Welcome to the www.gessy.co.uk website terms and conditions for use. These terms and conditions apply to the use of this Website. By accessing this Website and/or placing an order you agree to comply the terms and conditions below. If you do not agree to follow these terms and conditions you must not use or access this Website.
This website, www.gessy.co.uk is owned by LYDC London Ltd (T/A Gessy Fashion) , ‘Gessy fashion’ is a trading name of LYDC London Ltd.
2.1 "Conditions" means these terms and conditions.
2.2 "Contract" means the order and Order Confirmation between LYDC London Ltd (T/A Gessy Fashion) and its buyer.
2.3 "Products" means the products which LYDC Lonon Ltd (T/A Gessy Fashion) is selling in accordance with these Terms and Conditions.
2.4 "Price" means the price at which LYDC London Ltd (T/A Gessy Fashion) has agreed to accept the Buyer's order and is deemed inclusive of delivery charges in the United Kingdom and any VAT.
2.5 "Seller" means LYDC London Ltd (T/A Gessy Fashion) whose registered office is situated at 53 Derby Street, Manchester, M88HW
2.6 "Product" means a product displayed for sale on the Website;
2.7 "Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided;
2.8 "Special Conditions" means the terms and conditions in the Product Description;
2.9 "Users" means the Buyers of LYDC London Ltd (T/A Gessy Fashion) who are also users of the Website;
2.10 "Personal Information" means the details provided by you on registration of the LYDC London Ltd (T/A Gessy Fashion) as amended from time to time;
2.11 "We/us" means LYDC London Ltd (T/A Gessy Fashion)
2.12 "Website" means the website located at www.gessy.co.uk or any subsequent URL which may replace it;
2.13 "Cookies" means small text files which our Website places on users’ computer's hard drive to store information about you and any shopping session and to identify your computer;
2.14 "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands;
2.15 "You" means Buyer of the LYDC London Ltd (T/A Gessy Fashion) and a user of this Website;
2.16 "Consumers” means a buyer who does not purchase products in the course of any kind of business.
3. Use of the website
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
3.2.1 You warrant that:
22.214.171.124 The Personal Information which you are required to provide when you register as a Buyer of the LYDC London Ltd (T/A Gessy Fashion) is true, accurate, current and complete in all respects;
126.96.36.199 You will notify us immediately of any changes to the Personal Information by contacting us by e-mail and updating your My Accounts records.
3.2.2 You agree not to pretend to be any other person or to use a false name or names that you are not permit to use.
3.3.1 You agree fully to assure, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
3.4 Our rights
3.4.1 We reserve the right to:
188.8.131.52 Temporarily or permanently modify this Website without notice to you and you confirm that we shall not be liable to you or any third party for any modification to the Website;
184.108.40.206 Change the Conditions at any time, and your continued use of the Website following such change is considered to be your acceptance of such change. It is your responsibility to check whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
3.5 Basis of Sale
3.5.1 These Terms and Conditions will govern the Contract to the exclusion of any other terms, including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or other document and that by placing any order the Buyer acknowledges that any business conducted under the contract will be subject to these Terms and Conditions of Business.
3.5.2 Any change of these Terms and Conditions will only bind the Seller if agreed in writing between authorized representatives of the Seller and the Buyer.
3.5.3 The Seller's employees are not authorized to make any representations concerning the products unless confirmed by the Seller in writing. In inflowing into any contract and in accepting delivery, the Buyer acknowledges that it does not rely on any representations relating to the products which are not confirmed in this way.
3.5.4 Terms and Conditions shall deny or limit any rights of Buyer as a consumer. In the event of conflict between the Terms of the Contract and any consumers’ rights, the latter shall prevail in favors of the Buyer being a buyer who does not purchase products in the course of any kind of business.
3.6 Orders and Specifications
3.6.1 All products are offered for sale subject to availability and subject to the Seller's acceptance of the Order.
3.6.2 No Order will be accepted by the Seller unless and until it is confirmed unconditionally by the Seller, who reserves the right in its ultimate judgment whether to accept an order from time to time from any Buyer.
3.6.3 All contents of website published by Seller such as descriptions, specifications, drawings or prices of the product are submitted for guidance only. The Seller reserves the right to make insignificant change to the website which contains any modifications in the design and specification of the Products without notice to the Buyer, but agrees to notify the Buyer of any major modifications which the Buyer shall be deemed to have accepted unless notification to the contrary is received in writing by the seller within 7 days of delivery.
3.7 Price and Payment
3.7.1 The Buyer will pay the Price together with an amount equal to VAT chargeable on the sale of the Products in accordance with the procedures set out in the Seller's website.
3.8.1 The way for delivery of the Products will be agreed between the Seller and the Buyer and shown on the Order Confirmation. Please see our shipping information page for details.
3.8.2 Any dates quoted for delivery of the Products are indicative only. Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Products howsoever caused.
