CORGI
1 Elmwood Chineham Business Park, Crockford Lane, Basingstoke, Hampshire RG24 8WG
CORGI is a trading name of CORGI Group Ltd (Registered in England & Wales, number: 5495736.
Accessing, using or purchasing from this Site constitutes your agreement to abide by the terms and conditions so please read them very carefully. We reserve the right to amend them from time to time, so please check them each time you access the Site.
1. Definitions
Conditions: means the terms and conditions set out in this document and any special terms and conditions agreed in writing by Us and set out in the Contract, if any;
Contract: the Contract for the sale of Goods formed by Our acceptance of Your order
Customer: You
Default: any act, representation or omission by Us, Our officers, employees or agents which is done, made or not done (as the case may be) as a result of any act, representation or omission of any of them (whether deliberate or negligent), in connection with or in relation to the Contract as a result of which We are legally liable to You or any third party whether in contract, tort or otherwise. A number of Defaults which together result in or contribute to substantially the same loss or damage shall be treated as one Default occurring on the date of the occurrence of the first such Default
Goods: the goods, products and services offered to You via the Site
ID: Your user name and password for online registration
Information: all information and materials on the Site, whether together or separately;
Rights: copyright and all other proprietary and intellectual property rights to and in the Information whether together or separately, unless stated otherwise;
Site: the Site on the World Wide Web located at www.trustcorgi.com including all Information
We/Us/OurCORGI
You/Your the person(s), firm or company accessing or using the Site or placing an order with Us
2. Information Rights and Ownership
2.1. The Site is owned by Us. Unless We indicate otherwise the Information and the Rights are and shall remain Our property and are protected by copyright and trade mark laws. All Rights in the Information are reserved.
2.2. You may access the Site subject always to these Conditions.
2.3. Information may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way except that You may store, copy or download one copy on any single computer for personal non commercial use only provided that You keep intact all copyright and other proprietary notices regarding the Rights.
2.4. Deletion, modification or use of the Information for any unauthorised purpose violates Our copyright, trademark, and trade secret rights and others' proprietary rights.
2.5. If You download software from the Site, the software is licensed to You on a non-exclusive, non-sub licensable basis. Ownership of the software will not transfer to You. You may not redistribute, sell, decompile, reverse-engineer or disassemble the software.
2.6. Any software ordered via the Site is subject to the terms of the licence included in the product.
2.7. The use of any Information on any other web site or network computer environment is forbidden.
2.8. Except as provided herein, no licence is granted to You to copy or reproduce any of the Information electronically, in written form or otherwise. If You wish to reprint any Information outside of personal, non-commercial use, contact Us at the above address.
3. Links to Other Sites
3.1. You may find links to independently managed sites. We have authorised links only to those "off site" pages listed on the Site as authorised. Any other links to the Site are not authorised. We cannot control the content appearing on these sites or any attachments to them and so We make no warranty or representation regarding defamation offence or otherwise regarding the same.
4. Formation of Contract
4.1. All orders for Goods are accepted when You receive a confirmation email to this effect, subject always to clauses 5.1, 5.2 and 5.3 below.
4.2. Where the use of the Goods is stated to be subject to any instructions or warnings, they are supplied on the condition that such instructions or warnings will be strictly adhered to.
5. Prices and Goods
5.1. Subject to clauses 7.1 and 7.2 below, prices for the Goods include delivery and taxes but exclude Customs & Excise duty. All Goods are subject to availability and may be withdrawn at any time. The price of an item is the price at head office on the day of Your order. We reserve the right to change any price before You place an order.
5.2. We try to ensure that all prices on display on the Site are accurate but the price on Your order will need to be validated by Us prior to processing Your order. Where an item's correct price is higher than the price stated on Your order We will contact You to let You know the correct price and give You the opportunity of cancelling before We dispatch the Goods.
5.3. Where We hold insufficient quantities or run out of stock, the date when We expect to receive further stock will be displayed alongside the item. Where Goods are discontinued or cannot for some reason be delivered We will contact You by email or telephone to inform You of this and give You a likely delivery date or suggest an alternative item similar to the one ordered. Discontinued items will be removed from the display of the Site. Where this is part of a larger order We will process and dispatch the available Goods to You in the normal manner.
5.4. We reserve the right to make any changes in the provision of any services which are required to conform with any applicable statutory or EC requirements or which do not materially affect the quality or performance of the services.
6. Payment
6.1. Payment must be provided by You on the date that You place an order for Goods. Time is of the essence in relation to payment.
