Terms & Conditions 

About these Terms

These terms and conditions (these “Terms”) apply to and form part of every contract between Guinot-Mary Cohr UK Ltd and customers (“the Customer”, “you” or “your”) for all purchases of products made on our website.

No terms and/or conditions which the Customer may seek to impose or which may be implied by trade, custom, practice or course of dealing shall apply. These Terms are only available in English. No other languages will apply to these Terms.

We reserve the right to alter these Terms at any time. Any changes will take effect when notified to you and posted on our website, provided however that any amendment to the Terms will not affect any existing Contract between you and us.

Nothing in these Terms affects your statutory rights.

About us

Guinot-Mary Cohr UK Ltd is a company registered in England and Wales (company number 01074674, VAT Number GB211885274) whose registered office address is at The Clock House, High Street, Ascot, Berkshire, United Kingdom, SL5 7HU (“Guinot”, “we”, “us” or “our”).

Contacting us

You can contact us by telephoning our Customer Service team on 0044 1344 873 123 or by email to customer.services@guinotmarycohr.com, or by post to Guinot-Mary Cohr UK Ltd, The Clock House, High Street, Ascot, Berkshire, United Kingdom, SL5 7HU.

Keeping your contact details up to date

It is important that we keep all your contact details up to date. You must tell us (using any of our above contact details) if you change your name, address, email address or telephone number. For security, we may then contact you to confirm your change of details.

GENERAL TERMS

1. Definitions

Business Day – a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

Contract – the agreement between us (Guinot) and you (Customer) for the sale and purchase of the Goods, including these Terms and any Order Confirmation.

Force Majeure Event – means an event or sequence of events beyond a party’s reasonable control preventing or delaying it from performing its obligations under the Contract including but not limited to, an act of God, fire, flood, lightning, earthquake, or other natural disaster, war, riot, or civil unrest, interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service, or material required for the performance of the Contract, epidemic or pandemic, strike, lockout or boycott or other industrial action including our suppliers’ workforce, but excluding your inability to pay or circumstances resulting in your inability to pay.

Goods — the products that we sell to you under the Contract.

Order – your order for the Goods.

Order Confirmation— our written confirmation of acceptance of the Order via email.

Terms — these terms and conditions.

1. Our contract with you

 

1. 1. These Terms and the Order Confirmation together set out the whole Contract between the Customer and Guinot. If any of these Terms is inconsistent with any term of the Order Confirmation, then the Order Confirmation shall prevail.

 

1. 2. A contract for the sale and purchase of Goods on these Terms shall become binding on you and us when we send you the Order Confirmation.

 

1. 3. You must check that the Order Confirmation is complete and accurate and inform us immediately of any discrepancy as we will not be responsible for any errors in your Order.

 

1. 4. If you place an order on behalf of someone else, you confirm to us that you have all necessary authority to do so. You must not impersonate any other person or use a false name or a name that you are not authorised to use. We may require confirmation from the account holder of your authority, which may include limits on your purchasing authority.

3. Purchase and availability of goods

1. 1. All Goods are offered subject to availability.

 

1. 2. When you have placed an Order, we will acknowledge it by email. This acknowledgment does not, however, mean that your Order has been accepted by us.

 

1. 3. We will only issue the Order Confirmation if the Goods are in stock or on order from our supplier. It occasionally happens that Goods are or become unavailable for reasons outside our control. If this happens, we will inform you if this means that delivery of any of the Goods will be delayed or has become impossible. If delivery has become impossible:

 

1. 1. 1. we will do our best to offer you an acceptable substitute for the same or better standard and price which you can choose to accept or reject; and

 

1. 1. 2. we shall otherwise have no legal responsibility to you other than to make a refund or credit as appropriate.

 

 

4. Price of the Goods
   1. All prices are in pounds sterling (£) (or if you are located in the Republic of Ireland in euro (€)) and include VAT at the applicable rate but exclude delivery charges.

 

1. 2. The contract price of the Goods, inclusive of any applicable UK or Irish customs duty, excise duty and VAT payable and any applicable delivery charges, will be as set out in the Order Confirmation.

 

1. 3. We reserve the right to change our prices. No such changes will affect orders in respect of which we have already issued an Order Confirmation.

