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TERMS & CONDITIONS

GENERAL TERMS AND CONDITIONS AND DISCLAIMER RELATING TO USE OF THE GRAY & SON ROBEMAKERS OF DURHAM WEBSITE

Thank you for visiting Grayofdurham.com ("Gray & Son Robemakers") website (the "Website"). Please note that everything on this Website is subject to these General Terms and Conditions and you should read these before going any further. You are treated as accepting them by using the Website in any way including browsing. References in these General Terms and Conditions, and in the Terms and Conditions of Hire and Terms and Conditions of Sale to "we" or "us" mean Gray & Son Robemakers.

All contracts for hire are governed by the Terms and Conditions of Hire as well as these General Terms and Conditions and all contracts for purchase of goods are governed by the Terms and Conditions of Sale as well as these General Terms and Conditions. In the event of any conflict between such terms and these General Terms and Conditions, the Terms and Conditions of Hire and the Terms and Conditions of Sale (as appropriate) shall apply.

The Website was last updated in January 2012.

Intellectual Property Rights

All copyright, database rights, trade marks and other intellectual property rights in any and all aspects of the Website including but not limited to design, text, graphics, photographs, other images and sound and their selection and arrangement, all software (including but not limited to compilations, underlying source code, and applets) and all other material on the Website are owned by Gray and Son Robemakers and its affiliates, or have been licensed to Gray and Son Robemakers or its affiliates by their content and technology providers or other rights holders so Gray and Son Robemakers or its affiliates can use such material as part of their Website.

You are only allowed to use the Website and the material contained in the Website as set out below. If you wish to do anything else with any of the material you must obtain the written permission of Gray and Son Robemakers or the owner of the rights in that material.

What You Are Allowed To Do

  1. You may access any part of the Web Site.
  2. You may electronically copy and print in hard copy any individual page for your own personal use, for the purposes of placing an order with Gray and Son Robemakers or using this Gray and Son Robemakers as a shopping resource, as long as you do not do any of the things set out under "What You Are Not Allowed to Do".

What You Are Not Allowed To Do

  1. You are not allowed to copy (whether by printing off onto paper, storing on disk or in any other way), distribute (including distributing copies), reproduce, alter, modify, tamper with in any way or otherwise use any material contained in the Website except as set out under "What You Are Allowed to Do" or with the express prior written permission of Gray and Son Robemakers.
  2. You are not allowed to copy or use any material appearing on the Web Site for any commercial purpose at all.
  3. You are not allowed to copy or otherwise use any copyright, trade mark or other intellectual property notices (whether belonging to Gray and Son Robemakers or its affiliates or licensed to Gray and Son Robemakers or its affiliates by their third party rights owners for use on the Website) except as specifically permitted in these General Terms and Conditions without the written permission of the owner of that trade mark or to remove any such copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from the Website.

Governing Law and Contract Formation

You may submit orders to Gray and Son Robemakers via the Website for the hire by it to you of any product but no contract will subsist between you and Gray and Son Robemakers for the hire by it to you of any product unless and until Gray and Son Robemakers confirms, by email, the particulars of your order and gives you a reference number. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you when you are able to access it. Acceptance by Gray and Son Robemakers does not preclude its right to cancel an order in the event that it finds it is unable to fulfill the contract and is subject to your cooling off period and cancellation terms explained in the Terms and Conditions of Hire and the Terms and Conditions of Sale.

In respect of any orders that are placed by telephone, by correspondence or in person, the standard Gray and Son Robemakers terms applicable to such orders in force from time to time shall apply to those orders (and only to those orders) instead of these General Terms and Conditions, the Terms and Conditions of Hire and the Terms and Conditions of Sale.

Information displayed on the Website relating to pricing and availability is subject to change by Gray and Son Robemakers without notice. The pricing which will apply to your order will be that displayed on the Website on the day you make the order.

For the avoidance of doubt, any contract for the hire of any product from the Website will be deemed to have been concluded in the United Kingdom. Further, any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of England, and you and Gray and Son Robemakers irrevocably submit to the exclusive jurisdiction of the English Courts.

Disclaimer as to information on Website

The information in this Website is provided free of charge and on an "as is" basis. Except for any liability in respect of fraudulent misrepresentation, Gray and Son Robemakers is not liable for any action you may take as a result of relying on any information provided in this Website or for any loss or damage suffered by you as a result of you taking this action.

