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TERMS & CONDITIONS

Please carefully read all of the 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 require and nothing you are unhappy with.
 

APPLICATION

1. These terms and conditions will apply to the purchase of goods by you (the customer). We are Ginja whose registered office is at 100 Derbyshire Road South, Sale, Cheshire, M33 3JZ with the email address jo@ginjaonline.co.uk; (the supplier).
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2. 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. Before placing an order on the website, you will be asked to agree to these terms and conditions by clicking on a button marked 'I Accept'. If you do not click on the button, you will not be able to complete your order. You can only purchase goods from the website if you are eligible to enter into a contract and are at least 18 years old.
 

INTERPRETATION

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

4. CONTRACT means the legally-binding agreement between you and us for the supply of goods;
 

5. DELIVERY LOCATION means the supplier’s premises or other location where the goods are to be supplied, as set out in the order;
 

6. 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;
 

7. GOODS means the goods advertised on the website that we supply to you and the number and description as set out in the order;
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8. ORDER means the customer’s order for the goods from the supplier as submitted following the step-by-step process outlined on the website;


9. PRIVACY POLICY means the terms which detail how we will deal with confidential and personal information received from you via the website;

10. WEBSITE means our website, www.ginjaonline.co.uk, on which the goods are advertised.
 

GOODS

11. 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 and colour of the goods supplied.
 

12. In the case of any goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
 

13. All goods which appear on the website are subject to availability.
 

14. 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

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

16. We may contact you via email or other electronic communication methods, and by pre-paid posts that you expressly agree to.
 

BASIS OF SALE

17. 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 endeavour to tell you the reason why without delay.
 

18. 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.
 

19. 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 via email containing all necessary information. You will receive the order confirmation within a reasonable time after making the contract but, in any event, no later than the delivery of goods supplied under the contract.
 

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

21. No variation of the contract, whether about the description of 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.
 

22. We intend that these terms and conditions apply only to a contract entered into by you as a consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you e.g., by giving you rights as a business.
 

PRICE & PAYMENT

23. The price of goods and additional delivery or other charges is set out on the website and the date of the order, or such other price, we may agree in writing.
 

24. Prices and charges include VAT at the rate applicable at the time of order.
 

25. You must pay by submitting your credit or debit card details with your order and we can take payment immediately or otherwise before the delivery of goods.
 

DELIVERY

26. 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.
 

27. 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 as at an end if:

  • We have refused to deliver the goods or if delivery on time is essential, taking into account all of the relevant circumstances at the time the contract was made, or you made us aware before the contract was made that delivery on time was essential; or

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


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

29. If you were entitled to treat the contract as 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.

 

30. If any goods form a commercial unit (a unit being 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.

 

31. We do not generally deliver to addresses outside England, Wales, Scotland, Northern Ireland, the Isle of Man, and the Channel Islands. If, however, we accept an order for delivery outside of these areas, you may need to pay import duties and other taxes, as we will not pay them.

 

32. 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.

 

33. 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.
 

34. 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.
 

RISK & TITLE

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

 

36. 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 & CANCELLATION

37. 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, without incurring any liability.
 

38. You can cancel the contract except for any goods which are made to your special requirements (Returns Right) by telling us no later than 7 calendar days from the day the contract was entered into, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the goods in an undamaged condition at your own expense. Then we must, without delay, refund you the price for those goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective goods. This Returns Right is different and separate from the Cancellation Rights detailed below.
 

39. This is a Distance Contract (as defined below) that 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:

  • Foodstuffs, beverages, or other goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;

  • Goods that are made to your specifications or are personalised;

  • Goods that are liable to deteriorate or expire rapidly.
     

40. Also, the Cancellation Rights for a contract cease to be available in the following circumstances:

  • 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

41. Subject as stated in these terms and conditions, you can cancel this contract within 7 days without giving any reason.
 

42. The cancellation period will expire after 7 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 (i.e. subscriptions), the right to cancel will be 7 days after the first delivery.
 

43. 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 (e.g., a letter sent by post, fax, or email). You can use the cancellation form shown in the Returns Policy, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made.
 

