Terms & Conditions
Please ensure you read and agree to all of these terms and conditions and contact us should you have any questions.
Address: Giggle Goose, Thistledown, Park Way, Midsomer Norton BA3 2HE Email:
info@gigglegoose.co.uk
Orders
Please contact me for any assistance before ordering, I love what I make and will be happy to help you choose. On ordering you agree for us to confirm the contract by email, it is then your responsibility to check item, size, colour, etc. and immediately inform us of any errors. When ordering children’s items you will be responsible for your child’s health and welfare with the purchased item. There will be buttons, ties and straps etc. on some styles which you must deem to be suitable and safe for the wearers age and ability. This agreement also applies to any free of charge items that I gift. I have shown length measurements, again ensure these are a safe length for your child. Please remove any such items that are not suitable from your order before proceeding to checkout. Sizes are as measured on garment with age sizes being approximated but please allow extra for ease and possibility of shrinkage even on clothing that states pre shrunk by manufacturer or laundered prior to making. We will not be responsible for inaccurate orders. Orders may be rejected for any reason.
Our liability to you as a consumer
As a consumer, you have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these terms and conditions will affect these legal rights. If you are a consumer, the following warranty is in addition to your legal rights.
We warrant that on delivery the goods you have ordered shall:
a. conform in all material respects with the agreed specification; and
b. be free from material defects in design, material and workmanship.
You acknowledge that for the purposes of this section, natural imperfections in materials and minor variations in the colour shall not be non-conformities as we are using natural fabrics. Similarly, you agree that you shall treat all images and samples provided to you by us as approximate guides only.
You should notify us within 24 hours of delivery of any defects you find and provide photographs of the defect if requested before returning the product.
While we make every effort to ensure the garments are sturdy and fit for purpose you acknowledge that our garments contain buttons and they may come loose in certain circumstances and with prolonged use. These may pose a risk if swallowed, particularly by a small child. Under no circumstances should buttons be chewed, swallowed or put in anybody’s mouth, care should be taken to ensure buttons are not removed by children. Any loose button should be removed and reattached securely to ensure they are safe. If you require our assistance please do not hesitate to ask.
We shall not be liable for the goods' failure to comply with the warranty set out above in any of the following circumstances:
a. you make any further use of such goods after giving notice of a defect;
b. the defect arises because you failed to follow our use and/or aftercare instructions
c. you have altered or repaired such goods without our written consent;
d. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage.
Nothing in these terms shall limit or exclude our liability for:
a. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
b. fraud or fraudulent misrepresentation;
c. breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
d. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
Subject to this:
a. we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with these terms and conditions; and
b. as we are supplying the goods to you for domestic and private use, you agree not to use the goods for any commercial, business, or re-sale purposes and we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Force majeure
We shall not be liable for any failure or delay in performing our obligations under these terms and conditions to the extent that such failure or delay is caused by any event beyond our reasonable control, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
Waiver
A waiver of any right or remedy under these terms and conditions is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under these terms and conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
Severance
If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions shall not be affected.
Governing law and jurisdiction
These terms and conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
