Terms and Conditions

Introduction

Welcome to gingerfox.co.uk. Both Ginger Fox and Milly & Flynn are Hacche Retail Ltd brands. ‘Hacche’, ‘us’, ‘our’ or ‘we’ refers to Hacche Retail Ltd., the owner of this website whose registered office is Stirling House, College Road, Cheltenham, Gloucestershire GL53 7HY. Our company registration number is 10081632. You can contact us regarding this website, any orders placed through this website, or any complaints in the following ways:

By telephone: 01242 241765

By email: sales@gingerfox.co.uk

In writing: Hacche Retail Ltd, Stirling House, College Road, Cheltenham. Gloucestershire United Kingdom. GL53 7HY

‘You’ or ‘your’ refers to the user or viewer of our website. If you continue to browse and use this website and/or place orders with us, you agree to comply with and be bound by the following terms and conditions, which together with our privacy policy govern our relationship with you in relation to this website and orders made using it. If you disagree with any part of these terms and conditions, please do not continue to use our website.

Terms of Website Use

The content of this website is for your general information and use only. It is subject to change without notice other than as set out below. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products or information available through this website meet your specific requirements. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction of these is prohibited.

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Unauthorised use of this website may give rise to a claim for damages and/or may be a criminal offence. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Whenever you make use of a feature that allows you to upload content to our site or any site (including social media pages) run by us, either for the purposes of an order or otherwise, such content must not contain any material which is defamatory, obscene, offensive, hateful, inflammatory, sexually explicit, violent, discriminatory, deceitful, infringing of the rights of or duties owed to any third party, illegal, threatening, abusive, harassing, capable of being used to impersonate any person or to misrepresent your identity or affiliation with any person, or advocate, promote or assist any of the above.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us [and other users of our site] a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy. You are solely responsible for securing and backing up your content.

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.

Terms and Conditions of Sale

These are the terms and conditions on which we supply products to you. Please read these carefully before you submit your order to us.

Formation of Contract

Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. If we are unable to accept your order, we will inform you of this and will not charge you for the product. We will assign an order number to your order and tell you what it is when we accept your order.

Products

The images of products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct.

Delivery

We deliver throughout the UK and the USA. Please note that whilst we make every effort to successfully deliver your order, restrictions may apply in certain locations.

The costs of delivery and estimated date will be as displayed to you on our website.

If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

Your Rights to Cancel if you are a Consumer (personal/non business)

As a consumer then for most products bought online you have a legal right to change your mind and receive a refund. However, the right of consumers to change their mind does not apply in respect of:

  • Products which are ‘bespoke’ i.e. designed and manufactured to your specific requirements such that we could not resell them to anyone other than you;
  • Digital products after you have started to download or stream these;
  • Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
  • Sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
  • Any products which become mixed inseparably with other items after their delivery.

As a consumer the time during which you can change your mind depends on what you have ordered and how it is delivered:

  • if you have purchased goods, you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries, in which case you have 14 days after the day you (or someone you nominate) receives the final part of your order; or
  • if you have purchased digital content, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

If you have received your order but you are unhappy with it for some reason and wish to end the contract with us, please email us at sales@gingerfox.co.uk or call us on 01242 241765. You will need to provide us with the order number, your name, address and, where available, your phone number and email address. Please note each order will be managed on an individual basis. Where possible we will try to accommodate your request but this is not guaranteed and there is no obligation for us to process a refund unless the item or order is defective or faulty.

You must pay the costs of returning the goods but we will refund the costs of sending the goods to you, however the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days for one price but you have chosen to have the product delivered within 24 hours at a higher price, then we will only refund what you would have paid for the cheaper delivery option.

If you are entitled to a refund under these terms we will refund you the price you paid for the products via the method you used for payment. However, we may make deductions from the price, as described below.

We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

If the products are goods, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.

Rejecting Defective Products if you are a Consumer (personal/non business)

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. If you wish to exercise your legal rights to reject goods because they are defective, you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.

Price and Payment

The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

We accept payment by Mastercard Credit & Debit, Maestro, Visa Credit & Debit and Visa Electron. These are processed via Realex Global Payments. You will be charged for the products before we dispatch them.

Loss or Damage if you are a Consumer (personal/non business)

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. We do not exclude or limit in any way our liability 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 your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation.

As a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited.

