Terms and Conditions

Terms of Sale

(1) Introduction

Please read these terms of sale carefully.

You will be asked to expressly agree to these terms of sale before you place an order for products from our

website.

(2) Interpretation

In these terms of sale, “we” means Smooth Gorilla Ltd (and “us” and “our” will be construed accordingly); and

“you” means our customer or potential customer for products (and “your” will be construed accordingly).

(3) Order process

The advertising of products on our website constitutes an “invitation to treat”; and your order for products

constitutes a contractual offer. No contract will come into force between you and us unless and until we accept

your order in accordance with the procedure detailed below.

In order to enter into a contract to purchase products from us, you will need to take the following steps: (i) you

must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you

are a new customer, you must then create an account with us and log in; if you are an existing customer, you

must enter your login details; (iii) once you are logged in, you must select your preferred method of delivery and

confirm your order and your consent to these terms of sale; (iv) you will be transferred to the PayPal website,

and PayPal will handle your payment; (v) we will then send you an initial acknowledgement; and (vi) once we

have checked whether we are able to meet your order, we will either send you an order confirmation (at which

point your order will become a binding contract) or we will confirm by email that we are unable to meet your

order.

We will not file a copy of these terms of sale specifically in relation to your order. We may update the version

of these terms of sale on the website from time to time, and we do not guarantee that the version you have

agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these

terms of sale for your records.

The only language in which we provide these terms of sale is English.

Before you place your order, you will have the opportunity of identifying whether you have made any input

errors by viewing your shopping cart. You may correct those input errors before placing your order by either

removing items or adjusting the quantities in your cart.

(4) The products

Personal care and grooming products, details of which can be found on the Buy It pages.

(5) Price and payment

Prices for products are quoted on our website. The website contains a large number of products and it is always

possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale

procedures so that a product’s correct price will be stated when you pay for the product.

In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you

pay for the product.

Payment must be made upon the submission of your order. We may withhold the products and/or cancel the

contract between us if the price is not received from you in full in cleared funds.

The prices on the website include all value added taxes (where applicable).

Payment for all products must be made by PayPal or Credit/Debit Card.

Prices for products are liable to change at any time, but changes will not affect contracts which have come into

force.

If you dispute any payment made to us you must contact us immediately and provide full details of your claim.

If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within

7 days following the date of the charge-back: (i) an amount equal to the amount of the charge-back; (ii) all

third party expenses incurred by us in relation to the charge-back (include charges made by our or your bank

or payment processor or card issuer); (iii) an administration fee of GBP £25.00 and (iv) all our reasonable

costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without

limitation legal fees and debt collection fees).

Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other charge-back,

then we may terminate any contracts between you and us under these terms of sale by giving you written notice

of termination.

For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card

statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified

charge-back.

(6) Your warranties

You warrant to us that:

(a) you are legally capable of entering into binding contracts, and you have full authority, power and

capacity to agree to these terms of sale;

(b) the information provided in your order is accurate and complete;

(c) you will be able to accept delivery of the products;

(d) you are at least 18 years of age.

(7) Delivery policy

We will arrange for the products to be delivered to the address for delivery indicated in your order.

We will use reasonable endeavours to deliver products on or before the date for delivery set out in our

order confirmation or, if no date is set out in our order confirmation, within 14 days of the date of our order

confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that

unless there are exceptional circumstances all deliveries of products will be dispatched within 3 working days of

the later of receipt of payment and the date of our order confirmation.

(8) Risk and ownership

The products will be at your risk from the time of delivery. Ownership of the products will only pass to you

upon the later of:

(a) delivery of the products; and

(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).

We will be entitled to recover payment for the products even where ownership has not passed to you.

(9) “Cooling off” period

Under the Distance Selling Regulations, you may cancel a distance contract to purchase a product or products

from us at any time within the period commencing when the contract comes into force and ending 7 working

days after the day you received the relevant products or products (subject to the limitations set out below).

In order to cancel a contract in this way, you must give to us written notice of cancellation.

