Different by Design

Terms & Conditions

This page lays out the Groovy Terms and Conditions of Trade & Terms and Conditions of Use. It explains how your order will be dealt with, your rights and our duty to you.

Terms & Conditions of Trade Terms & Conditions of Use

  • These Terms and Conditions of Trade are the terms on which Groovy UK Ltd located at 12 Corner House, Narborough Wood Business Park, Desford Road, Enderby, Leicestershire, LE19 4XT, United Kingdom provide merchandise (“Goods”) to you (“You”/”Your”) as a consumer via our web sites, including, without limitation:
    • groovyuk.com; and any additional shopping sites that we may create from time to time to purchase product and also as a resource for information and entertainment (collectively the “Web Sites”).

For the sake of clarity and avoidance of doubt, only sites owned and operated by Us are subject to this Terms and Conditions of Trade policy (the “Terms and Conditions of Trade”).

You may keep a copy of these Terms and Conditions of Trade for future reference. Print or download and save them. We will file a copy of any Orders made by You.

Please read these Terms and Conditions of Trade carefully before ordering. You should understand that by ordering Our Goods, You agree to be bound by these Terms and Conditions of Trade.

1. DEFINITIONS

1.1. “Buyer” means the organisation or person buying the goods

1.2. “Goods” means the articles to be supplied to the Buyer by the Seller

1.3. “Intellectual Property Rights” means copyright, rights in designs, trademarks, service marks, business names, rights in get up and rights to sue for passing off or unfair competition, patents, know-how and all other intellectual property rights whether registered or unregistered which relate to any Products and applications for any such rights and all similar or equivalent rights in any part of the world

1.4. “Order” means the Buyers order for the Goods.

1.5. “Price” means the price set out in the list of prices of the Goods maintained by the Seller as amended from time to time or such other price as the parties may agree in writing, plus carriage, packing or interest on such as may be quoted by the Seller or as may apply in accordance with these conditions;

1.6. “Seller” means Groovy UK Ltd, Corner House, 12 Narborough Wood Park, Enderby, Leicestershire, LE19 4XT.

2. GENERAL

2.1. These terms and Conditions shall apply to all contracts for the Sale of Goods by the Seller to the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes terms to apply and this has been acknowledged in writing.

2.2. The Seller reserves the right to amend the Terms and Conditions from time to time without direct notification.

3. PRODUCT INFORMATION

3.1. Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.  For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.

3.2. The seller reserves the right to withdraw and modify products from time to time without directly notifying previous Buyers. Products illustrated in all of the Seller’s literature and websites are done so as accurately as modern reproduction methods will allow.

3.3. Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is so shown and inspected for the sole purpose of enabling the Buyer to judge for itself the quality of the bulk and not so as to constitute a sale by sample.

4. ORDERS

4.1. All goods offered for sale are subject to availability and subject to the Sellers acceptance of the Order.

4.2. No order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Seller in writing.

4.2.1. Minimum order value for the United Kingdom for free carriage is £1000 .  Orders between £500 and £999.99 will be charged £15 carriage.  Orders below £500 will not be accepted.

4.2.2. Minimum order values for EU customers is £500, carriage will be quoted on an order by order basis.

4.3. If orders are placed on the basis of estimates before official orders/contracts, at least 80% of the estimate must be ordered and invoiced

4.4. Goods are sold on a firm sale basis only, “Sale or Return” is not offered

4.5. Amendments or cancellation of orders must be made in writing 14 working days prior to requested delivery date, after which time it is not possible to make any changes.  If goods are to be manufactured specifically for this order, it is not possible to cancel the order after production has commenced.

5. PRICE AND PAYMENT

5.1. The price shall be that in the Seller’s current stock list, or other such price as the parties may agree in writing. The price is exclusive of VAT or any other applicable costs.

5.2. Payment of the price plus VAT and any other applicable costs shall be completed before delivery or within the standard 30 day terms, or other such terms as the parties may agree in writing.