 

1. 4. We use all reasonable efforts to ensure that the prices shown on our website are accurate. However, errors may sometimes occur. If we discover an error in the price of a product, we shall be under no obligation to accept or fulfil an order at the incorrect price and reserve the right to cancel the order and refund you the price paid even after we have issued an Order Confirmation.

5. Payment methods

1. 1. Our standard policy is to process payment at the time of ordering or according to credit terms already agreed and in place for your account with Guinot. If we cannot supply you with the Goods that you ordered but you have already paid for them we will refund you as soon as possible and in any event within 30 days.

 

1. 2. We accept Visa, Mastercard and Switch/Maestro although we do not accept Amex.

 

1. 3. We will do all that we reasonably can to ensure that all of the information you give us when paying for the Goods is secure by using an encrypted secure payment mechanism. In the absence of negligence on our part, any failure by us to comply with the Contract or our Privacy Policy or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

6. Delivery of Goods

1. 1. Where we have sent to you an Order Confirmation, we will make every effort to deliver the Goods to you:

 

1. 1. two Business Days after you place an Order, if you place an Order before 11am on a Business Day; or
   2. within three Business Days if you place an Order on a Business Day on or after 11am; or
   3. within two Business Days of the next Business Day following the day on which you place an Order, if you place an Order on a day other than a Business Day,

as long as you are located in the mainland United Kingdom (other than the Scottish Highlands, or Northern Ireland where delivery will take longer) or the Republic of Ireland. In the event of any unforeseen delay outside of our control, we will inform you of the delay, the reason for it, and of the revised estimated delivery date in writing or by telephone. This will not affect your right to cancel the Contract.

1. 2. You will receive an email from our delivery partner with a tracking number when the Goods have been dispatched by us.

 

1. 3. If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we may elect to deliver it in instalments. We will not make any additional delivery charges for this. If you ask us to deliver the Order in instalments, we may apply additional delivery charges for each instalment. Each instalment shall be subject to these Terms.

 

1. 4. If a scheduled delivery fails to arrive by the latest estimated date, please advise us by telephone or in writing as soon as reasonably possible and in any event within seven (7) days of the estimated delivery date.

 

1. 5. Delivery of the Goods will be completed when we or our delivery partner acting on our behalf deliver the Goods to the delivery address provided by you when you placed the Order and as stated in the Order Confirmation.

 

1. 6. If nobody is available to take delivery of the Goods, please contact us by telephone (using the above contact details).

 

1. 7. We will not be responsible for any loss you suffer, including in respect of damage to the Goods, as a result of you instructing us to deliver the Goods to an address different to that stated in the Order Confirmation or for complying with your delivery instructions in respect of where to deliver the Goods at the address provided by you.

7. Order Cancellation

1. 1. You may cancel your Order at any time up to 2 Business Days after the day on which you received the Goods, without penalty and without having to give any reason.

 

0. 2. If you decide to cancel:
1. you must notify us of your decision, in writing, within the 2 Business Day period as above using the contact details at the top of these Terms. You may contact our  Customer Service team to that effect on 0044 1344 873 123 or by email to customer.services@guinotmarycohr.com; 
2. you must return the Goods delivered to you, as soon as reasonably possible and in any event within the time set out in clause 7.2.3, to Guinot Mary Cohr Ltd, Unit B2, B3A & 3B Bridgemead Close, Westmead, Swindon, Wiltshire, SN5 7FP. You will have to bear the direct cost of returning the Goods; and
3. the Goods must be returned in substantially the same condition in which they were delivered, with Goods unopened, unused, and in a re-saleable condition with all tamper-resistant seals, packaging and any cellophane intact and must reach us no later than 10 Business Days after the date of our acknowledgement of your cancellation notice.
   3. You will lose the right to cancel if you do not follow the above requirements.

 

1. 4. We will within 10 Business Days of receiving the Goods from you or, (if earlier) 10 Business Days after the day you provide evidence to us that you have returned the Goods, either refund the appropriate amount to you (including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us)), or credit it against any other amount(s) you owe to us, and confirm what we have done in writing to you.

 

1. 5. We will make the refund using the same means of payment as you used for the initial purchase, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund.

 

1. 6. We may withhold the refund until we have received the Goods back or you have supplied evidence of having sent back the Goods, whichever is the earliest.

 

1. 7. We may make a deduction from the reimbursement for loss in value of any Goods, if the loss is the result of your improper handling of the Goods.