Intellectual Property

You confirm that you own or have permission to use any images, text, content, designs or logos you provide to us in any media that you provide to us in order to provide you with products, and that you grant us the right to display, modify, print, transmit, distribute or delete them in order to provide you with products.

You retain all intellectual property rights to the images, text, content, designs or logos that you have uploaded to the website or emailed to us. We may delete, remove or refuse to display these in our sole discretion. We may display, modify, print, transmit, distribute or delete any of the images, text, content, designs or logos that you upload or email to us, provided that this use is necessary in order to provide you with the products you have ordered.

General

Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us.

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.

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 this 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 products, we can still require you to make the payment at a later date.

These terms are governed by the laws of England and Wales.

As a consumer, you may bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products or any contract in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Ginger Fox Origami Competition

TERMS & CONDITIONS FOR PROMOTIONS

  1. These terms and conditions apply to the #GingerFoxGames Origami Competition which is being run on our website and social media platforms (‘Promotion’).

 

  1. By entering into this Promotion you agree to be bound by these competition rules.

 

  1. In these terms and conditions, ‘we’, ‘us’, ’our’ and ‘Promoter’ all mean Hacche Retail Ltd. Our address is Stirling House, College Road, Cheltenham GL53 7HY.

 

Promotional Period

  1. This Promotion will start immediately (i.e. as soon as it is first promoted), unless a later start date/time is specified and will run until midnight on 31st December 2019. All times are based on UK time.

 

Eligibility

  1. The Promotion is open to individuals who are UK and USA resident and aged 13 years or over.

 

  1. Our employees, agents, freelancers, contractors and their immediate family members or households (whether related or not), and anyone else professionally involved with the relevant Promotion, are excluded from entering and from winning.

 

How to Enter

  1. To enter, post your Ginger Fox game or Origami photo using #GingerFoxGames on Facebook, Instagram or Twitter.

 

Winner Selection

  1. A winner will be selected at random, from all valid entries using #GingerFoxGames across Facebook, Instagram and Twitter each month.

 

Winner Notification and Acceptance

  1. Each winner will be notified via the channel on which the winning entry was posted.

Each winner may also be announced on Facebook, Instagram and Twitter using their winning photo.

Each winner may be required to:

  • participate in related publicity and to give their consent for the use of the winning photo for such purposes;
  • acknowledge the prize via the instructions in the winning notification;
  • provide verification details (proof of age etc.) if requested; and
  • confirm their acceptance of the prize.

Failure to agree to the above will result in the prize being forfeited and the Promoter may at its absolute discretion award the prize to a reserve winner, selected at the same time as the original winner.

Promotion Prize

  1. Each winner will receive a selection of Ginger Fox games chosen by the Promoter. No cash or other alternative will be offered. Each prize is non-transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice. Prizes will be sent within 28 days of winner notification.

 

General

  1. There are numerous factors outside the control of the Promoter which may interfere with the operation of the Promotion. The Promoter does not therefore guarantee continuous, uninterrupted access to the Promotion.
  2. Where a winner chooses not to accept a prize, they forfeit any and all claims to that prize.
  3. Each winner is responsible for any tax arising on a prize.
  4. Your personal information will be processed in accordance with the Promoter’s privacy policy (available on request). All personal data belonging to an entrant shall be processed solely for the purpose of their participation in the Promotion and will only be retained by the Promoter for as long as is necessary, unless you have consented to receiving further information from the Promoter.
  5. The Promoter reserves the right to cancel the prize draw at any time and without notice due to circumstances beyond its control. The Promoter is not responsible for any late, lost, misdirected, damaged or incomplete entries.
  6. To the fullest extent possible in law, neither the Promoter nor agencies involved in this Promotion will be liable for any loss or damage whatsoever caused by matters relating to this Promotion.
  7. The Promoter reserves the right to request proof of identity or to verify eligibility conditions.
  8. The Promoter reserves the right to verify all entries including the winning entry and to refuse to award a prize or withdraw prize entitlement where there are reasonable grounds to believe there has been a breach of these terms and conditions or any instructions forming part of this Promotion’s entry requirements or otherwise where a participant has gained unfair advantage in participating in the Promotion or won using fraudulent means.
  9. Any question concerning the legal interpretation of the rules will be based on English law and the Courts of England and Wales will have exclusive jurisdiction.

This competition is not run in association with Facebook, Instagram or Twitter.