1.1 In these terms and conditions, unless the context otherwise requires, the following terms have the following meanings:
1.1.1 “Products” means wood and gas ovens and accessories supplied for sale by us to you;
1.1.2 "us” or “we” means Gozney Group Limited, a company registered in England with company number 07200046 and having its registered office at Units 18 and 19, Christchurch Business Park, Radar Way, Christchurch, Dorset, BH23 4FL and 2700 W Rasmussen Road Park City, UT 84098 United States of America;
“Website” means the website through which we sell the Products or the Services: gozney.com
1.1.4 “you” means the customer purchasing Products, and “your” shall be interpreted accordingly.
2. APPLICATION OF THESE TERMS
2.1 These terms and conditions (the “Conditions“) apply to the sale Products and (where available) Services by us, whether through our Websites or by other means.
2.2 These Conditions together with an order or order confirmation accepted in accordance with clause 3 below (the “Contract“) constitutes the entire agreement between the parties relating to the purchase of Products and/or Services. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on our behalf which is not set out in the Contract.
3. PLACING AN ORDER
3.1 We only supply Products for purchase by adults and we do not sell to children. If you are under 18, you may use our Website only with the involvement of a parent or guardian.
3.2 For Products purchased on our Websites, the following provisions apply:
3.2.1 The places we deliver to vary depending on the Product and will be displayed on the appropriate webpage.
3.2.2 The Products and the prices on the Websites are an invitation to place an Order only and do not constitute an offer by us to you to purchase the Products.
3.2.3 When you click the “Place Order” button on one of our Websites, the placing of such order will constitute an offer by you to purchase the Products subject to these Conditions. You should review the order and correct any incorrect details before pressing the “Confirm Order” button.
3.2.4 We may reject your order for any reasonable reason, for example, but not limited to, incorrect or incomplete information, a declined credit or debit card, or lack of availability. If we are unable to accept your order, we will notify you by email.
3.2.5 An online order shall only be accepted by us when you receive a confirmation email from us which, subject to the provisions of Condition 3.2.6, shall create a Contract. The date of the Contract shall be the date on which we issue the confirmation email.
3.2.6 Acceptance of your order is not a guarantee by us of the availability of the Products and all acceptances are conditional on availability of the Products. If the Products which you have ordered are not available, we shall inform you of this as soon as possible.
3.2.7 If you receive a confirmation email for an order which you did not place, or if the details in the confirmation email do not match the order which you placed or intended to place, you must contact our customer services department by sending an email to firstname.lastname@example.org or by calling us on +1 (847) 440-2126 to cancel the order or correct the details.
3.3 Where you order in person, over the phone, by email, fax or post, the following Conditions apply:
3.3.1 Unless you have requested a quotation, your order constitutes an offer to purchase the Products and/or Services in accordance with these Conditions. You are responsible for ensuring that the terms of your order and any applicable specification submitted by you are complete and accurate. Your order shall only be deemed to be accepted when we issue a written acceptance of the order, at which point the Contract shall come into existence.
3.3.2 If you have asked for a quotation for your order, the Contract will come into existence when you accept our quotation. Quotations are subject to availability at the time the quotation is accepted, and quotations shall only be valid for 1 month from the date of issue.
4. APPEARANCE OF PRODUCTS
4.1 The images of the Products on the website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
4.2. Any samples, drawings, descriptive matter, or advertising produced by us and any descriptions or illustrations contained in our catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the Contract or have any contractual force.
5. PRICE AND PAYMENT
5.1 The following terms are applicable to purchases of Products on our Website and all sales to consumers:
5.1.1 Unless otherwise stated, prices are inclusive of sales tax or the equivalent local sales tax in the country of purchase, but they do not include delivery charges which will be added to the total amount at the point of order completion.
5.1.2 If you are located outside of the US, Canada, UK, Australia and EU the prices are exclusive of any applicable sales tax and import duties applicable in your country as well as delivery charges which will be added to the price.
5.1.3 We will require payment at the time of placing the order.
5.2 If you purchased the Product(s) from a Dealer or Retailer, these Terms and Conditions will be superseded by the terms they supply you.
5.3 The following terms apply to all sales.
5.3.1 If you fail to make any payment due to us under the Contract by the due date for payment, then we reserve the right to charge interest on the overdue amount at the rate of 4% per annum above Bank of America’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment.