6.2. Payment must be made by Visa, MasterCard, Delta, Switch or CORGI approved account. Payment will be debited from Your account after acceptance of Your order and confirmation by Our warehouse of despatch of the Goods requested.
6.3. You confirm that the credit/debit card being used is Yours and that You have given Us the correct billing and delivery address.
7. Delivery and Inspection
7.1. We deliver to any address in the UK, Northern Ireland and the Isle of Man free of charge for orders above £20.00, for orders below this amount a postal charge of £2.50 will be applied.
7.2. Where You request delivery to an address outside of the UK, Northern Ireland or the Isle of Man, You will incur a delivery charge which will be outlined with the individual promotion or offer or notified to You.
7.3. Internet orders will usually be delivered in 28 working days unless We advise otherwise.
7.4. You agree to our providing the Services within seven days of your placing the order.
7.5. All delivery times are estimates only and, while We will endeavour to avoid delay, We will not be liable to You for any loss or damage arising from delay in delivery. Time for delivery is not of the essence.
7.6. If We are unable to perform the whole or part of the Contract due to any cause or event beyond Our control We may by notice in writing to You, cancel or suspend the Contract in whole or in part without liability.
7.7. We may deliver the Goods by instalments. Where We deliver by instalments and a delivery charge is payable, You will only incur one delivery charge. The delivery charge will be outlined with each individual promotion or offer.
7.8.You will inspect the Goods at the place and time of delivery.
7.9. Risk for damage to or loss of the Goods shall pass to You at the time of delivery or if You wrongfully fail to take delivery of the Goods, at the time when We tender delivery of the Goods.
8. Reservation of title
8.1. Title to the Goods will not pass to You until all monies due to Us on any account have been received by Us.
9. Cancellation and Goods returned for credit
9.1. You may cancel your contract with us and return any item subject to Our Guarantee and Returns policy, which You confirm You have read and understood. return policy available here.
9.2. If you agree to our providing services to you within the cancellation period you will loose all or part of your cancellation period.
10. Shortage and transit damage
10.1. Where You receive the wrong Goods, short delivery or Goods damaged in transit, You must contact Us immediately otherwise the Goods will be deemed to have been delivered in the quantities shown in the delivery document.
10.2. Our liability for short delivery is limited to making good the shortage.
10.4. Where it is apparent that the Goods do not conform with the Contract You must inform Us by telephone or email within 7 working days otherwise the Goods will be deemed to have been accepted and to be in good working order.
10.5. Where Goods prove to be faulty as a result of a manufacturer's defect We will replace them without charge, repair or give credit within 3 months of the date of the delivery of the Goods.
11. Your Obligations and Warranties
11.1. You warrant to Us that You will use the Site for lawful purposes. In particular, You warrant that You will:
11.1.1. Keep secure and not disclose Your ID to third parties and that Your ID will only be used for authorised purposes communicated to You by Us and also that You will notify Us immediately of any known or suspected unauthorised use of Your ID;
11.1.2. Observe the procedures which We set from time to time;
11.1.3. Not post, link or transmit to the Site any material which is unlawful, abusive, malicious, threatening, defamatory, obscene, pornographic, blasphemous or objectionable in any way;
11.1.4. Not post, link or transmit to the Site any material which contains a virus or other hostile computer program;
11.1.5. Not post, link or transmit to the Site any material which constitutes or encourages the commission of a criminal offence or which infringes any patent, trade mark, design rights, copyright or any other intellectual property right or similar rights of any persons;
11.1.6. Treat all confidential and proprietary information and documents provided by Us to You, including any ID, as confidential and not disclose the same to a third party.
12.Waiver
12.1. Our failure to insist upon the strict performance of any of Your obligations under these Conditions or any Contract will not be construed as a waiver and will not affect Our rights to require strict performance of such obligations.
13. Costs of enforcement
13.1. You will pay to Us all expenses, including cost of employee's time and legal costs on a full indemnity basis, incurred by or on Our behalf in enforcing the provisions of these Conditions or any Contract.
14. Severability
14.1. If any part of these Conditions or any Contract is found to be invalid or unenforceable, this will not affect the remainder of the Conditions or Contract, which will remain in full force and effect.
15. Notices
15.1. Notices must be in writing and may be served by sending it by recorded delivery post or email to Our address set out above.
16. Rights of third parties
16.1. Nothing in these Conditions or any Contract will give or is intended to give rights to any third party under the Contracts (Rights of Third Parties) Act 1999.
