Last updated on : 16 March 2021
Last updated on : 16 March 2021
These Terms are the rules for using Our website www.gabbydaveglobal.com (“the Website”). It will form an agreement between You, the User of this Website (“You/Your”) and GabbyDave Limited & its affiliates, (“GabbyDave/Us/Our/We”) the owner(s) of the Website.
Your attention is particularly drawn to the provisions of clause 10 which may limit our liability to you and your rights.
We suggest that You print/save a copy of these Terms for future reference, but please note that the Terms may be amended from time to time and You should always ensure You are referring to the correct and most updated version as published on Our Website.
These Terms apply to Your use of this Website at any time and for whatever purpose. It will not change the terms of any other agreement we may have in place with you.
You represent and warrant that You are over the age of 18 and are lawfully able to accept these Terms. If You are using the Website on behalf of any entity, You further represent and warrant that You are authorised to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify Us for violations of these Terms.
Company details. GabbyDave (company number 09465367) is a company registered in England and Wales and Our registered office and main trading address is at 33 Bolton Road, Bury, Greater Manchester, BL8 2AB. Our VAT number is 368123296. We own and operate the Website You can find at www.gabbydaveglobal.com (“the Website”).
Contacting Us. To contact Us, telephone Our customer service team at 01617613623 or e-mail Us at email@example.com if You would like to give Us formal notice of any matter under these Terms please refer to clause 20.2.
(a) Our https://gabbydaveglobal.com/privacy-cookie-policyand see below how We may use Your personal information;
Agreement. We will rely on these terms and your order as the agreement between us as far as is legally permissible. If you require any changes, please make sure that you ask for them in writing to try and help avoid misunderstandings of what we expect of each other. If You are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms. Our liability to you will also be capped to the value of the goods purchased if you are a business customer.
Transfer of Contract. We may transfer our rights and obligations under these Terms to another organisation. We will always let you know in writing if this happens and will make sure that your rights under this contract are not affected. You may not transfer your rights to another party without our prior consent.
Contracting Age. In order to validly contract with Us You must be 18 years or older. Please do not use this Website if You are not 18 years or older.
Location & Language. These Terms and Our Contract are intended for people residing in the UK. We do not represent that the content available on or through our Website is appropriate for use in other locations and will be made only in the English language.
(a) We may change Our Terms from time to time, to reflect any changes to what we offer, Our customer’s needs and our business priorities. We will try to give you reasonable notice of these changes and We will publish the updated Terms on the Website. You should check these Terms regularly and at least every time You use the Website to ensure that You are happy with any changes. You will be deemed to have accepted any changes to the Terms if You continue to access or use the Website.
(b) We may also update and change our Website from time to time.
Website content disclaimer. Materials and information published on Our Website are not intended as advice and should not be relied on as such. All materials and information are for publicity and informational purposes only. We do not guarantee that the contents of the Website will be free of errors, trojans, viruses, bugs, worms or otherwise make any representations in respect of its quality, accuracy or completeness of the content available on the website.
Security & Your use of this Website. You are responsible for maintaining appropriate software on your computer or device to protect you from any errors, bugs, worms, trojans or viruses.
Password protection. You are responsible for access to the Website using your Internet connection, even if if this is by another person. You remain responsible for the safety and security of Your password and log in details. To help protect against unauthorised access to Your account We suggest You store Your username(s) and password(s) safely and securely. Please ensure that Your password is not one You have used before, that it is eight characters or more and, ideally, not one that You use on other sites.
We recommend that You do not disclose Your username(s) and password(s) to anyone. We also recommend that You sign out of Your account at the end of each session. You may also wish to close Your browser window when You have finished Your session, especially if You share a computer with someone else or if You are using a computer in a public place.
Unauthorised access. If You suspect that unauthorised access has been made to Your account You must notify Us immediately by contacting firstname.lastname@example.org or + 44(0) 1617613623 We will investigate any suspicious activity. We reserve the right, and You authorise Us, to disable or block Your account and any user identification code or password at any time where it is suspected that unauthorised access has been made to Your account or for any other reasonable reason in Our discretion.