5.3. The seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment, at a rate of 8% over the Bank of England base rate plus compensation for debt recovery costs, under the Late Payment Legislation, if we are not paid according to our agreed credit terms.

5.4. If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:

5.4.1. Require payment in advance of delivery in relation to any Goods not previously delivered.

5.4.2. Refuse to make delivery of any undelivered Goods and without incurring any liability whatever to the Buyer for non-delivery or any delay in the delivery.

5.4.3. Terminate the contract

6. DELIVERY

6.1. Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer within the timescale specified by the Seller. The Buyer shall make arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

6.2. Standard delivery is conducted using a third party courier or third party pallet carrier.

6.3. Every effort shall be made to deliver orders on the date requested by the Buyer, but this may not be taken as implying any legal obligation to deliver on the due date. In any event, time of delivery period or delivery booking shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery period or date.

7. RISK AND PROPERTY

7.1. Risk of damage or loss of the Goods shall pass to the Buyer in the case of Goods to be delivered at the Sellers, or third Party’s premises, at the time when the Seller notifies the Buyer that the Goods are available for collection, or in the case of Goods to be delivered otherwise than at the Sellers premises, at the time of delivery.

7.2. Notwithstanding delivery and the passing of risk in the Goods or any other provision of these conditions, the property in the Goods shall not pass to the Buyer until the Seller has received, in cash or cleared funds, payment in full of the Price of the Goods and of all other Goods agreed to be sold by the Seller to the Buyer for which payment is due.

7.3. Until such time as the property in the Goods passes to the Buyer (and provided that the Goods are still in existence and have not been resold) the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and if the Buyer fails to do so forthwith to enter upon any premises of the Buyer or of any third party where the Goods are stored and repossess the Goods.

8. LIABILITY

8.1. The Seller will not be liable for short delivery unless a claim is notified within 7 working days of delivery.

8.2. The Seller will not be liable for defective Goods unless a claim is notified to the Seller in writing within 7 working days of the Buyer becoming aware of the defect, or if earlier, within 6 months of the date of delivery.

8.3. In each case, the notification must include the invoice number, delivery note number, details of the claim, and as far as possible be supported by a photograph of the defect.  In the case of a valid claim, the Seller may, in its sole discretion, replace the Goods or refund to the Buyer the Price (or an appropriate proportion of the price)

9. FORCE MAJEURE

9.1. The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply and the Seller shall be entitled to a reasonable extension of its obligations.

10. INTELLECTUAL PROPERTY AND THE RIGHTS TO USE IT

10.1. The Buyer acknowledges and agrees that all copyright, trademarks and all other intellectual property rights in all the Sellers literature and websites shall remain at all times vested in the Seller in the seller.  The Buyer is permitted to use this material only as expressly authorised by the Seller.

11. ELECTRONIC COMMUNICATIONS

By using these Web Sites, You accept that communication with Us will mainly be electronic. We will contact You by email or provide You with information by posting notices on these WebSites. For contractual purposes, You consent to receive communications from Us electronically (to the most recent email address you have provided to us) and You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.

12. DATA PROCESSING AND PRIVACY

12.1 Please see our Cookie page which contains important information about the use of your personal data and other information regarding Your privacy.

13. REGISTRATION, PASSWORDS AND SECURITY

13.1 You have the option to open an account via the Web Sites to place Orders. On registration of an on-line account, You will select a Password and User Name that You can use to access Your on-line account.

13.2 You are responsible for maintaining the confidentiality of Your Password and User Name and are responsible for all activities that occur under them. We do not have the means to check the identity of people using the Web Site and will not be liable where Your Password or User Name is used by someone else (unless such use is due to our negligence).

13.3 You agree to notify Us immediately of any unauthorised use of Your Password or User Name of which You become aware.

14. PAT YOURSELF ON THE BACK

If you are still reading this then WOW! You really have earned yourself a cup of tea and a nice slice of cake.

Stay Groovy!