3.8.3 The Buyer must inspect the Products on delivery and, in the case where Products have been delivered by carrier, sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of Products indicated on that document free from any apparent defect or damage. The Buyer may not reject the Products or any part of them solely on the grounds of short delivery of an installment. If the Products are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer.
3.8.4 The Seller reserves the right to make delivery of the Products by installments. If the Products are to be delivered in installments, each delivery will constitute a separate contract. The Buyer may not treat the Contract (as a whole) as repudiated if the Seller fails to deliver any one or more of the installments or if the Buyer has a claim in respect of any one or more of the installments.
3.8.5 If the Buyer fails to take delivery of the Products then, in addition to any other right or compensation available to the Seller, the Seller may do either or both of the following;
220.127.116.11 Store the Products until actual delivery and charge the Buyer for the reasonable cost (including insurance) of storage, together with any other reasonable incidental costs;
18.104.22.168 Sell the Products at the best price readily obtainable by the Seller and (after deducting all storage and selling expenses) charge the Buyer for any shortfall below the Price. The Buyer must advise the Seller in writing of any alteration, cancellation or delay of delivery and the Seller reserves the right to make a charge (which will not normally be less than 20% of the cost of the item altered, deferred or cancelled), whether the products have been taken into stock or not.
3.8.6 Products must not be returned to the Seller except as provided in Condition 5.4 hereof.
3.9 Risk and Property
3.9.1 Risk of damage to or loss of the Products will pass to the Buyer on delivery at the agreed address.
3.9.2 Notwithstanding delivery and the passing of risk in the Products will not pass from the Seller until the Seller has received in cleared funds full payment of the Price and all other sums which are due, owing or payable by the Buyer to the Seller in respect of the Contract or any other Contract between the Seller and the Buyer.
3.9.3 All products that ordered under credit invoice or credit account from LYDC London Ltd (T/A Gessy Fashion) are remained as the properties of LYDC London Ltd (T/A Gessy Fashion) until the full payment of order(s) has been cleared. Buyer is not allowed to transfer unpaid products of LYDC London Ltd (T/A Gessy Fashion) to any third parties in any circumstances. Up to sign the agreement of credit account with Gessy Fashion, buyer has agreed to sign upLYDC London Ltd (T/A Gessy Fashion) as their secured creditor and LYDC London Ltd (T/A Gessy Fashion) is entitled to claim the ownership of all unpaid products if the buyer fails to make payment under credit agreement; or in case of bankruptcy.
3.10.1 The Seller will not be liable for short delivery or defective Products unless notice is given to the Seller in writing in accordance with Condition 7.4 within seven days of delivery. In each case, the notification must include the invoice number, delivery note number and details of the claim. In the case of a valid claim, the Seller may, in its sole discretion, replace the Products (or the part in question) or refund to the Buyer the Price (or an appropriate proportion of the Price). The Seller will have no further liability to the Buyer in respect of the matters referred to in this Condition.
3.10.2 The Seller will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of the Seller, including but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or natural disasters.
3.10.3 Nothing in this Condition 3.10 shall limit or exclude any liability of the Seller for death or personal injury caused by the Seller's negligence. Except as provided in this Condition 3.10, the Seller will not be liable to the Buyer for any indirect or consequential loss or damage, costs, expenses (including loss of profit) or other claims for compensation whatsoever arising out of or in connection with the sale of the Products or their use or resale by the Buyer.
4.1 We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.
4.2 Before you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name/company name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. We may also collect information about where you are on the internet (e.g. the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website ("User Information"). We may collect this information even if you do not register with us.
4.3 You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service.
4.4 We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office. We use your information only for the following purposes:
4.4.1 Processing your orders;
4.4.2 For statistical or survey purposes to improve this Website and its services to you;
4.4.3 To serve website content and advertisements to you;
4.4.4 To administer this website;
4.4.5 If you consent, to notify you of products or special offers that may be of interest to you.
4.5 You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
4.6 You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.
5. Purchase of products
5.1.1 Our branded products; LYDC, Anna Smith & DSUK, are not to be sold on eBay, Amazon, Facebook, Market stalls, Handbag parties, selling apps such as Depop or any other outlets that would effect our brands identity.
5.1.2 We do not have any pricing policy covering our Gessy & Key West products.
5.1.3 We will try our best to protect the details of your order and payment. But in the absence of negligence on our part we are not able to hold liable for any loss as result of a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
5.1.4 When placing an order on the website you agree to sell for no less than 2.75 times the wholesale price.
5.2 Contract creation and electronic contracting.
5.2.1 The technical steps required to create the contract between you and us are as follows:
22.214.171.124 You register in www.gessy.co.uk become a Buyer of the LYDC London Ltd (T/A Gessy Fashion)
126.96.36.199 We recommend all buyers visit our showroom to exam the quality of product sample before place any order on the website. If you require our 30-days credit invoice service, all credit check must be done before placing any order.
188.8.131.52 You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website. Alternatively, you can contact our sales department via phone or email to place an order.
184.108.40.206 We will contact you with stock availability about the products you have ordered. This is not an order confirmation or order acceptance by us.