5.3.2 You shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). We may at any time, without limiting any other rights or remedies we may have, set off any amount owing to us by you against any amount payable by us to you.
5.3.3 If the rate of sales tax changes between the date of the order and the date of delivery, we will adjust the rate of sales tax that you pay, unless you have already paid for the Products in full before the change in the rate of sales tax takes effect.
5.3.4 Whilst we make every effort to ensure prices and information accessible via the Websites and are brochures or price lists are accurate, complete and up to date, we cannot guarantee this. We do reserve the right to correct any mistakes without liability to you. We will email you if the Contract is affected by a mistake and you will have the right to cancel the Contract. If you cancel you will receive a full refund of the price paid by you.
5.4 Affirm: In cooperation with Affirm, Inc., NMLS ID 1883087. Affirm Loan Services, LLC, NMLS ID 1479506, we offer you the following payment options:
5.4.1 Payment is to be made to Affirm via Monthly Payments.
5.4.2 Further information and Affirm’s user terms you can find here. General information on Affirm you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Affirm’s Privacy Statement. This in only available in the USA.
6. RISK AND OWNERSHIP
6.1 Ownership of the Products will pass to you on the date on which you pay for the Products.
6.2 Risk of damage to or loss of the Products shall pass to you at the following times:
6.2.1 If you purchase Products on our Website, risk will pass upon delivery to your address.
6.2.2 If you are a commercial customer and we have agreed an Incoterm with us for delivery under Incoterms 2010, then, unless otherwise agreed on the order confirmation, risk will pass at the time specified by the agreed Incoterm.
6.2.3 In all other cases, risk will pass when the Products leave our warehouse.
7. CANCELLATION AND RETURNS
7.1 You may cancel the contract by contacting our customer services department by email to email@example.com or by telephone on 1 (847) 440-2126.
7.2 We are able to accept returns only directly purchased through Gozney via phone, website or through our Dealers. Proof of purchase from the Dealer will be required and a refund must be obtained directly from the Dealer.
7.3 Under our goodwill guarantee returns policy for consumers, we will extend the returns period for Products to 30 days from the date of receipt of the Products provided the Products are in their original, unused condition and returned in their original packaging and that the Products have not been specifically tailored to your specifications, or personalised, or the Products by their very nature cannot be returned or are liable to deteriorate.
7.4 We will also refund to you the cost of returning Products to us.
8.1 Delivery of the Products shall be made to the address that you provide in the order, or such other address that we may agree with you in writing.
8.1.1 Changes to the address must happen within 24 hours of placing your Order. Whilst every effort will be made to accommodate the address change request, we cannot guarantee that we will be able to make this change before the Product(s) ship. As a result, address change fees may apply.
8.1.2 We are unable to ship to military or navy addresses.
8.1.3 We only ship to the Contiguous United States.
8.2 If you fail to take delivery of the Products:
8.2.1 delivery will be deemed to have taken place on the date for delivery;
8.2.3 risk in the Products will pass to you; or
8.2.4 we may (without prejudice to any of our other rights) dispose of the Products.
8.3 Failure to provide us with the correct delivery address may result in a re-direction charge of full price.
8.4 The time it takes for us to ship the Products depends on stock levels and will be specified to you at the time you place your order, or failing that, by email following our receipt of your order.
8.5 The time it takes to deliver the Products once they have been shipped depends on the delivery service we use, which depends on the type of Product and your location. Delivery timings will be shown on product page at time of purchase.
Please note that this may differ due to high demand - view the product page for most up to date information.
8.6 Since we use a third party delivery service, late delivery of Products is out of our control and will not be eligible for a refund on the ground of late delivery after they have left our warehouse.
9. PREPARING TO ACCEPT PALLET DELIVERIES
9.1 Once the Product(s) have been loaded onto the truck, we do not control the delivery of the Products. Product dispatch is via standard national courier services. We cannot guarantee delivery times as they are provided by third parties outside of our control.
9.2 We ask all of our consumer customers NOT to book any installer or other related trade persons until the Products have arrived safely with you and have been checked as correct and in good condition. We also ask you to NOT book any social event (involving the Product(s)) until the Product(s) have arrived safely with you.
9.3 Palletways Delivery is a KERBSIDE delivery, meaning the driver will remove the pallet off the vehicle with a tail lift and move the pallet by pallet truck only on hard standing, level ground. It is NOT the driver’s responsibility to move or assemble your oven beyond the kerb as they are not insured to do so.