Gray and Son Robemakers uses reasonable efforts to make sure that all material and information contained on the Website is correct but, subject to the above statement about fraudulent misrepresentation:

  1. Gray and Son Robemakers does not accept any liability for any error or omission in the material or information;
  2. All material and information contained on the Website is only provided for the purpose of providing information about Gray and Son Robemakers and the products and services it supplies;
  3. Gray and Son Robemakers do not make any representation, term or warranty of any kind in respect of the material or information.

The Website includes links to external websites. These links are provided in order to help you find out further information and to gain access to third party services and products quickly and easily. Gray and Son Robemakers are neither responsible nor liable for the content of these websites.

Changes to terms and conditions

Gray and Son Robemakers reserve the right to make any changes to these General Terms and Conditions, Terms and Conditions of Hire or the Terms and Conditions of Sale. By browsing the Website you are accepting that you are bound by the then current General Terms and Conditions and if you choose to buy or hire products, by the Terms and Conditions of Hire and the Terms and Conditions of Sale as applicable so you should check these each time you revisit the Website.

Variations to these General Terms and Conditions, the Terms and Conditions of Hire or the Terms and Conditions of Sale, whether in relation to any Hire Contract, Sale Contract or otherwise, shall only be effective if posted on this Website in accordance with the above paragraph or where specifically accepted and agreed by us in writing.

Our company details & address:

Gray & Son Robemakers of Durham Limited
4 Neville Street
Durham DH1 4EY

For all customer enquiries please email grayandson@btconnect.com


TERMS AND CONDITIONS OF HIRE

These Terms and Conditions of Hire govern all products you enter into a contract to hire on this Website ("Hire Products" and a "Hire Contract" respectively). These terms are specific to Hire Products but Hire Contracts are also governed by the General Terms and Conditions above which you should also read. Variations to these Terms and Conditions of Hire shall only be effective if posted on this Web Site or where specifically accepted and agreed by us in writing.

Supplier of Hire Products

The Hire Products will be supplied by Gray and Son Robemakers of Durham which is located at the address set out in the General Terms and Conditions above.

Description of Hire Products

Every care has been taken to describe and portray Hire Products on this Website accurately using current technology, but variations in actual goods may occur.

Price

The prices of Hire Products are stated on the Website and include VAT. The prices on the Website are subject to change without notice but those on the Website at the time of any order placed will be the prices applicable to that order.

Hire Contracts

Hire Contracts are formed in accordance with the timing and procedure set out in the General Terms and Conditions above. Please book early to be sure of your order as Hire Products are subject to availability and we only have a limited number available for any one ceremony (a "Ceremony"). Hire Contacts are performed at the Ceremony specified when ordering. The approximate availability of Hire Products for each Ceremony is stated on the Website and as all Hire Products are subject to availability at all times you should check the Website and book early to avoid disappointment

Changes to Hire Contracts

You may change the detail (such as the Ceremony or the Hire Products – subject to availability) of any Hire Contract in accordance with the procedures available on the Website up to the day falling five days before the Ceremony. Any such change will only be deemed to be effective once we confirm it by e-mail (on the email address you supply when ordering on the Website). All Hire Products are subject to availability at all times. Except in respect of cancellations of Hire Contracts pursuant to cooling off rights (see below) or Hire Contracts cancelled by us, we may charge an admin fee in respect of any changes to any Hire Contract made by you. The admin fee will be the fee for changes specified on the Website at the time you send us the cancellation.

Input of Incorrect Information

We cannot accept any liability for any failure to comply with specific instructions stated on the Website or for any incorrect information you provide.

Your Cooling off period

After entering into a Hire Contract we will send you an email (on the email address you supply when ordering on the Website) confirming details of the Hire Product and Hire Contract. You will then have a "cooling off" period during which you have a right to cancel the Hire Contract without charge. You may exercise that right by using the cancel function provided on the Website, by notifying us by email at grayandson@btconnect.com or by writing to us at the address or the fax number shown in the General Terms and Conditions above. We will refund any payments made by you if you exercise that right to cancel. The cooling off period and related right to cancel will end on the earlier of:

(a) When you collect the Hire Product(s) covered by the Hire Contract; or

(b) The expiry of seven working days beginning with the day after the day that the Hire Contract first subsists (in accordance with the General Terms and Conditions above).

General cancellation right

In addition to your right to cancel during the cooling off period as explained above, if you are unable to attend the relevant Ceremony, by the arrangement with the university we give full refund if graduate cannot attend. All refunds are made after ceremony date.

Statutory rights

The rights of cancellation and refund and any limitations on those rights expressed in these terms and conditions do not affect your statutory rights. Information about these rights is available online or from your Local Authority trading standards department or the Citizens Advice Bureau.

