1. The Website
This Website is operated by Giant Advents Limited (referred to as “GA/we/our/us”). As user of this Website (referred to as “you/your”) you acknowledge that any use of this Website including any transactions you make (“use/using”) is subject to our Terms and Conditions below which includes other important sections e.g. Privacy Policy. Please:
- read through these Terms and Conditions carefully before using this Website.
- print a copy for future reference.
- also read our Privacy Policy section regarding your personal information.
2. Terms and Conditions
2.1. These Terms and Conditions of sale apply to all transactions for the sale of goods on the Website. Please read them carefully. They do not affect your statutory rights. We may change these Terms and Conditions at any time. Any changes will take effect on the date they are posted on the Website.
3. Prices and Promotions
3.1. Although we endeavour to ensure that all pricing information on the Website is accurate, occasionally an error may occur and goods may be mispriced. If we discover a pricing error we will, at our discretion, either: contact you and ask you whether you wish to cancel your order or continue with the order at the correct price; or notify you that we have cancelled your order. We will not be obliged to supply goods at the incorrect price.
3.2. Prices that are reduced for sales and promotions are only valid for the specified period.
3.3. We reserve the right to adjust prices, offers, goods and specifications of goods on the Website at our discretion at any time before (but not after) we accept your order.
3.4. All prices on this Website are in UK Pounds Sterling and for mainland UK customers are inclusive of the relevant VAT. For non mainland UK customers the price payable will be confirmed to you by us on receipt of an enquiry order.
4. Ordering
4.1. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the “confirm order” button on the check out page.
4.2. All orders made by you through the Website are subject to acceptance by us. We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances.
4.3. After submitting an order to us we will send you an order acknowledgement email with your order number and details of the goods that you have ordered. Please note this email is an acknowledgement and is not an acceptance of your order.
4.4. We take payment from your card, when we process your order and have checked your card details. The goods will then be held in stock pending despatch to you on the delivery date.
4.5. If you order goods which are not available from stock, we will contact you by email and you will have the option to wait until the goods are available from stock, or cancel your order in accordance with our cancellation and returns policy. In the event your order is cancelled, we will refund any payment already collected from you in respect of that order, in accordance with our cancellation and returns policy.
4.6. Any email or other electronic acknowledgement by us of receipt of an order placed by you does not constitute legal acceptance by us of your order. Acceptance of your order and the formation of a contract between us will take place when we send you an email confirming that the goods you have ordered have been dispatched even though we may have debited your card (see 4.4 above) or we have sent acknowledging emails to you unless we have notified you that we do not accept your order or you have cancelled it in accordance with our cancellation and returns policy.
5. Right to Withdraw Goods
5.1. We reserve the right to withdraw any goods from the Website at any time.
5.2. We will not be liable to you or anyone else for withdrawing any goods from the Website.
6. Delivery Policy
6.1. Product prices shown on our site include charges for packing and delivery.
6.2. For non mainland UK customers we will notify you of the delivery charges and will not proceed with your order until such charges have been accepted by you.
6.3. In most circumstances, our team will dispatch the goods you have ordered from us such that delivery is made within 7 working days of the agreed delivery date to anywhere in mainland UK.
6.4. Deliveries will be made to the address that you give us for delivery of the product(s). Deliveries may require a signature on receipt.
7. Cancellation and returns
7.1. You may cancel your order for any reason at any time prior to dispatch. Unless goods are faulty we are unable to offer refunds. If goods are not returned and received by us in perfect condition we reserve the right to withhold or refuse any refund, pending enquiry, and/or make only a part refund.
7.2. To cancel your order prior to dispatch please telephone on 0208 345 6006 or emailcustomerservices@giantadvents.co.uk.
7.3. Refunds will be against the card used to make the original payment following inspection of the returned goods, normally within 7 working days. We recommend that a verifiable method of return delivery is used, as proof of posting cannot be taken as proof of receipt.
7.4. This does not affect your statutory rights when goods are faulty, or not as described.
8. Intellectual Property
8.1. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this Website shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us.