If you cancel a contract on this basis, you must promptly return the products to us, in the same condition in

which you received them.

If you cancel a contract on this basis, you will be refunded in full (including the cost of sending the products to

you). However, you will be responsible for paying the cost of returning the product to us.

If you cancel a contract on this basis and you do not return the products to us, we may recover the products and

charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass

that expense on to you.

(10) Statutory rights

Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of

any defective product we sell to you).

(11) Refunds

If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using

the same method originally used by you to pay for your purchase. We will process the refund due to you as soon

as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.

(12) Limitations and exclusions of liability

Nothing in the terms of sale will:

from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that

party; (c) limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979

or Part I of the Consumer Protection Act 1987; (d) limit any liability of a party in any way that is not permitted

under applicable law; or (e) exclude any liability of a party that may not be excluded under applicable law. Any

statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the

terms of sale.

The limitations and exclusions of liability set out in this Section [and elsewhere in the terms of sale]: (a) are

subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of sale or in relation to

the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and

for breach of statutory duty.

We will not be liable to you in respect of any losses arising out of any event or series of events beyond our

reasonable control.

We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income,

revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

(13) General terms

We will treat all your personal information that we collect in connection with your order in accordance with the

terms of our privacy policy; use of our website will be subject to our website terms of use.

Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and

us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any

contracts which we have entered into with you.

If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction,

the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or

portion thereof will be deemed omitted.

No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more

instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other

provision of these terms of sale.

You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under

these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or

otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such

action does not serve to reduce the guarantees benefiting you under these terms of sale.

Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit,

or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment,

variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party

to the relevant contract.

Subject to the first paragraph of Section [12]: these terms of sale contain the entire agreement and understanding

of the parties in relation to the purchase of products from our website, and supersede all previous agreements

and understandings between the parties in relation to the purchase of products from our website; and each party

acknowledges that no representations not expressly contained in these terms of sale have been made by or on

behalf of the other party in relation to the purchase of products from our website.

These terms of sale will be governed by and construed in accordance with English law, and the courts of

England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to

these terms of sale.

(14) About us

Our full name is Smooth Gorilla Ltd.

Our registered office and principle trading address is Moordene, South Milton, Kingsbridge, Devon, TQ7 3JW,

UK

Our company registration number is 08550945

Our email address is info@smooth-gorilla.com

Terms of Use

(1) Introduction

These terms of use govern your use of our website; by using our website, you accept these

terms of use in full. If you disagree with these terms of use or any part of these terms of use,

you must not use our website.

If you register with our website we will ask you to expressly agree to these terms of use.

You must be at least 18 years of age to use our website. By using our website and by

agreeing to these terms of use, you warrant and represent that you are at least 18 years of

age.

Our website uses cookies. By using our website and agreeing to these terms of use, you

consent to our use of cookies in accordance with the terms of our privacy policy / cookies

policy.

(2) Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website

and material on the website. Subject to the licence below, all these intellectual property rights

are reserved.

You may view, download for caching purposes only, and print pages from the website for your

own personal use, subject to the restrictions set out below and elsewhere in these terms of

use.

You must not:

(a) republish material from this website (including republication on another website);

(b) sell, rent or sub-license material from the website;

(c) show any material from the website in public;

(d) reproduce, duplicate, copy or otherwise exploit material on our website for a

commercial purpose;

(e) edit or otherwise modify any material on the website; or

(f) redistribute material from this website except for content specifically and expressly

made available for redistribution (such as our newsletter).

(3) Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or

impairment of the availability or accessibility of the website; or in any way which is unlawful,

illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful

purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute

any material which consists of (or is linked to) any spyware, computer virus, Trojan horse,

worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without

limitation scraping, data mining, data extraction and data harvesting) on or in relation to our

website without our express written consent.

(4) Products

The advertising of products on our website constitutes an “invitation to treat” – not a

contractual offer.

Prices stated on our website may be stated incorrectly.

The purchase of products via our website will be subject to our terms of sale.