Restricted Access. We reserve the right to reasonably restrict your access to the Website or part of it. Access to restricted areas may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these Terms).
When using this Website You undertake the following:
Use. You may not use this Website or the content for anything other than personal and non-commercial purposes. Any commercial use will require a license from Us.
Restrictions. You may not:
(a) print, download, copy, adapt or re-transmit any or all of the Website or the content except for Your personal, non-commercial use of the Website. This means you may print one copy for your personal use. Our status as the authors of the content must always be acknowledged;
(b) use any data mining, robots or similar data gathering or extraction methods;
(c) manipulate or display the Website or its content by using framing or similar navigational technology;
(d) register, subscribe, unsubscribe, or attempt to register, subscribe, or unsubscribe any party if You are not expressly authorised by such party to do so; and
(e) use the Website or its content other than for its intended purpose or in violation of any applicable laws including, without limitation, copyright and trademark laws, the laws of privacy and publicity, and applicable communications legislation and regulations;
(f) use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement you make;
(g) upload any data (where applicable) which is malicious, false, misleading, fraudulent , defamatory or offensive in content. Any breach of this term constitutes a material offence and may result in the removal of such information and/or refusal by Us to allow any further dealings with You, and/or possible prosecution with the relevant authorities. In such event, You will have no claim or claims of whatsoever nature or kind against Us arising out of cancellation or prosecution as the case may be;
(h) interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks;
(i) transmit or otherwise make available in connection with the Website any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
(j) modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website;
(k) remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website;
(l) frame or mirror any part of the Website without our express prior written consent;
(m) create a database by systematically downloading and storing Website content;
(n) use any manual or automatic device in any way to gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.
Representations. You represent and warrant that You will comply with all applicable laws and regulations, including, without limitation, those relating to the internet, data, electronic communications, privacy, and the transmission of data applicable to the United Kingdom when using this Website.
Availability. We will use reasonable endeavours to keep the system available and maintain full system functionality at all times. We will not be liable to You or any other person in respect of any loss or damage arising from the unavailability of, or interruption in, the service.
User-generated content is not approved by Us. This website may include information and materials uploaded by other users of the Website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by Us. The views expressed by other users on our Website do not represent Our views or values. If You want to complain about content uploaded by other users, please contact us on email@example.com.
Sign out. You must sign out of the Website once You have finished using the Website. If You do not do this, unauthorised transactions may result, for which We will not be liable.
Reliability. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
All content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of or licensed to Us, Our affiliates or other relevant third parties. Such material is protected by applicable United Kingdom and International intellectual property, copyright and other relevant laws and You may not use any of the material on this Website without our prior written permission.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on this Website or unless given express written permission to do so by Us.
We are committed to secure storage of Your personal information. Under no circumstances will We give or sell any information relating to Our clients to third parties, or organisations except to those of Our registered service providers who are required to render Services to You and who are bound to comply with Data Privacy Legislation.
This Website may contain links to other sites. Unless expressly stated, these sites are not under Our control and we do not endorse the Website or its contents. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
Disclaimer. We do not intend to exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, your rights to receive products which are as described and match information we provided to you, that goods are of a satisfactory quality or fit for any particular purposes made known to us and for defective goods or any of your rights under any consumer protection legislation since this Website is intended only for personal domestic use.
Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity if you do.
If we fail to comply with these terms, We are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or Our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both We and you knew it might happen, for example, if you discussed it with us during the sales process.
We will use our best endeavours to provide access to are under no obligation to provide uninterrupted access to this Website. We reserve the right to restrict your access to this Website at any time and for any reason.
We do not guarantee that the contents of this website will be free of errors, bugs, worms, trojans or viruses or otherwise make any representations as to the quality or accuracy or completeness of the content available on the Website. You are responsible for maintaining appropriate software on your computer or device to protect you from any errors, bugs, worms, trojans or viruses.
We take no liability for the Website being accessed by an unauthorised third party due to You not keeping Your login details secure.
We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
This clause 10 will survive termination of the Contract.
Goods. This Website publishes African fashion clothing, hair and beauty products and health and wellness products for sale which are uploaded by various manufacturers and / or third-party sellers of the goods.
