Skip to General Conditions of Sale
Welcome to the Gopak website, which is owned and operated by Gopak Ltd ("Gopak", "we", "us" or "our"). Our registered office is at Range Road, Hythe, Kent CT21 6HG and we are registered in England and Wales with company number 0536385. Our VAT number is 201 292 415.
As part of our commitment to ensuring the Gopak Website is one you want to visit time and time again, we welcome your comments on any of the policies or rules set out below. To contact us please use the Contact Form on the Contact page of the Gopak Website.
(i) provide you with access to our website (located at www.gopak.co.uk (the "Website"));
(ii) offer products and services from time to time via our Website; and
(iii) sell any of our products via the Website (together referred to in this document as the "Terms").
Your use of the Website, including any placing of an order through it, indicates your acceptance to be bound by the Terms. If you do not agree to be bound by the Terms, please cease using this Website immediately.
All Website designs, textual content, graphics, photos, videos and their selection and arrangement on this Website are the copyright of Gopak or its licensors. All brand names, product and service names and titles used in this Website are trademarks, trade names or service marks of Gopak or their third party suppliers.
Certain (hypertext) links on the Website may lead to websites operated by third parties which are not under our control. When you activate any such links you will leave the Website. We therefore accept no responsibility or liability whatsoever for any of the content, products and/or services (including any hypertext links to further websites) that may be included, advertised or sold on such third party websites.
You acknowledge that we do not review or endorse any claims, products and/or services contained on or described on such third party websites. Nor are we responsible (whether directly or indirectly) for any damage, loss or offence you may suffer as a result of accessing such third party websites. Your dealings with, and interest in, any promotions or services found via such links are solely between you and the third party with whom you are dealing, unless we expressly state otherwise.
Use of Material
Material may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial use. Use of material on this Website for any other purpose is expressly prohibited by law, and may result in severe legal penalties. Violators will be prosecuted to the maximum extent possible. You agree not to adapt, alter or create a derivative work from any of the material contained in this Website or use it for any other purpose other than for your personal non-commercial use. You agree to use this Website only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this Website by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this Website. The permission above to use said material does not include permission to copy the design elements, look and feel, or layout of this Website. Those elements of the Website are protected by law, and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by Gopak.
We take reasonable steps in the preparation and maintenance of this Website to ensure that all prices quoted are correct at the time when they are published, and that the descriptions of our products and any claims we make with respect to our services are fair and accurate. We do, however, reserve the right to decline any order where there has clearly been a material error, or where there is an inaccuracy or omission in the price and/or description of any of our products and/or services as displayed or advertised on the Website (and we hereby exclude all liability arising from the same).
We have made every reasonable effort to reproduce colours on the Website as accurately as possible. However, different computers reproduce colours slightly differently and we therefore cannot and do not guarantee that the on-screen colours of any of our products will exactly match the colour of the product itself. You are advised, therefore, to treat on-screen colours as being indicative only of the actual colour of our products.
We cannot and do not guarantee that the information on this Website will always be completely up to date and free of mistakes. To the extent permitted by applicable law, we hereby disclaim all warranties, express or implied, as to the accuracy of the information contained on this Website.
We will not be liable, whether in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these Terms for any:
- Economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
- Loss of goodwill or reputation; or
- Special or indirect losses suffered; or
- Losses arising out of or in connection with the provisions of any matter under these Terms.
Gopak takes steps to safeguard the security of information you send to us via this Website by using internet standard encryption technologies (Secure Socket Layer or SSL) to provide a secure environment where appropriate. However, we accept no responsibility for any damage you may suffer as a result of the loss of confidentiality of such information.
Gopak cannot guarantee uninterrupted access to this Website, or the websites to which it links. Gopak accepts no responsibility for any damages arising from the loss of use of this information.
If one or more of these terms and conditions shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby.
These Terms and Conditions for visitors shall be governed by English Law and are subject to the exclusive jurisdiction of the English Courts.
GOPAK Terms and Conditions of Sale
1. INFORMATION ABOUT US
Gopak Ltd ("Gopak", "we", "us" or "our") registered office is at Range Road, Hythe, Kent CT21 6HG and we are registered in England and Wales with company number 0536385. Our VAT number is 201 292 415. www.gopak.co.uk is a website operated by us.
2. YOUR STATUS
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old;
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us.
3.2 After submitting your order you will receive an acknowledgement that we have received your order. Please note that this does not mean that your order has been accepted.
3.3 We will confirm acceptance to you by sending you confirmation of the proposed dispatch and delivery date (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
3.4 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4. applicable terms
4.1 The Contract will be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any purchase order, confirmation of order, specification or other document).
4.2 Any variation to these terms and conditions and any representations about the Products will have no effect unless expressly agreed in writing and signed by a director of the Company.
4.3 Any quotation we give you for Products will be valid for thirty days and only becomes a binding contract once we have accepted your order as set out in clause 3 above.
5. CONSUMER RIGHTS
5.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9).