We will ask you to agree to our terms of sale each time you purchase a product or products via

our website.

(5) Product reviews

In these terms of use, “your reviews” means material (including without limitation text,

images, audio material, video material and audio-visual material) that you submit to us for

publication on our website whether as a product review or otherwise.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce,

adapt, publish, translate and distribute your reviews in any existing or future media. You

also grant to us the right to sub-license these rights, and the right to bring an action for

infringement of these rights.

You warrant and represent that your reviews will comply with these terms of use.

Your reviews must not be illegal or unlawful, must not infringe any third party’s legal rights,

and must not be capable of giving rise to legal action whether against you or us or a third

party (in each case under any applicable law and in any jurisdiction).

Your reviews (and their publication on our website) must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right

in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy, or right under data protection

legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted

upon and could, if acted upon, cause illness, injury or death, or any other loss or

damage;

(p) constitute spam;

(q) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful,

discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

Your reviews must be appropriate, civil, tasteful and accord with generally accepted standards

of etiquette and behaviour on the internet.

You must not use any review to link to any website or web page consisting of or containing

material that would, were it posted on our website, breach the provisions of these terms of

use.

You must not submit any reviews to the website that are or have ever been the subject of any

threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any reviews submitted to our website, or stored on our

servers, or hosted or published upon our website.

Notwithstanding our rights under these terms of use in relation to your reviews, we do not

undertake to monitor the submission of reviews to, or the publication of reviews on, our

website.

(6) Limited warranties

Whilst we endeavour to ensure that the information on this website is correct, we do not

warrant its completeness or accuracy; nor do we commit to ensuring that the website remains

available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties

and conditions relating to this website and the use of this website (including, without

limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the

use of reasonable care and skill).

(7) Limitations and exclusions of liability

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or

personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud

or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not

permitted under applicable law; or (d) exclude any of our or your liabilities that may not be

excluded under applicable law. If you are a consumer, any statutory rights that you have, that

cannot be excluded or limited, will not be affected by these terms of use.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms

of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under

the terms of use or in relation to the subject matter of the terms of use, including liabilities

arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided

free-of-charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond

our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation)

loss of or damage to profits, income, revenue, use, production, anticipated savings, business,

contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or

software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

(8) Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages,

costs, liabilities and expenses (including without limitation legal expenses and any amounts

paid by us to a third party in settlement of a claim or dispute on the advice of our legal

advisers) incurred or suffered by us arising out of any breach by you of any provision of these

terms of use, or arising out of any claim that you have breached any provision of these terms

of use.

(9) Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of

use in any way, or if we reasonably suspect that you have breached these terms of use in any

way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to the website;

(c) permanently prohibit you from accessing the website;

(d) block computers using your IP address from accessing the website;

(e) contact your internet services provider and request that they block your access to the

website;

(f) bring court proceedings against you for breach of contract or otherwise; and/or

(g) suspend and/or delete your account with the website.

(10) Variation

We may revise these terms of use from time-to-time. Revised terms of use will apply to the

use of our website from the date of the publication of the revised terms of use on our website.

Please check this page regularly to ensure you are familiar with the current version.

(11) Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these

terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under

these terms of use.

(12) Severability

If a provision of these terms of use is determined by any court or other competent authority to

be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful

and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that

part will be deemed to be deleted, and the rest of the provision will continue in effect.

(13) Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third

party or be enforceable by any third party. The exercise of our and your rights in relation to

these terms of use is not subject to the consent of any third party.

(14) Entire agreement

These terms of use , together with our privacy policy, constitute the entire agreement between

you and us in relation to your use of our website, and supersede all previous agreements in

respect of your use of this website.

(15) Law and jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any

disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the

courts of England and Wales.

(16) Our details

The full name of our company is Smooth Gorilla Ltd.

We are registered in England & Wales under registration number 08550945.

Our registered address is Moordene, South Milton, Kingsbridge, Devon TQ7 3JW, UK.

You can contact us by email to infor@smooth-gorilla.com.

© Smooth Gorilla 2013