Manufacturers and sellers. Please note that these Terms do not govern the relationship as between Us and our manufacturers, suppliers and third-party sellers. If you are a manufacturer, supplier or third-party seller contact us at firstname.lastname@example.org and we will provide you with the necessary documentation to sign up to enable you to sell goods on this Website.
Specification of Goods & Images. The specification of the goods is as stated on the Website. Subject to our right to amend the specification or description of the goods from time to time we endeavour to supply the goods to you in accordance with the specifications published on the Website. The images of goods on our website are for illustrative purposes only and although we have made every effort to display colours accurately, we cannot guarantee that a device’s display of the goods accurately reflects the colours of the goods. Your goods may vary slightly from those images. If goods are handmade, all sizes, weights, capacities and dimensions indicated on the website have a 2% tolerance to differ from the website to compensate for its uniqueness. The packaging of the goods may vary from that shown on the images.
Changes to specification. We reserve the right to amend the specification of the goods on the Website as provided by the sellers or manufacturers and if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the goods or if it is necessary to make improvements or minor technical adjustments to address security and functionality. Please check the Website regularly for such updates. Major changes to the specifications in order to ensure a better customer experience and more accuracy will be communicated to you and you may end the contract with us for goods paid for but not received yet.
Warranty. Any warranty in respect of the goods shall only be the warranty as provided by a seller / manufacturer of the goods. Our service is to provide a platform for the buying and selling of goods on the Website and accordingly we are not able to directly warrant any goods for sale on the Website in any manner and disclaim ourselves from liability in this regard as far as legally allowed.
Orders. In order to purchase goods on this Website you need to select the goods which will generate an order and order number. This is an offer to purchase the goods from Us subject to terms set out on this Website. On acceptance of Your order a tax invoice will be generated, which You can pay using the payment facilities on the Website.
Contract of Sale. We must receive payment of the whole of the price for the goods that You order before Your order can be deemed accepted by Us and a valid contract of sale is concluded. Once payment has been received by Us we will confirm that Your order has been accepted by sending an email to you at the email address you provide in Your order form. Our acceptance of Your order brings into existence a legally binding contract between us.
Placing your order. Please follow the on-screen prompts to purchase goods. You may only place an order using the method set out on the Website.
Correcting input errors. Our order process allows You to check and amend any errors before submitting Your final order to Us. Please check the order carefully before confirming it. You are responsible for ensuring that Your order details are complete and accurate.
Acknowledging receipt of your order. After You place Your order, You will receive an automated e-mail from Us acknowledging that We have received it together with Our invoice, but please note that this does not mean that Your order has been accepted. Our acceptance of Your order is subject to payment being made in accordance with Our invoice to You.
Accepting your order. Our acceptance of Your order takes place after payment is received in accordance with these Terms and when We send an e-mail to You confirming payment and acceptance. (“Order Acceptance”), at which point and on which date a Contract between You and Us will come into existence. The Contract will relate only to the goods purchased, confirmed and accepted in the Order Acceptance.
If we cannot accept your order. If We are unable to supply You with the goods ordered for any reason, We will inform You of this by e-mail And we will not process Your order or send an invoice. If You have already paid for the goods, We will refund You the full amount.
Your obligations. It is your responsibility to ensure that:
(a) the terms of Your order are complete and accurate;
(b) You cooperate with Us in all matters relating to the goods; and
(c) You provide Us with such information and materials We may reasonably require in order to supply and correctly deliver the goods and ensure that such information is complete and accurate in all material respects.
Prices. The prices payable for goods that You order are as set out in our website.
Delivery Charges. You will be required to pay extra for delivery and it might not be possible for Us to deliver to some locations. Our delivery charges are set out in Our website.
Currency. All prices and refunds in terms of this Website are always payable in Pounds Sterling.
Change of Order. If You wish to change the order after We accept Your order, We will let you know if the change is possible. If possible and We agree in writing to such change, We will modify the price and tax invoice accordingly as well as the timing of delivery or anything else necessary as a result of the change and We will ask You to confirm You wish to go ahead.
