This website is operated by Gemini Trading (Harpenden) Limited which trades as “Serena Hart” (referred to as “Serena Hart/we/our/us”). You (referred to as “you/your”) acknowledge that your use of this website including any transactions you make is subject to our terms and conditions below (referred to as “these conditions”) including any other important hyper-linked sections. The goods you order from this website will be referred to in these conditions as “the Goods”
The registered address of Gemini Trading (Harpenden) Ltd company number 05717524 is 10 Bowers Parade, High Street, Harpenden, Hertfordshire, AL5 2SH.
Please read through these conditions carefully before using this website. We would recommend that you print out a copy for your future reference.
The references below to numbered paragraphs are to paragraphs of these conditions.
1. Order and Acceptance
1.1 Your order is an offer to buy from us.
1.2 We will inform you if items are unavailable and will supply only approximate dates of when the item is likely to be in stock.
1.3 We will confirm the details of your order by email. This will include notice of our delivery charge together with a timescale estimate for delivery of the items of the type ordered. This confirmatory email will not constitute an acceptance of your order and no binding contract will exist between us until we actually despatch the goods ordered. Until then Simply Feet may decline to supply your order without giving any reason.
1.4 Acceptance of your order will take place upon despatch to you of the Goods unless we have notified you that we do not accept your order or you have cancelled it. (Please refer to our Delivery & Returns Section).
2. Payment and Price
2.1 Payment is by credit or debit card on our website at the time you make your order. Payment is safe, encrypted and secure – for more information please see our Section on Privacy.
2.2 Goods are subject to availability. In the event that we are unable to supply the Goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the Goods.
2.3 The price for the Goods is the price displayed on our website at the time we receive your order. VAT is included unless stated otherwise. Delivery is charged in addition at the rate specified in our email confirming your order referred to in Paragraph 1.3.
2.4 If we have mis-priced any item by mistake, we are not obliged to supply at that price provided we notify you before we despatch it.
3.1 This website is for delivery of Goods to addresses in mainland UK and Northern Ireland only.
3.2 Delivery charges and estimated timescales are specified in our email confirming your order referred to in Paragraph 1.3. We make every effort to deliver Goods within 3 days of the order being placed, but delays are occasionally inevitable due to unforeseen factors. Simply Feet will be under no liability for any delay or failure to deliver the Goods within estimated timescales. All goods will be delivered within 30 days or a refund will be given.
3.3 You agree to notify our Customer Services Department if your Goods do not arrive within 3 working days of the estimated delivery date.
3.4 Delivery will be made to the delivery address specified in your order. Re-despatch of any returned orders may incur an additional delivery charge.
3.5 Risk of loss and damage to the Goods passes to you on the date when the Goods are delivered.
4.1 Title (ownership) in or to the Goods will pass to you on delivery of the Goods provided that we have received cleared payment in full for these Goods.
4.2. Title (ownership) in or to the Goods will pass back to us immediately upon any refund for the price of the Goods being made by us.
5. Damaged, Missing or Incorrect Orders
5.1 You agree to carefully examine the Goods delivered in accordance with your order. In this connection please refer to the Procedure upon receipt of your delivery in our Delivery & Returns Section.
5.2 In order to enable us to rectify the position, you agree to notify us in accordance with the procedure set out in our Delivery & Returns Section if any of the Goods are damaged, missing or incorrect.
6. Cancellation, Refunds, Exchanges
6.1 You have a right to cancel your order by emailing our Customer Services Department either before delivery or within 7 working days starting the day after you receive your Goods. Please refer to the Delivery & Returns Section for details of the cancellation procedure to follow.
6.2 Your right to cancel does not apply to items that you have unsealed or opened. This does not affect your right to examine the goods as you would in a shop.
6.3 An item is only eligible for return if it is in the exact condition in which it was delivered.
6.4 If you cancel your order after delivery within the 7 day cooling off period then you will be responsible for the cost of the return package. Consumers returning goods under the Sale of Goods Act will not inherit this cost in this circumstance cost of the return will be added to your refund. Provided that paragraph 6.3 has been complied with, then following receipt of the return package we will either:
- 6.4.1 in relation to orders for Goods cancelled in accordance with this Paragraph 6 and the cancellation and returns procedure set out in our Delivery & Returns Section refund the purchase price but not the delivery charge; or
- 6.4.2 at your option, exchange the Goods for other goods you wish to purchase from this Catalogue or our website. We will pay the cost of delivering any substituted goods.
6.5 Save as set out in this Paragraph 6 we shall not be under any other liability to you in respect of cancellation, refunds and exchanges of Goods.
7. Liability and Disclaimer
7.1 Nothing in these conditions excludes or limits liability for death or personal injury caused by negligence or fraudulent misrepresentation and paragraphs 7.2 to 7.8 are subject to this paragraph 7.1.
7.2 Serena Hart shall not be liable for any losses or claims (including loss of data, income or profit loss or damage to property and/or loss relating to claims of third parties) arising directly or indirectly from use of this website or in respect of any Goods purchased under these conditions.
7.3 Whilst we take all reasonable precautions to keep the details of your order and payments secure – please refer to our Section on Privacy, we will not be liable unless we are negligent for any losses caused as a result of unauthorised access to information provided by you.
7.4 All indemnities, warranties, terms and conditions (whether expressed or implied) are hereby excluded to the fullest extent permitted by law other than the exclusive remedies set out or referred to in paragraph 6.
7.5 Whilst every care is taken to disclose details relating to products accurately, it is your responsibility to read all product labelling and instructions carefully prior to use. You must satisfy yourself that the Goods meet your requirements. We reserve the right to amend specifications on all items without prior notice.
7.6 Our maximum aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to the price paid or payable by you for the Goods the subject of any contract made pursuant to these conditions.
8. Intellectual property rights
8.1 All information and material including software, data, text, photographs and graphics contained on this website is protected by copyright, trade marks, service marks, patents or other proprietary rights.
8.2 You may only download material from this website for your personal non-commercial use and you may only retrieve and display content from this website if it is it directly connected to an order made by you from this website.
9. Data protection
10. Please refer to our Delivery and Returns Section for the details on how to make a Complaint to our Customer Service team.
11.1 We reserve the right to amend these conditions at any time. All transactions after the date that any such amendments are posted onto the website (see date at the top) will be governed by those amended conditions.
11.2 You may not assign or sub-contract any of your rights or obligations under these conditions or any related order for Goods to any third party unless by prior written agreement of Serena Hart.
11.3 Serena Hart may transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these conditions or any related contract to any third party.
11.4 If any part of these conditions is held by any competent authority to be invalid or unenforceable, the validity or enforceability of the other parts of these conditions shall not be affected.
11.5 A person who is not a party to the agreement created by these conditions (other than a permitted successor or assignee under Paragraph 11.2 or 11.3 above) shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these conditions provided that no consent is required from any third party for variation or rescission of these conditions (whether or not that varies or extinguishes rights or benefits in favour of such third parties in any way).
11.6 No delay or failure by Serena Hart to exercise any powers, rights or remedies under these 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 effective waiver must be in writing and signed by an authorised representative of Serena Hart.
11.7 These conditions including the documents or other sources referred to in these conditions contain the entire agreement and understanding between you and Serena Hart for your use of this website and supersede any prior representations understandings and agreements between you and Serena Hart relating to the use of this website (including the order of Goods).
11.8 These conditions will not affect your statutory rights.