8.2. You acknowledge and agree that the material and content contained within this Website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this Website. You further acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
9. Data Protection
9.1. Personal details provided to us through this Website shall only be used in accordance with our Privacy Policy. Please read this carefully before registering on our Website or placing an order with us. By providing your personal details to us you are consenting to their use in accordance with our Privacy Policy.
10. Privacy Policy
10.1. GA do not disclose customers’ information to third parties. We may use your personal information to inform you about the latest changes to the site and products or services that you may find of interest but if you prefer not to receive this you can tell us either by sending an email message tocustomerservices@giantadvents.co.uk.
10.2. We will only collect personally identifiable information to the extent reasonably necessary to serve our legitimate business purposes, and we will maintain appropriate safeguards to ensure the security, integrity and privacy of the information you have provided. GA does not supply personal information to third parties.
10.3. In order to fulfil your order, we need to know your name, address, email address and delivery address. We also ask for your telephone number, which enables us to contact you urgently if there is a problem with your order.
10.4. Your credit or debit card details are taken by our payment service provider, Secure Trading Limited when you enter your card details to make your order and are not retained by GA.
10.5. We monitor customer traffic patterns and site usage to help us enhance the design and layout of the site. We may use your personal information for our internal marketing and demographic studies, so we can consistently improve our site to better meet our visitors’ needs. To enforce legal rights and the law, we may also disclose information to law enforcement agencies if so requested. No personal data will be passed outside of the EEA (European Economic Area).
10.6. If for any reason you are concerned that the personal information maintained by GA is not correct, or it changes or if you no longer desire our service we will correct, update or remove the data you have provided. This can usually be done by emailing us at customerservices@giantadvents.co.uk.
11. Cookies
11.1. GA uses two types of cookie on the Website: session cookies and persistent cookies.
- Session cookies are only temporary and are erased when your browser leaves a website. This cookie enables the Website to remember important details such as the contents of your basket and whether you have logged in.
- Persistent cookies are stored on your hard drive until you erase them or they expire. We use persistent cookies for certain areas of the site, such as when you enter a competition or if you follow a link from one of our partner sites. They allow us to track how effective our partnerships and competitions are and help us to tailor our offer to our customers.
11.2. By using the site, you signify your assent to the GA Privacy Policy. If you do not agree to this policy, do not use this site. We reserve the right to make changes to our Privacy Policy. Any change to the policy will be published on this page so that you are always aware of it. Your continued use of the site will signify your acceptance of these changes.
12. Liability and Indemnity
12.1. Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
12.2. Subject to Section 12.1 above, GA will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and GA will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and GA accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
12.3. Subject to Section 12.1 above, other than as expressly provided in these Terms and Conditions any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
12.4. Subject to Section 12.1 above, GA will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for any:
a. economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
b. loss of goodwill or reputation; or
c. special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Terms and Conditions.12.5. Notwithstanding the above, subject to Section 12.1 GA?s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause.
12.6. This clause 12 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
12.7. We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
13. Miscellaneous Provisions
13.1. The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
13.2. GA shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms and Conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
13.3. To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
13.4. You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions or any related order for products to any third party unless agreed upon in writing by GA.
13.5. GA reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms and Conditions or any related contract to any third party.
13.6. Each provision of these Terms and Conditions shall be construed separately and independently of each other and the validity of any one part shall not affect the validity of any other part. If any portion of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these Terms and Conditions shall not be affected.
13.7. These Terms and Conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except a person who is a permitted successor or assignee under Section 13.4 above of the rights or benefits of these Terms and Conditions may enforce such rights or benefits.
13.8. No delay or failure by GA to exercise any powers, rights or remedies under these Terms and Conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of GA.
13.9. These Terms and Conditions including the documents or other sources referred to in these Terms and Conditions supersede all prior representations understandings and agreements between you and GA relating to the use of this Website (including the order of products) and sets forth the entire agreement and understanding between you and GA for your use of this Website.