8. Title and risk

1. 1. Risk in the Goods will pass to you and the Goods will be your responsibility from completion of delivery to you.

 

1. 2. Title will only pass to you when we receive payment in full of all sums due in respect of the Goods, and any other goods that we have supplied to you.

9. Acceptance of Goods and quality control

1. 1. It is your responsibility to check the Goods on or as soon as reasonably possible after their delivery to you.

 

1. 2. The packaging of the Goods may be different from that shown on the website. We try to ensure that the colours of the Goods as shown on the website are accurate but the actual colours of the Goods as shown on your device may differ depending on the device that you use. Where the outer packaging of the Goods is damaged on delivery, you should refuse to accept delivery from our delivery partner and we will send to you the replacement Goods.

 

1. 3. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from these Terms.
1.  
   4. We shall be entitled to reject any claim for broken or damaged Goods, incorrect quantities or incorrect Goods if you do not notify us as soon as reasonably possible and in any event, within 2 business days of the day of delivery.

 

1. 5. If we are satisfied that the Goods were unsatisfactory at the time of delivery, we will replace them.

 

1. 6. If replacement is not reasonably possible, we will make an appropriate refund or credit to you.

 

1. 7. These Terms will apply to any replacement Goods we supply to you.

10. Our legal responsibility to you

1. 1. Subject to clauses 10.2:

 

1. 1. our total liability to you shall not exceed the contract price of the Goods; and

 

(ii)        we exclude the following types of loss: loss of profits; loss of sales or business; loss of agreements or contracts; loss of anticipated savings; loss of or damage to goodwill; and indirect or consequential loss (together, “Losses”).

1. 2. We do not exclude or limit in any way our legal responsibility 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; for breach of the terms implied by section 12 of the Sale of Goods Act 1979; and defective products under the Consumer Protection Act 1987.

 

 

1. 3. If you use the Goods for any re-sale purpose we will have no legal responsibility to you for any Losses.

 

1. 4. In entering the Contract, you have not relied on any statements or representations made orally or otherwise which are not included in these Terms.

 

1. 5. We will not be responsible to you for any delay or failure to comply with our obligations under this Contract if the delay or failure arises from a Force Majeure Event. If the period or delay or non-performance continues for more than 10 Business Days, we may terminate the Contract immediately on notice to you.

11. Data protection

11.1     Any personal information we obtain from you in connection with the Contract will be held and processed in accordance with our Privacy Policy, which can be viewed here.

12. Complaints

12.1  If you have any complaints in respect of the Goods or the service provided by us in the provision of the Goods, please contact us as soon as possible on 00441344873123.

13. Other important terms

1. 1. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract. If you are unhappy with the transfer you may contact us to end the Contract within one month of us telling you about it and we will refund you any payments you have made in advance for Goods not provided.

 

1. 2. You may only transfer your rights or your obligations under the Contract to another person if we agree to this in writing.

 

1. 3. The Contract is between you and us and does not confer any rights on any person or party (other than the parties to this Contract) pursuant to the Contracts (Rights of Third Parties) Act 1999.

 

1. 4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

 

1. 5. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Goods, we can still require you to make the payment at a later date.

 

1. 6. Where the Customer is two or more persons your obligations under the Contract shall be obligations of each of you jointly and separately.

 

1. 7. In these Terms, a reference to writing or written includes email.

 

1. 8. Subject to clause 13.9, this Contract constitutes the entire agreement between the parties and supersedes and extinguishes any other agreements, undertakings, representation, warranties and arrangements of any nature whatsoever, whether or not in writing, between the parties in relation to the subject matter of this Contract.

 

1. 9. In case of conflict between these terms and the Selective Distribution Agreement made by Guinot and the Customer, the terms of the Selective Distribution Agreement shall prevail.

 

1. 10. Each of the parties acknowledges and agrees that it has not entered into this Contract in reliance on any statement or representation of any person (whether or not party to this Contract or not) other than as expressly incorporated into this Contract.

 

1. 11. No variation or modification of this Contract shall be effective unless it is in writing and signed by both parties.

 

1. 12. These Terms are governed by the laws of England and Wales. The English courts shall have exclusive jurisdiction to settle any claim, dispute or issue (including non-contractual claims) which may arise out of or in connection with these Terms.