Correction of Pricing. We take all reasonable care to ensure that the prices published for the goods are correct at the time when the relevant information was entered into the system. It is always possible that, despite Our reasonable efforts, some of the goods on Our Website may be incorrectly priced. Where the correct price for the goods is less than the price stated on Our Website, We will charge the lower amount and if the correct price for the Services is higher than the price stated on Our site, We will contact You in writing as soon as possible to inform you of this error and We will give You the option of continuing to purchase the goods at the correct price or cancelling Your order. We will not process Your order until we have Your instructions. If We are unable to contact You using the contact details You provided during the order process, We will treat the order as cancelled and notify You in writing. However, if We mistakenly accept and process Your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by You as a mispricing, We may cancel supply of the goods and refund You any sums You have paid.
Change in pricing. Pricing may change from time to time, but changes will not affect any order You have already placed.
VAT. Our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the goods You must pay Us such additional amounts in respect of VAT, at the applicable rate, at the same time as You pay the purchase price of the goods.
Payment Methods and terms:
(a) Payment for the goods is in advance through the payment portal used (such as Stripe and Paypal but not limited to it) by providing your credit card details and is automatically deducted by the payment portal service provider.
(b) You can pay for the Services using a debit card or credit card. We accept the following cards (which we may revise at any time as indicated on the Website):
Visa, MasterCard, Maestro, American Express, JCB, Discover, Diners Club, Union Pay, Google Pay and Apple Pay.
(c) You agree that a payment transaction constitutes an electronic transaction and that a binding contract has been concluded between us in terms of which You authorise Us (or the payment portal service provider) to deduct from, or to debit, the credit card the amount owing for gods purchased.
(d) If a transaction is authorised by the bank you will receive on screen confirmation of Your purchase. Should the transaction be declined by the bank, You will receive notification of this on screen and no purchase will be made. Your bank may charge fees for declining a payment which we will not be responsible for.
(e) We are not able to check Your name against any card details inputted into the chosen payment portal system and accordingly You indemnify Us against any claims howsoever arising from incorrect card details or the use of Your card by persons who have no authority to do so.
(f) On confirmation of a purchase, an e-mail and/or SMS (providing you have supplied a mobile number) will be generated and dispatched to You. The e-mail address provided by You will be used to send the receipt. Only United Kingdom mobile phone numbers will be sent the confirmation by SMS. It is advised that You print the confirmatory e-mail receipt for Your record purposes.
Invoice. We will send you an electronic invoice on receipt of your order.
Failure to Pay. If you fail to make a payment of the invoice within 24 (twenty-four) hours of receipt of the invoice Your order will be automatically cancelled and an automated notification will be sent advising You of the cancellation.
No set-off. We shall each pay all amounts due under these Terms Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
Confirmation. By clicking the “Payment” button, you signify that all your payment information provided is correct and accurately inputted and that you accept all terms and conditions contained in this Website.
Comments, complaints and inquiries with regard to payments should be e-mailed with full detail including the order reference number to email@example.com .
You may cancel Your contract with Us for the goods You order at any time up to the end of the 14th (fourteenth) working day from the date You receive the ordered goods. You do not need to give us any reason for cancelling Your contract nor will You have to pay any penalty.
You also have a legal right to end the contract because something we have done. If you end the contract for a reason set out in a) to e) below, it will end immediately and we will refund you in full for any goods which have not been provided and you may also be entitled to compensation. The reasons are:
(a) We tell You about an upcoming change to goods or these terms to which you don’t agree;
(b) We tell You about an error in the price or description of the goods you have ordered and You don’t want to proceed with the purchase;
(c) We tell You that there is a risk that the delivery may be significantly delayed because of events outside of Our control;
(d) We tell You that We have suspended supply of the goods for technical reasons for a period of more than 30 days;
(e) You have the legal right to end the contract between Us due to something We did wrong.
If you are a consumer, then for most goods bought online you have the legal right to change your mind within 14 days and receive a refund. Please follow the steps set out in these terms to do so. Note that if Your delivery has been split, the 14 days run from the last delivery.
Your rights to cancel set out in 15.3 above does not apply to goods sealed for health protection or hygiene purposes, video and audio recordings or computer software once these have been unsealed after You received them.
