Gecko Distribution Centre, Eastways, Witham, CM8 3GQ, UK
T: +44 (0)1376 532 000 F: +44 (0)1376 532 001 E: firstname.lastname@example.org
Gecko is the trading name of Gecko Trading Ltd. Registered in England.
Registered Office: Gecko Distribution Centre, Eastways, Witham, CM8 3GQ, UK. Company No.3340404
Basis of Sale
Gecko shall sell and the Buyer shall purchase the Goods in accordance with these Terms and Conditions, which shall govern the contract to the exclusion of any other terms upon which any quotation is issued or purported to be accepted, or any such order is placed or purported to be made, by the Buyer, and for the avoidance of doubt and so far as the law allows all representations and other terms express or implied are hereby excluded.
No variation to these terms shall be binding unless agreed in writing between the authorised representatives of Gecko and the Buyer.
Orders can be placed by Post, Fax, Telephone and Email to:
Gecko Distribution Centre, Eastways, Witham, CM8 3GQ, UK
Telephone: 01376 532 000 Fax: 01376 532 001 Email: email@example.com
No order submitted by the Buyer shall be deemed to be accepted by Gecko unless and until confirmed in writing (or by such other method as Gecko may from time to time choose) by Gecko’s authorised representative.
The Buyer shall be responsible to Gecko for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving Gecko any necessary information relating to the Goods within a sufficient time to enable Gecko to perform the contract in accordance with these terms.
There is a minimum initial order for Goods, the details of which may be obtained from Gecko at the time of the order.
The price of the Goods shall be as follows:
1. In the case of all Goods except those specified in paragraph 2 under this heading but including gold products designated as “fixed units”: Gecko’s quoted price.
2. In the case of gold products not being fixed units as described in paragraph 1 under this heading: the price will be calculated using the price of gold per troy ounce in accordance with the prevailing daily Gold Fix Price (published in US $).
3. Gecko reserves the right to price fixed units, as described in paragraph 1 under this heading, in accordance with the method for gold products not being fixed units, as described in paragraph 2 under this heading. Gecko reserves the right to alter the price of the Goods and orders will be invoiced at the prices current at the date of dispatch. All prices are exclusive of any applicable value added or other sales tax, which the buyer shall
additionally pay to Gecko at the same time as the price. Recommended retail prices (“RRP”) are for guidance only and are in no way binding upon Gecko. All prices are payable in £Sterling unless otherwise agreed in writing by Gecko.
Payment can be made by Cash, Cheque, Credit Card and Debit Card.
Cheques are made payable to: GECKO TRADING LTD.
For new customers paying by cheque, Goods will be despatched on receipt of payment and 30 day Credit Account Application Forms will accompany the first order.
For Account customers, failure to settle within 30 days may result in following orders reverting to payment in advance.
All collection fees incurred by us regarding the recovery of overdue accounts will be passed on to the customer.
We reserve the right to charge interest on overdue accounts at a rate of 2.5% per month.
Goods are only despatched to non-Account customers on receipt of payment.
If the buyer fails to make any payment on the due date then, without limiting any other right or remedy available to Gecko, Gecko may:
(i) Cancel the order or suspend any further deliveries to the Buyer;
(ii) Appropriate any payments made by the Buyer to such of the Goods (or the Goods supplied under any other contract between the Buyer and Gecko) as Gecko may think fit (notwithstanding any purported appropriation by the Buyer).
Orders over £300 (excluding VAT) which are delivered in the UK and Eire are not subject to delivery charges. UK orders are generally delivered by Royal Mail Tracked or Special Delivery.
£7.95 will be charged for orders delivered in the UK and Eire with a value between £20 and £299.99 (excluding VAT).
Non-UK / Non-Eire orders are subject to delivery charges.
Gecko reserves the right to alter delivery charges and all deliveries will be invoiced at the prices current at the time of despatch.
Goods will be delivered by a carrier nominated by Gecko, or by any other method Gecko chooses.
Orders received before 2 p.m. from UK Account customers and UK customers paying by credit/debit card are generally delivered in the UK the next working day by 1:00.
Whilst every effort is made to ensure next working day delivery in the UK, this cannot be guaranteed generally and in particular:
(i) For all parts of the Scottish Highlands and Islands
(ii) In the event that the carrier used by Gecko fails to comply with instructions to deliver next working day
(iii) In the event of industrial action by the carrier used by Gecko.
Gecko cannot accept liability for any loss resulting from late delivery or non-delivery of Goods.
If any of the Goods ordered by the Buyer are not in stock at the time the order is placed, the Buyer will be offered the option of placing the Goods on Back Order for future delivery. Gecko reserves the right to cancel Goods on Back Order.
Any illustration of a product or description of size, dimension, style, weight etc. is given in good faith, however cannot be guaranteed as absolutely correct. In particular, rings are supplied within a tolerance of +/- 2 metric sizes from the size ordered to allow for variations that result from the measuring instrument/measuring technique employed.
Should any product not be available in the size or colour or design ordered, an alternative may be supplied unless the customer specifies on the order form that an alternative must not be supplied.
Gecko are unable to offer sale or return arrangements.
Items will only be replaced or credited provided it is clear that there is a manufacturing fault, or the damage occurs prior to delivery.
Items which have been worn will not be replaced or credited unless it is clear that there is a manufacturing fault.
Items delivered broken or faulty must be returned to us within 7 days accompanied by full details of the order date and invoice number.
Each item must be returned in its individual bag with the product code clearly marked.
Claims can only be made within 7 days of delivery.
Items returned to Gecko that do not meet any one of the above requirements will be returned to the Customer and a handling charge of £5 may be made.
The issuing of replacements and credit notes is at Gecko’s discretion.
In the unlikely event of Gecko supplying your order incorrectly in any way, customers must contact Gecko immediately providing full details of the order date and invoice number. Gecko will endeavour to correct the situation immediately.
Risk and Property
Risk of damage to or loss of the Goods shall pass to the Buyer on delivery.
Notwithstanding delivery and passing of risk in the Goods, or any other provision of these terms, the property in the Goods shall not pass to the Buyer until Gecko has received in cash or clear funds payment in full of the price of the Goods and all other Goods agreed to be sold by Gecko to the Buyer for which payment is then due.
In the event of non-payment by the Buyer for any Goods Gecko shall be entitled to repossess the Goods unless they have been subject to prior resale, in which case Gecko shall be entitled to the proceeds of the resale in the hands of the Buyer or any Liquidator, Receiver or Buyer’s trustee in the bankruptcy.
Insolvency of Buyer
(i) the Buyer makes a voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation an reconstruction); or
(ii) an encumbrancer takes possession, or a Receiver is appointed, of any of the property or assets of the Buyer; or
(iii) the Buyer ceases, or threatens to cease, to carry on business; or
(iv) Gecko reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer accordingly; or
(v) an Administrative Receiver is appointed; then, without limiting any other right or remedy available to Gecko, Gecko may cancel the order or suspend any further deliveries under the contract without any liability to the Buyer, and if the Goods have been delivered but not paid for, the price of such Goods shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
All designs indicated with the © sign shown in our catalogues are original designs by Gecko Trading Ltd. and are protected by copyright.
In the event of any unauthorised copying Gecko are entitled to take legal proceedings against the customer, wholesaler or manufacturer.
No waiver by Gecko of any breach of the contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provisions.
If any provision of the contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the contract and the remainder of the provision in question shall not be affected.
The Contract shall be governed by the laws of England, and the buyer agrees to submit to the non-exclusive jurisdiction of the English courts.
A person who is not a party to an order to which those terms apply, may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
Andrew J Morton
13th October 2015