17. Disclaimer and Warranties
17.1. To the extent allowed by applicable law, We make no representation regarding the Site, the Information on the Site or Goods supplied. To the extent allowed by applicable law, We disclaim all conditions, terms, representations and warranties, express or implied, including without limitation the implied warranties of satisfactory quality, fitness for a particular purpose, reasonable care and skill or of non-infringement of any third party proprietary rights regarding the Site, the Information, any website the Site is linked to and the Goods.
17.2. We give no warranty as to the functions of or Information on the Site nor do We warrant that the Information or the Goods will meet Your requirements.
17.3. We give no warranty that the operation of the Site, or the supply of the Goods will be uninterrupted or (as applicable) error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components.
17.4. We give no warranty or representation as to the use or the result of the use of the Information in terms of its correctness, accuracy, reliability, currency or otherwise, and so We assume no liability for and give no representation regarding any errors or omissions in the Information on the Site.
18. Limitation of liability
18.1. The following clause specifies to the extent allowed by applicable law the extent to which We will be liable for Default. Our entire liability and Your sole remedies, in contract, tort or otherwise, are set out in this clause.
18.2. We will replace any Goods which are not of satisfactory quality as outlined in clause 10.4.
18.3. We will accept unlimited liability for death or personal injury caused by Our Default.
18.4. Subject to clauses 18.5, 18.6 and 18.7 We will accept liability for direct physical damage to Your tangible property resulting from Default.
18.5. We will not be liable for the following loss or damage however caused and even if foreseeable by Us:
18.5.1. Economic loss, which includes loss of profits, loss of use of profits, business, revenue, goodwill or anticipated savings;
18.5.2. Special, indirect or consequential loss;
18.5.3. Loss or damage arising from Your failure to fulfil Your responsibilities or any matter under Your control or that of a third party;
18.5.4. Loss or damage arising from Our acting in accordance with Your instructions and/or those of Your officers, employees, agents or third parties engaged by You;
18.5.5. Fair wear and tear; or
18.5.6. Loss or damage arising from Your failure to comply with clauses 10.1, 10.3 or 10.4; or.
18.5.7. Loss, damage, cost, expense or other damage relating to credit card fraud and arising from the provision by You of Your credit card details via the Site and further to these Conditions and/or any Contract.
18.6. Unless We agree otherwise in writing, Our entire liability for actual damage in respect of any one Default will not, in any event, exceed one and a half times the price of the Goods which are directly related to the Default.
18.7 Except in respect of payments due under these Conditions or any Contract and claims under clause 18.3 no action may be brought by either party against the other more than twelve months after the cause of action has accrued.
18.8. You acknowledge that:
18.8.1. The price of the Goods has been calculated on the basis that We exclude and or limit Our liability to You in accordance with Your agreement to abide by these Conditions;
18.8.2. The exclusions and limitations in these Conditions are fair and reasonable in all the circumstances known at the date of Your agreement to abide by these Conditions; and
18.8.3. It is not possible to foresee and provide in these Conditions (in particular by way of adjustments to the price of the Goods) for all contingencies which may give rise to loss, damage or liability.
18.9. Each of the limitations and exclusions above is to be construed separately, applying and surviving even if any one or other of the limitations or exclusions is held inapplicable or unreasonable, and will remain in force despite termination of these Conditions or any Contract.
19. Miscellaneous
19.1. The headings are for convenience only.
19.2. These Conditions contain the entire agreement between You and Us in respect of the subject matter. These Conditions may not be amended orally and no waiver or amendment will be binding unless in writing and expressly incorporated into these Conditions by Us. In agreeing to these Conditions, You have not relied on any representation other than those expressly stated in these Conditions and You agree that You will have no remedy in respect of any misrepresentation which has not been made expressly in these Conditions.
19.3. These Conditions and any of Your rights under these Conditions are personal to You and may not be assigned to a third party without Our prior written consent.
19.4. These Conditions do not imply or create an employment, partnership or joint venture between You and Us.
20. Data Protection and Privacy
20.1. We hold any details provided to Us by You in accordance with the Data Protection Act 1998. Further details are set out in Our Privacy Policy Document, which You confirm You have read and understood. Privacy policy available here
21. Governing Law and Jurisdictional Issues
21.1. We make no representation that any Information on the Site is appropriate or available for use in any locations/jurisdictions other than the United Kingdom. If You choose to access and/or use the Site from locations other than the UK, You do so totally at Your own risk.
21.2.English Law governs these Conditions and You submit to the jurisdiction of the English Courts.