5.2 To cancel a Contract, you must inform us in writing. You must also return the Products to us immediately, in the same condition in which you received them, and at your own cost and risk. We can organise the return of the Products if you request this, subject to the terms of this clause. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.3 You will not have any right to cancel a Contract for the supply of any Products which:
(a) have been upholstered in accordance with your order
(b) are made to a non standard size or specification
5.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
6. AVAILABILITY AND DELIVERY
6.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation. We will inform you if delivery is longer than this period.
6.2 We will take reasonable steps to meet the delivery date set out on the Dispatch Confirmation or as otherwise agreed between us in writing. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed.
6.3 Time for delivery will not be of the essence of the Contract and cannot be made so by notice.
6.4 Subject to the other provisions of these conditions we will not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Products (even if caused by our negligence), nor shall any delay entitle you to terminate the Contract unless such delay exceeds 90 days.
7. RISK AND TITLE
7.1 The Products will be at your risk from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full payment of
(a) all sums due in respect of the Products, including delivery charges and
(b) all other sums due by you to us in respect to any other account.
7.3 Until ownership of the Products has passed you must:
(a) hold the Products on a fiduciary basis as our bailee;
(b) store the Products (at no cost to us) separately from all other of our Products or any third party in such a way that they remain readily identifiable as our property;
(c) not destroy, deface or obscure any identifying mark or packaging on or relating to the Products; and
(d) maintain the Products in satisfactory condition and keep them insured on our behalf for their full price against all risks to our reasonable satisfaction, and on request produced to us a copy of the policy of insurance.
7.4 You may only resell the Products before ownership has passed to you on the following conditions:
(a) any sale is made in the ordinary course of your business at full market value; and
(b) any such sale shall be a sale of our property on your own behalf and you deal as principal when making such a sale.
7.5 Your right to possession of the Products terminates immediately if you:
(a) have a bankruptcy order made against you or makes an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of your undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator or notice of intention to appoint an administrator is given you or your directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding or for the grant-ing of an administration order or any proceedings are commenced relating to your insolvency or possible insolvency; or
(b) suffer or allow any execution, whether legal or equitable, to be levied on your property, or you fail to observe or perform any of your obligations under the Contract or any other contract between us, or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or if a business you cease to trade; or
(c) encumber or in any way charge any of the Products.
7.6 We are entitled to recover payment for the Products notwithstanding that ownership of any of the Products has not passed from us.
7.7 You grant us and any agent we may employ, an irrevocable licence at any time to enter any non residential premises where the Products are or may be stored in order to inspect them, or, where your right to possession has terminated, to recover them.
7.8 Where we are unable to determine whether any Products are the Products in respect of which your right to possession has terminated, you are deemed to have sold all Products of the kind sold by us to you in the order in which they were invoiced.
7.9 On termination of the Contract, howsoever caused, our rights contained in this condition 7 remain in effect.
8. PRICE AND PAYMENT
8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2 These prices include VAT and delivery costs within the UK mainland. For delivery outside the UK mainland, delivery costs will be added to the total amount due subject to agreement of the costs with you before we send a Dispatch Notification.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4 Our website 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 stated price, 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 website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.6 For orders via our website, payment for all Products will be with order.
8.7 For all non-website orders, payment must be made prior to dispatch unless you have a credit account with us in which case we will supply Products up to the value of your credit.
8.8 We accept payment with Visa, MasterCard, Delta, Solo and Switch. Non-website orders may be settled by cheque or BACS. Details of our bank account are available upon request.
9. OUR REFUNDS AND REPAIR POLICY
9.1 If any Product does not meet our warranty as to quality and fitness for purpose (see clause 10.1 below) you will be entitled to repair or refund subject to the following conditions:
(a) if any defect is as a result of damage in transit you must notify us within two days of when you discovered or ought to have discovered the defect;
(b) you must return the Product to us for examination;
(c) if the Product can be satisfactorily repaired we will do so as quickly as possible (normally within 30 days) and return the Product to you at our cost with a refund of the carriage charges you incurred in returning the Product to us;
(d) If the Product cannot be satisfactorily repaired we will replace the product or refund the amount you paid for the Product, including delivery charges, and any carriage charges you have incurred in returning the Product to us.
(e) you must not make any further use of the Product after giving us notice of any defect;
(f) we are not liable if you fail to follow instructions as to the storage, installation, commissioning, use or maintenance of the Product or (if there are none) good practice, or if you alter or repair the Product without our written consent.
9.2 When you return a Product to us because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
9.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10. OUR LIABILITY
10.1 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 the kind are commonly supplied and will remain so for 12 months unless a longer period is indicated for the product on our website or in our sales literature.
10.2 Our liability for losses you suffer as a result of us breaking this agreement (including deliberate breaches) is strictly limited to the purchase price of the Product you purchased.
10.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation;
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability; or
(e) for any deliberate breaches by us of these conditions which would entitle you to terminate the Contract.
10.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage (except if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the Contract between us), including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data, or
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable;
provided that this clause 10.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 10.4.
11. IMPORT DUTY
11.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
12. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail 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. This condition does not affect your statutory rights.
All notices given by you to us must be given to us at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. 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 events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our 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.
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. ENTIRE AGREEMENT
18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
18.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in materials or 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.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions 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 and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. LAW AND JURISDICTION
Contracts for the purchase of Products through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.