Refunds for Products hired on this Website can only be credited to the credit or debit card originally used to make the purchase. If for any reason we are unable to put the refund through, we will contact you on the email address you provided in the Hire Contract to discuss alternative arrangements.

Our cooling off period

We will make every effort to fulfill Hire Contracts; however, you acknowledge that all Hire Products are supplied subject to availability. If for any reason we are unable to fulfill your Hire Contract, we will inform you at least 48 hours before the relevant Ceremony and you will receive a full refund in respect of your Hire Contract.

Special requests

If you have any special requirements, e.g. an extra small Hire Outfit, please notify us of these requirements when placing your order and we will do our best to meet your needs (but you acknowledge we may not be able to do so and it is not a term of the Hire Contract that we will).

Collection Day

Your Hire Product(s) will be ready for collection on the date of the Ceremony from the Grays and Sons Robemakers collection area set aside by your institution.

Extra Time

Extra time can be made by arrangement by contacting us at grayandson@btconnect.com.

Return of Hire Product

Hire Products that are not subject to agreed extra time as contemplated above must (unless otherwise stated on the website) be returned on the date of the Ceremony in good time and in good condition to the Gray and Son Robemakers collection area set aside by your institution. Customers who are making use of the extra time option as explained above must return the Hire Product to Gray and Son Robemakers at the address listed in the General Terms and Conditions.

Liability

During the Hire Period, you are responsible for the safekeeping of the Hire Product and will be liable for the full retail price in the event of any damage or loss whatsoever occurring to it or in the event that the Hire Product is not returned within [one week] of the date on which it is supposed to be returned under the Hire Contract in which case, Gray and Son Robemakers may debit your credit or debit card (where payment has been made by such method) for the sum due and will inform you [by email] that it has done so. Gray and Son Robemakers total liability for any claim in relation to any Hire Contract howsoever arising shall not exceed the price payable under that Hire Contract. Gray and Son Robemakers shall not be liable for any loss of profits, wasted time or any indirect, special or consequential losses whether any such losses or wastage arise from a breach of contract, negligence or in any other way and irrespective of whether Gray and Son Robemakers was or ought reasonably to have been aware of the possibility of such things.

For the avoidance of doubt, Gray and Son Robemakers liability for: (a) death or personal injury resulting from its negligence or that of its servants or agents; (b) breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by it under any agreement for hire or sale; (c) under Part I of the Consumer Protection Act 1987; (d) fraudulent misrepresentation or (e) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited; is not excluded or limited by these terms and conditions, even if any other term of this agreement would otherwise suggest that this might be the case.

Payment

Payment for Hire Products will be made via the Website in accordance with the procedure explained in the Website.

Delay and failure to perform

Gray and Son Robemakers shall not be liable for any breach of any Hire Contract which arises by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the service of hiring the Hire Outfit, if the delay or failure was due to any cause beyond its reasonable control.

Disputes

The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest.

Representations

Our employees or agents are not authorised to make any representations concerning Hire Products unless such representations are confirmed by Gray and Son Robemakers in writing. Subject to the above statement about fraudulent misrepresentation, in entering into the Hire Contract, you acknowledge that you do not rely on any such representations which are not so confirmed.


TERMS AND CONDITIONS OF SALE

These Terms and Conditions of Sale govern all products you enter into a contract to purchase on this Website ("Products" and a "Contract" respectively). These terms are specific to Products but Contracts are also governed by the General Terms and Conditions which you should also read. Variations to these Terms and Conditions of Sale shall only be effective if posted on this Website or where specifically accepted and agreed by us in writing.

Supplier of Products

The Products you purchase will be supplied by Gray and Son Robemakers which is located at the address set out in the General Terms and Conditions

Description of Products

Every care has been taken to describe and portray Products on this Website accurately using current technology, but variations in actual goods may occur.

Price

The prices of Products are stated on the Website and unless stated otherwise are quoted inclusive of VAT applicable to supply in the UK. Where VAT does not apply, a price adjustment will be made and a copy of your ex VAT invoice will be dispatched with your goods. The prices are subject to change without notice.

Contracts

Contracts are formed in accordance with the timing and procedure set out in the General Terms and Conditions.

Input of Incorrect Information

We cannot accept any liability for any failure to comply with specific instructions stated on this Web Site or for any incorrect information provided by the customer.

Stock and Delivery Dates

We cannot guarantee permanent or continuous availability of all Products. Approximate dispatch times for all Products will be stated on the "shopping basket" and “final details” screens on the Website. Depending upon the method of dispatch chosen and the delivery address, delivery of products will normally be between 1 and 7 days of dispatch. We will only dispatch when all items of the order have become available in stock and as such the delivery time for the Products will approximately be 1-7 days after the longest dispatch time specified on those screens. Non-stock items will be ordered in and will therefore carry longer delivery times to stock items. They will be dispatched as soon as they are available.