44. You can also electronically fill and submit the model cancellation form, or any other clear statement of the customer’s decision to cancel the contract on our website (www.ginjaonline.co.uk). If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a durable medium (e.g., by email) without delay.
 

45. 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

46. Except as set out below, if you cancel this contract, we will reimburse you all payments received from you, excluding the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive class of standard delivery offered by us).
 

DEDUCTION FOR GOODS SUPPLIED

47. We may make a deduction for loss in value of any goods supplied if the loss is the result of unnecessary handling by you (i.e., the goods beyond what is necessary to establish the nature, characteristics, and functioning of the goods; e.g., it goes beyond the sort of handling that may 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

48. If we have not offered to collect the goods, we will make the reimbursement without undue delay, and not later than:

  • 14 days offer the day we receive back from you any goods supplied;

  • 14 days after the day (if earlier) you provide evidence that you have sent back the goods.
     

49. If we have offered to collect the goods or if no goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

 

50. 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

51. If you have received goods in connection with the contract which you have cancelled, you must send back the goods or hand them over to us at 100 South Derbyshire Road, Sale, Cheshire, M33 3JZ without delay and, in any event, no later than 7 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 7 days has expired. You agree that you will have to bear the cost of returning the goods.

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


  • DISTANCE CONTRACT means a contract concluded between a trader and a consumer under an organised distance sales of service-provision Shem 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;

  • 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

53. We have a legal duty to supply the goods in conformity with the contract and will not have it conformed if it does not meet the following obligation.
 

54. Upon delivery, the goods will:

  • Be of satisfactory quality;

  • 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 rely on 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;

  • Conform to their description.
     

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

SUCCESSORS & OUR SUB-CONTRACTORS

56. 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 whom it chooses to help perform its duties.
 

CIRCUMSTANCES BEYOND THE CONTROL OF EITHER PARTY

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

  • The party will advise the other party as soon as reasonably practicable;

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

PRIVACY

58. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

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59. These terms and conditions should be read alongside, and in addition to, our policies, including our Privacy Policy.
 

60. For the purpose of these terms and conditions:

  • DATA PROTECTION LAW means any applicable law relating to the processing of personal data, including, but not limited to, the Directive 95/46/EC (Data Protection Directive) or the GDPR.

  • GDPR means the General Data Protection Regulation (EU) 2016/679.

  • DATA CONTROLLER, PERSONAL DATA, and PROCESSING shall have the same meaning as in the GDPR.
     

61. We are a data controller of the personal data we process in providing goods to you.

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62. Where you supply personal data to us so we can provide goods to you, and we process that personal data in the course of providing goods to you, we will comply with our obligations imposed by the Data Protection Laws:

  • Before or at the time of collecting personal data, we will identify the purposes for which the information is being collected.

  • We will only process personal data for the purposes identified;

  • We will respect your rights concerning your personal data;

  • We will implement technical and organisational measures to ensure your personal data is secure.
     

63. For any enquiries or complaints regarding data privacy, you can contact us via email at jo@ginjaonline.co.uk.
 

EXCLUDING LIABILITY

64. 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 (e.g., loss of profit) to the customer’s business, trade, craft, or profession which would not be suffered by a customer - as the supplier believes the customer is not buying the goods wholly or mainly for its business, trade, craft or profession.
 

GOVERNING LAW, JURISDICTION & COMPLAINTS

65. The contract (including any non-commercial matters) is governed by the law of England and Wales.

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66. Disputes can be submitted to the jurisdiction of the courts of England and Wales.

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67. We try to avoid any dispute, so we deal with complaints in the following way: if a dispute occurs, customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.
 

ATTRIBUTION
68. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).

DELIVERIES TO THE UK & EUROPE

69. For many of our products, you can expect delivery within 2-5 working days.
 

70. However, some of our products may take up to a week to arrive as we do not currently hold all of the stock on our site. We may have to order items from a supplier and then send them on their way to you.
 

REST OF THE WORLD (OUTSIDE OF EUROPE)

71. Please allow between two weeks and a month for delivery. We will process your order immediately, but the shipping process may take some time.

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