9.4 If, for any reason, the delivery cannot be completed due to unsuitable delivery conditions or otherwise, the goods will be returned to depot and a re-delivery charge may apply at full price.
9.5 To track/follow up your delivery, refer to your tracking email sent on the morning of delivery for or contact us for delivery details including consignment numbers and courier contact details.
9.6 If there is any present or visible damage to the Products, contact us on +1 (847) 440-2126 within the same day, to report damages and ensure fast replacement of your Product(s).
10.1 For more information on our warranty, please see the warranty information page here.
10.2 If you have purchased our Product(s) through an authorized Gozney dealer, we will require proof of purchase to process a Warranty Claim.
11. LIMIT ON LIABILITY
11.1 If you are a consumer:
11.1.1 We will be responsible for any losses you suffer as a result of us breaching these Conditions if the losses were reasonably foreseeable to both you and us at the time the Contract for the relevant Products is made.
11.1.2 Save as stated in Conditions 13.3 and 13.4
184.108.40.206 We will not be liable for any indirect or consequential loss that is not reasonably foreseeable to both you and us when the Contract was made.
220.127.116.11 Our liability to you and your liability to us for breach of these Conditions will not exceed an amount equal to five times the price paid or payable by you for the Products ordered.
11.2 If you purchase from us for business purposes,
11.2.1 then Subject to clause, we will not be liable to you, whether in tort (including negligence), for breach of contract, breach of statutory duty or otherwise for:
18.104.22.168 any indirect or consequential loss; or for
22.214.171.124 any business loss (including loss of profits, contracts, income or revenue), anticipated savings, data, goodwill or wasted expenditure, whether direct or indirect.
11.2.2 Subject to clause 13.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products or the Services to which the claim relates.
11.2.3 If any items are missing from your order, or there are any other irregularities such as faulty or incorrect items, you must notify us as soon as possible in writing, and by no later than within 7 days of Product delivery in order for us to rectify the problem. Failure to notify us within this time frame may result in the inability to rectify this problem.
11.3 Whether you are a business or a consumer, nothing in these Conditions shall exclude or limit either party's liability to the other for
11.3.1 death or personal injury caused by negligence
11.3.3 breach of the terms implied by the section 12 of the Sale of Goods Act 1979;
11.3.4 defective products under the Consumer Protection Act 1987; or for
11.3.5 any other liability that cannot be lawfully excluded or restricted
11.4 Nothing in these Conditions affects your statutory rights as a consumer.
12 EVENTS OUTSIDE OUR CONTROL
12.1 We may cancel the Contract if an event outside our reasonable control makes it difficult to provide the Products in accordance with the Contract, and we shall not be in breach of these Conditions if we do cancel due to such an event. As soon as we become aware of the need to cancel the Contract we will contact you by email setting out our reasons for cancellation. You will receive a full refund of the price paid by you.
13 DATA PROTECTION
14 SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
14.1.1 User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
14.1.2 User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Gozney US and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
14.1.3 Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of outdoor ovens and accessories. Messages may include checkout reminders.
14.1.4 Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
14.1.5 Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
14.1.6 MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
14.1.7 Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
14.1.8 Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
14.1.9 Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
14.1.10 Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
14.1.11 Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Nortfield, Illinois before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Gozney US’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
14.1.12 Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
14.1.13 Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
15 PROMOTIONAL OFFERS
15.1 From time to time we may offer promotional offers in respect of certain Products on our Website. These promotional offers will be subject to availability of the relevant Products and are not an indication of availability
15.2 All promotional offers offered by us shall be subject to these Conditions together with any applicable additional terms and conditions, rules and instructions. Where there is a conflict between these Conditions and any additional terms and conditions, rules and instructions these Conditions shall apply.
16.1 We may transfer the Contract to any person or ask any person to fulfil any aspect of it as long as the performance of the Contract is not affected.
16.2 An entity which is not expressly a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract or these Conditions.
16.3 If any of the numbered terms in these Conditions is found to be void or unenforceable, such invalidity or unenforceability shall not affect the remainder of these Conditions.
16.4 We reserve the right to make changes to these Conditions at any time. Your Contract will be governed by the version of these Conditions in force at the time that you placed your Order.
16.5 These Conditions and the Contract shall be governed by and construed in accordance with the laws of United States of America in the English language, and any court proceedings must take place in the American courts.