To cancel Your contract you must notify us in writing at firstname.lastname@example.org as soon as possible and within the times above.
If You have received the goods before You cancel Your contract then You must send the goods back to the following address 33, Bolton Road, Greater Manchester, BL8 2AB. 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 address above at your own cost and risk as soon as possible.
We will only pay the costs of the return if the products were entirely or materially misdescribed or faulty; if you are ending the contract due to an upcoming change We have notified You of or if within the 14 day cancellation period set out above.
Once You have notified us that you are cancelling Your contract, any sum debited to Us from your credit card will be credited to 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 shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to You.
We reserve the right to cancel the contract between us if:
(a) You do not make payment to Us when due;
(b) You do not provide us with the necessary information to deliver to You within a reasonable time of asking for it, such as your delivery address;
(c) We do not/can no longer deliver to Your area; or
(d) 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.
If We cancel Your contract we will notify You by email and will credit to Your account any sum deducted by Us from Your credit card as soon as possible but in any event within 30 days of Your order. We will not be obliged to offer any additional compensation for any disappointment suffered.
If We cancel the contract because You break the contract, we will refund any money you have paid in advance for goods not received but we may deduct a reasonable amount as compensation for the net costs We will incur as a result.
We will deliver the goods ordered by You to the address You give us for delivery at the time You make your order.
Delivery will be made as soon as possible after Your order is accepted and in any event within 30 days of Your order. We are not responsible for delays outside of our control. We will contact you and advise You of such delays as soon as possible and take steps to minimise the effect of the delay. If there is a risk of a substantial delay, you may contact us to cancel Your order and receive a refund for goods not yet received.
You will become the owner of the goods You have ordered when they have been delivered to You. Once goods have been delivered to You they will be held at Your own risk and We will not be liable for their loss or destruction.
If you do not take delivery of the goods after a reasonable attempt to deliver it to you and do not re-arrange delivery or collect the goods per arrangement with us, we may cancel the contract with you or charge you for any storage costs or further delivery costs
If the goods We deliver are not what You ordered or are damaged or defective or the delivery is of an incorrect quantity, We shall have no liability to You unless You notify Us in writing at our address email@example.com of the problem within 10 working days of the delivery of the goods in question.
If You do not receive the goods ordered within 30 days of the date on which You ordered them, We shall have no liability to You unless you notify us in writing at our address firstname.lastname@example.org of the problem within 40 days of the date on which You ordered the goods.
If You notify a problem to us under clauses 18.1 and 18.2, Our only obligation will be, at Your option:
(a) to make good any shortage or non-delivery;
(b) to replace or repair any goods that are damaged or defective; or
(c) to refund to You the amount paid by You for the goods in question in whatever way We choose.
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.
Termination. Without limiting any of Our other rights, We may suspend or terminate these Terms with You or revoke Your access to the Website with immediate effect by giving written notice to You if:
Consequences of termination. Termination of these Terms Contract will not affect Your or Our rights and remedies that have accrued before termination.
Survival. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
When We refer to “in writing” in these Terms, this includes e-mail.
Any notice or other communication given under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first-class post or other next working day delivery service, or e-mail.
A notice or other communication is deemed to have been received:
(a) if delivered personally, on signature of a delivery receipt [or at the time the notice is left at the proper address;
(b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(c) if sent by e-mail, at 9.00 am the next working day after transmission.
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
Waiver. If We do not insist that You perform any of Your obligations under the Contract, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You or that You do not have to comply with those obligations. If We do waive any rights, We will only do so in writing, and that will not mean that We will automatically waive any right related to any later default by You.
Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Third-party rights. The Contract is between You and Us. No other person has any rights to enforce any of its Terms.
Governing law and jurisdiction. If you are a consumer these terms, their subject matter and their formation, are governed by English law. You and We both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you are a business these terms its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Assignment. We may assign or transfer Our rights and obligations under this contract (but provided it does not adversely affect your rights under these terms) to another entity but will always notify you in writing or by posting on this Website if this happens.
Third party rights. These terms are between you and us. No other person has any rights to enforce any of its terms.