Delivery address and overseas deliveries

We will deliver Products to the address you supply. It would be helpful if you would provide an address where someone will be in (work address, neighbour, friend etc.). We are not responsible for any delay in delivery caused by the unavailability of someone to take personal delivery of the Products. It is your responsibility to contact the post office or relevant courier company as applicable to arrange the collection or delivery of Products that could not be delivered because you were unavailable.

Delivery charges

Delivery charges vary by location and type and combination of Products ordered. Delivery charges will be notified when you place an order.

Overseas orders

We can accept orders from most overseas addresses. Please note for all orders delivered outside the EU, Products are DDU (delivered duty unpaid). Any local charges incurred must be met by the recipient of the Products. Orders placed are not subject to VAT Retail Export Scheme.

Cooling off period

After entering into a Contract you will have a "cooling off" period during which you have a right to cancel the Contract without charge. You may exercise that right by notifying us by email at grayandson@btconnect.com or by writing to us at the address or the fax number shown in the General Terms and Conditions above. Following such notice you must return the Products covered by the cancelled Contract undamaged to us at the address set out in the General Terms and Conditions. You are responsible for the costs of returning the Products and we reserve the right to make a charge not exceeding our direct costs of recovering the Products in the event that you do not return the Products or return them at our expense. Following you exercising your right of cancellation we will refund any payments made by you excepting and subject to any costs of returning the Products. The cooling off period and related right to cancel will end seven working days beginning with the day after the day on which you receive the Products.

General guarantee and returns policy

Products

Without prejudice to your cooling off rights set out above, if you are not satisfied with any Product, please return it to us along with details of your Contract (date, product, your name) and we will, at our choice and subject to the Product being unused and in a resalable condition, either exchange it or provide you with a refund. You should return any such Products to Gray & Son Robemakers of Durham Limited, 4 Neville Street, Durham, DH1 4EY. You are responsible for the costs of returning the Products. If you are resident overseas please note that you are responsible for liaising with local authorities to ensure that Products are returned under the appropriate duty relief so as to ensure that any exchanged items dispatched by us as a result of your return do not attract further duty charges (as applicable). We will process returns as soon as they arrive, except during extremely busy periods when there may be a short delay.

When returning Products on which you have received any promotional or other discount the refund will only cover the price you paid.

Our cooling off period

We will make every effort to fulfill Contracts, however, you acknowledge that if for any reason we are unable to fulfill your Contract, we may inform you within 72 hours of sending our initial confirmatory email and you will receive a full refund in respect of the Contract.

Transit

When sending a return (whether under your cooling off rights or otherwise), you must take reasonable care to see the Product reaches us undamaged and we therefore strongly recommend that you send it by registered post (or international equivalent).

Statutory rights

The rights of cancellation and refund and any limitations on those rights expressed in these terms and conditions do not affect your statutory rights.

Amendments to Contracts

We will consider requests to amend Contracts, in terms of changing Products or other details, but subject to anything to the contrary set out in these terms and conditions and subject to your cooling off rights, we are not obliged to accept any and we reserve.

Liability

Gray and Son Robemakers total liability for any claim howsoever arising shall not exceed the price of the Products supplied by Gray and Son Robemakers to you. Gray and Son Robemakers shall not be liable for any loss of profits, wasted time or any indirect, special or consequential losses whether any such losses or wastage arise from a breach of contract, negligence or in any other way and irrespective of whether Gray and Son Robemakers was or ought reasonable to have been, aware of the possibility of such losses.

For the avoidance of doubt, Gray and Son Robemakers liability for: (a) death or personal injury resulting from its negligence or that of its servants or agents; (b) breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by it under any agreement for hire or sale; (c) under Part I of the Consumer Protection Act 1987; (d) fraudulent misrepresentation or (e) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited; is not excluded or limited by this agreement, even if any other term of this agreement would otherwise suggest that this might be the case.

Delay and failure to perform

Gray and Son Robemakers shall not be liable for any breach of any Contract which arises by reason of any delay in performing, or any failure to perform, any of its obligations in relation to any Product, if the delay or failure was due to any cause beyond its reasonable control.

Representations

Our employees or agents are not authorised to make any representations concerning the Products unless such statements are confirmed by Gray and Son Robemakers in writing. Subject to the above statement about fraudulent misrepresentation, in entering into a Contract you acknowledge that you do not rely on any such representations which are not so confirmed.