Conditions of use

1. Status of Terms

1.1 These terms constitute an Agreement which sets out the rights and obligations of you as a purchaser ("you"), and those of GASP ("GASP", "we" or "us"), in relation to the products offered by us through this site. By registering for GASP services, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use any of our services.

1.2 You agree to provide true, accurate, current and complete information about you as prompted by our registration form (such information being the "Registration Data").

2. Place of performance and applicable law.

2.1 GASP makes no representation that any product referred to on this site is appropriate for use in countries other than the United Kingdom. Those who choose to access this site from other countries are responsible for compliance with local laws if and to the extent local laws are applicable. English law shall govern this Agreement.

2.1 You and we each submit to the exclusive jurisdiction of the English courts in relation to disputes arising out of this Agreement.

3. Damage to your computer

3.1 We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.


4. Placing an order

4.1 A notice will be displayed on your web browser before you submit an order with GASP ("the Pre-contract Notice"). The Pre-contract Notice contains important information such as a description, price (including VAT as appropriate) and delivery charges of the goods or services ordered. GASP suggests that you print off a hard copy of the notice or save a copy to your hard drive for your own records.

4.2 We accept Visa, Mastercard, Switch, Maestro. We also accept postal orders and cheques.
4.3 Account customers may pay by BACS.


4.4 Goods supplied to you by GASP will correspond with their prices and description (subject to E & OE). If at any time this is not the case GASP will give you the right to reject the goods within your Rights to Cancel – See clause 8.
4.5 In the unlikely event that an incorrect price is shown on our website (or in our catalogue). GASP reserves the right to abstain from fulfilling the order at that price. You will of course be notified, and at which point you will be informed of the correct price, and given the choice to proceed with the order.

4.6 You will receive an email notification when your web order has been placed.

5. Delivery charges

5.1 Delivery charges vary according to the type of goods ordered and cannot be refunded except where we have made a mistake.

6 Delivery

6.1 Our delivery charges are set out in the “Shipping and Returns” menu in our website.

6.2 Any countries outside of mainland UK including Northern Ireland, Highlands of Scotland & Offshore Islands: Carriers charge extra to those areas. Where we are surcharged we may have to pass this on to you. The shopping cart may show the incorrect delivery amounts if you fall in to the areas mentioned above. Please call 0044 117 9550101 or email for a quotation.
 
6.3 We will deliver the goods to the address you specify for delivery in your order. It is important that this address and postcode is accurate. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). Delivery times are not guaranteed.

6.4 GASP will send your order with a delivery note. We will inform you if any items are out of stock. If UK mainland clients do not receive their order within 14 days please contact GASP.

6.5 Shortages or damaged stock must be reported within three working days of delivery.

7. Risk and ownership

7.1 Risk of damage to or loss of the goods passes to you at the time of delivery to you. You will only own the goods once they have been successfully delivered and when we have received cleared payment in full.


8. Right to cancel

8.1 You have the right to cancel your order at any time before despatch. In that event please contact GASP on +44 (0)117 9550101 or email orders@gasp.org.uk.
8.2 Under The Consumer Protection (Distance Selling) Regulations 2000 you have the legal right to cancel your order within seven days of receipt of your goods (with the exception of any made-to-order items). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. However, you will need to notify us in writing (email or fax) if you wish to cancel your contract.

8.3 You cannot cancel your contract if you have taken any audio or video recording or computer software or specialist item out of the sealed package in which it was delivered to you.

8.4 If you have received the goods before you cancel your contract then [unless, under clause 8.3, for which you do not have a right to cancel] you must send the goods back to our warehouse at Unit 9, Parkway Trading Estate, St Werburghs Road, St Werburghs, Bristol BS2 9PG at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our warehouse at your own cost and risk as soon as possible.

8.5 GASP reserves the right to charge a re-stocking fee on large orders.

8.6 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your card or your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.

8.7 You will be re-credited for the costs incurred in returning faulty or unsatisfactory goods.

9. Cancellation by us

9.1 We reserve the right not to accept your order if:

•    we have insufficient stock to deliver the goods you have ordered;
•    we do not deliver to your area; or
•    one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

9.2 In such circumstances we will notify you by e-mail or by telephone.


10. Payment

10.1 Security. The entire GASP checkout process is held on an SSL (secure socket layer) secured server. Personal details are encrypted. When you enter the checkout, you can click on the small padlock symbol at the bottom of you browsers screen you will be taken to this sites security certificate. If you have any concerns regarding the security of this site please e-mail orders@GASP.org.uk . Once your order has been completed your credit / debit card details are automatically removed from the system.

10.2 Invoicing. Where a purchaser opts to pay by invoicing the following conditions apply:
10.2.1 Payment is required within 30 days of date of invoice or completion of delivery, whichever is the latter.
10.2.2 In accepting the goods the client accepts the payment period prescribed by GASP.
10.2.3  In the event of late payment GASP reserves the right to automatically invoice the purchaser for £40 compensation per invoice arising out of late payment made under The Late Payment of Commercial Debts Regulation 2002 plus interest charged at 12% daily.

11. Content

11.1 GASP shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this site.
11.2 Certain links in this site will lead to sites, which are not under the control of GASP. When you activate any of these you will leave the GASP site and GASP has no control over and will accept no responsibility or liability for the material on any site, which is not under the control of GASP.

12. Limitation of Liability

12.1 Nothing in this Agreement shall affect the statutory rights of any client or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of GASP.

12.2 Subject to clause 12.1, you agree that GASP shall not be liable either in contract, tort, negligence, statutory duty or otherwise, for any direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) resulting from any acts, omissions, failures or delays occurring on or in relation to those parts of the Internet not under GASP's direct control including, without limitation, damage for loss of business, loss of sales, non payment of sums due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss (even where GASP has been advised of the possibility of such loss or damage).
 
12.3 The only liabilities that GASP can exclude are those arising from the following.
12.3.1 In cases where losses were not foreseeable to both parties when the contract was formed.
12.3.2 Where losses were not caused by any breach on the part of GASP.
12.3.3 For any business losses, and/or losses to non-clients.

12.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site.  The importation or exportation of certain of our goods to you may be prohibited by certain national laws.  We make no representation and accept no liability in respect of the export or import of the goods you purchase.

13. Notices

13.1 Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at GASP Unit 9, Parkway Trading Estate, Bristol, BS2 9PG

14. Complaints handling procedure

14.1 In the unlikely event that you have any complaints as to our service or any of the goods and services supplied to you from our site, please contact us by either:

e-mail: orders@GASP.org.uk
Phone: 0117 955 0101
Fax: 0117 955 0210

or write to:
GASP
Unit 9, Parkway Trading Estate, Bristol, BS2 9PG. England

14.2 All complaints are taken seriously and will be investigated as soon as they are brought to our notice. We endeavour to rectify any problems as soon as possible and will always keep customers informed as to progress.

15. Privacy

15.1 You acknowledge and agree to be bound by the terms of our privacy policy (see website privacy notice).

16. Copyrights

16.1 All designs, text, graphics and their selection and arrangement on this site are the copyright of GASP or its content providers. As a visitor to the GASP site you are licensed to copy electronically or to print portions of this site for your own personal, non-commercial use. Any other use of materials on this site without GASP's prior written consent is strictly prohibited.

17. Matters Beyond our Reasonable Control

17.1 GASP shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightening, flood, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.