9.8 Please note card refunds may take up to 10 business days for your bank to complete, depending on their processing time. This can vary greatly between card issuers, and unfortunately we are unable to influence this.

9.9 This returns policy does not affect your legal and statutory rights.

PRICE OF PRODUCTS AND DELIVERY CHARGES

10.1 Our site contains a large number of Products. It is always possible that, despite our efforts to the contrary, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or alternatively you may cancel your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

10.2 UK VAT is applied to all orders shipping to the EU. The prices shown on this website are inclusive of UK VAT.

10.3 Sales made to customers outside of the EU are dealt with in clause 11 below.

10.4 Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

INTERNATIONAL SALES AND DELIVERY

11.1 We ship DDU (delivery duty unpaid) to certain destinations outside the EU. Product prices displayed on our website are inclusive of UK VAT. In checking out, if you have selected a country outside the EU to ship to the VAT will be removed from the price during the checkout process. As the recipient, you are liable for all import duties, customs and local sales taxes levied by the country you are shipping to; payment of these is necessary to release your order from customs on arrival. We are unable to advise or predict the amount. You alone shall be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

11.2 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.

11.3 We are unable to ship certain products outside the EU including products made of or containing CITES restricted materials. We will make an effort to indicate on the product pages if the product will not ship outside the EU. In checking out, based on your shipping destination, you may be blocked from checking out with these products in your cart and you will need to either remove them or change your ship to destination to proceed with your order.

SHIPPING INFORMATION

12.1 Your order will be fulfilled by within 8 weeks of receipt for pre-ordered goods unless there is an Event Outside Our Control. (This phrase is this defined below). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date. Estimated delivery times by country can be viewed once your item has been dispatched and with our delivery partner.

12.2 Delivery will be completed when we deliver the Products to the address you gave us.

12.3 Please make sure that the shipping address is correct as we’re unable to change this once an order has been placed.

12.4 Before we can dispatch your order, we may need to confirm your details with your card issuer. We will do our best to keep delays to a minimum.

12.5 We insure each purchase whilst in transit and until it is delivered to you. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by us and transfer of responsibility in the same way.

12.6 DHL and DPD can deliver to certain destinations without obtaining a signature. Please note, that if you choose this option and no signature is collected, either leaving in a safe place or with a neighbour, you agree to our terms and conditions and, confirm that Gemma Roe can leave your package(s) outside the premises at the shipping address provided by you or with a neighbour without obtaining a signature for proof of delivery and take full responsibility for any loss or damage that may occur. On occasion, DHL or DPD may refuse to deliver your order if they are of the opinion that the shipping address is considered to be unsafe.

HOW TO PAY

13.1 You can pay for Products using a debit card or credit card. We accept the following cards: Visa, Visa Debit, Mastercard, Maestro, American Express. We also accept payment via PayPal and Apple Pay.

13.2 Payment for the Products and all applicable delivery charges is in advance.

OUR LIABILITY IF YOU ARE A CONSUMER

14.1 This clause 14 only applies if you are a consumer.

14.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

14.3 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.4 We do not in any way exclude or limit our liability for:

14.5 death or personal injury caused by our negligence;

14.6 fraud or fraudulent misrepresentation;

14.7 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

14.8 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

14.9 defective products under the Consumer Protection Act 1987.

EVENTS OUTSIDE OUR CONTROL

15.1 We 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.

15.2 An ‘Event Outside Our Control’ means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

15.4 we will contact you as soon as reasonably possible to notify you; and

15.5 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

COMMUNICATIONS BETWEEN US

16.1 When we refer, in these Terms, to “in writing”, this will include e-mail.

16.2 If you are a consumer:

16.3 To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you must contact us in writing by sending an e-mail or by sending a letter to Gemma Roe LTD, 84 Lower Street, Rugby, United Kingdom, CV21 4NU in either case headed ‘Notice of Contract Cancellation.’

16.4 OR please contact our Customer Services by e-mail. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.

16.5 If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to Gemma Roe LTD, 84 Lower Street, Rugby, United Kingdom, CV21 4NU.

16.6 If we have to contact you or give you notice in writing, we will do so by e-mail, by pre-paid post to the address you provide to us in your order, or by phone.

OTHER IMPORTANT TERMS

17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of your Contract to the recipient of the gift without needing to ask our consent. You must however tell us in writing (which shall include email) that you have done this.

17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient by you of your gift of a Product will have the benefit of a Contract made between us and the original purchaser, but neither we nor you will need their consent to cancel or make any changes to these Terms.

17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

17.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

17.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

17.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

17.8 We will not file a copy of the Contract between us.

CONTENT TERMS

18.1 “Content” refers to all of the text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other material that is referenced herein and posted on the internet and/or social media.

18.2 We do not claim any copyrights in the content. However, by agreeing to these terms you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize the content in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction or notification, and without compensating you in any way, and to authorize others to do the same.

18.3 In addition, you grant us the right to include the name provided along with the content submitted by you; provided, however, we shall have no obligation to include such name with our use of such content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with the content that you submit or license to us. You represent and warrant that you have all rights necessary for you to grant the licenses granted herein. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the content that you may have under any applicable law under any legal theory. Finally, you waive any and all claims relating to copyright infringement and/or any invasion or misappropriation of the right of privacy or publicity and warrant that we do not need permission from any other party, including those of parents or other subjects in the content.

18.4 To signify your acceptance and understanding of these terms and to grant Gemma Roe Ltd the rights described above please reply with #gemmaroegram.

THIRD-PARTY LINKS

19.1 Certain content, products and services available via our Service may include materials from third-parties.

19.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

19.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.


USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

20.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 

20.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

20.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

OPTIONAL TOOLS

21.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

21.2 You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

21.3 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

21.4 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.