220.127.116.11 As your product is shipped from our warehouse we will send you a dispatch confirmation email or contact you by phone only if you requires our to do so.
18.104.22.168 Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions. An invoice will be issued at same time.
5.2.2 Non-acceptance of an order may be a result of one of the following:
22.214.171.124 The product you ordered being unavailable from stock.
126.96.36.199 Our inability to obtain authorization for your payment.
188.8.131.52 The identification of a pricing or product description error.
184.108.40.206 You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
5.2.3 The contract will be concluded in English.
5.3 Contract cancellation
5.3.1 Under the United Kingdom's Distance Selling Regulations, the Buyer shall have the right to cancel any order for Products in the case of faulty or defective Products at the earliest opportunity after the Buyer has discovered the fault or defect (provided that the Buyer shall be deemed to have inspected the Products as soon as reasonably practicable after delivery and provided that the fault or defect is not minor or trivial and is capable of rectification, and is so rectified, by the Seller at the Seller's cost).
5.3.2 Notice of the wish to cancel must be made to the Seller in writing, detailing the invoice no. product no, colour, total quantity of cancellation within 1 day of receiving order(s)
5.3.3 Please note that your right to return Products does NOT apply to Products which made to your specification unless they are faulty.
5.3.4 In the case of cancellation under Condition 5.3 hereof, the Seller reserves the right to deduct from any credit due to the Buyer or to charge the Buyer. Buyer is liable for delivery cost applicable to the Products in regard to re-send of the Products to the Seller. The Seller shall refund to the Buyer all sums paid.
5.4 Shipping & Returns
5.4.1 Damages, shortages or items that do not match what you expected must be notified to us within 3 days of receipt by e-mail to email@example.com quoting your order number, name and address, description of the product and the reason, and whether you require a refund or a replacement.
5.4.2 All return enquiries must be made within 3 days of receiving the goods. We will accept returns of any product if the products you received are faulty, damaged, or do not match the description of website.
5.4.3 All items of Products which are returned by the Buyer to the Seller must be returned with their original, undamaged packaging and must be in an unused condition (except only in the case of Products which have been discovered to be faulty upon use).
5.4.4 All returned Products must, upon return, be received by the Seller with the original packaging, failing which the Seller reserves the right to refuse either all or some of the refund which would otherwise be due in respect of such returned Products. Except in the case of faulty returns, the cost of returning Products shall be borne by the Buyer.
5.4.5 The Buyer shall not (except in the case of faulty Products) have any right to return Products which been assembled or modified, in whole or in part.
5.4.6 We will not accept any returns (damaged or faulty) after 6 months of the purchase so please make sure you contact us before the time period
6. Description of products
6.1 Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.
6.2 We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.
7.1 Intellectual property and right to use
7.1.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us or our licensors.
7.1.2 You acknowledge and agree that the material and content contained within the Website is made available for your use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
7.1.2 The website and all Content, which includes text, images, video and audio are the property of LYDC London Ltd and/or a third party. Except where specifically permitted by LYDC London Ltd, you may not use, reproduce, copy, modify, distribute, display, or sell any Content obtained from this website, in whole or in part. Any use of the Content, except where permission is given, is strictly prohibited. To request permission of such Content please email firstname.lastname@example.org.
7.2 Compliance with laws
7.2.1 The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
7.3 Limitation of liability
7.3.1 we will try our best to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
7.3.2 We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
7.3.3 To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
7.3.4 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
220.127.116.11 Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
18.104.22.168 Any loss of goodwill or reputation; or
22.214.171.124 Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
7.3.5 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
7.4.1 Any notice given or made under the Contract will be in writing (other than writing on the screen of a visual display unit or other similar device, which shall not be treated as writing for the purposes of this Clause).
7.4.2 A notice will be addressed as provided in Condition 7.4 and, if so addressed, will be deemed to have been duly given or made as follows:
126.96.36.199 If sent by personal delivery, upon delivery at the address of the relevant party; or
188.8.131.52 If sent by first class post, two clear business days after the date of posting.
7.4.3 For the purpose of the Contract, notices will be given to the Seller at its address set out in Condition, for the attention of the Company Secretary. Notices will be given to the Buyer at the address to which the Products have been delivered.
7.4.4 The Seller and the Buyer may notify each other of a change in their name, relevant addressee and address for the purpose of Condition.
7.4.5 This notification will only be effective on:
184.108.40.206 The date specified as the date on which the change is to take place; or
220.127.116.11 If no date is specified or the date specified is less than five clear business days after the date on which notice is given, the date falling five clear business days after notice of any change has been given.
7.4.6 This clause will not apply in relation to the formal service of any court documentation or other document arising in connection with any disputes under the Contract.
7.5.1 If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
7.6.1 No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
7.7.1 Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
7.8 Entire agreement
7.8.1 These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what we and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
7.9.1 The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
7.10.1 The registered company trading address: 53 Derby Street, Manchester, M8 8HW