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Terms & Condition

When using this site it is important that you understand the Terms and Conditions set out below before you agree to them. This page, along with the documents referred to within, tells you about the legal terms and conditions on which we sell any of the products listed on our website to you.

1. DEFINITIONS AND INTERPRETATION

1.1 In these Conditions:

Contract - means any contract for the sale of goods and/or the supply of services between us and you into which these Conditions are incorporated;
Conditions - means the standard terms and conditions of sale set out below, including the Returns Policy, the documents referred to on this page and any special terms and conditions confirmed in writing by us;
Goods - means the goods and/or services which we shall supply in accordance with these Conditions, under an order which is accepted;
we - means Gotewo.com by Livingco AG, and “us”, “our” and “Store” shall be construed accordingly;
you - means the person placing an order for the Goods and entering into the Contract with us and “your” shall be construed accordingly;

1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.

1.3 Unless expressly stated otherwise, where rights and decisions are to be exercised or made at our discretion, then we shall be under no duty or obligation to you to justify or provide a reason for the decision.

1.4 Where our prior written consent is required in these Conditions, we shall not unreasonably withhold or delay in giving that consent.

1.5 All rights expressly reserved by or granted to us by these Conditions shall be without prejudice to any other rights which we may have from time to time.

2. BASIS OF SALE

2.1 We intend to rely upon these Conditions (as updated by us from time to time) in relation to the contract between you and us. If you require any changes, please make sure you ask for these to be put in writing. No variation of these Conditions shall be binding unless agreed in writing by us. You will be subject to the Conditions in place at the time you order the Goods from us, unless such change is required by law or government or regulatory authority (in which case it will apply to any orders you have previously placed). These Conditions apply to all purchases you make from us at any time, regardless of how the order is made.

2.2 All specifications, drawings and particulars of weights, dimensions and performance issued by us are approximate only. The images of the Goods are for illustrative purposes only and whilst we make every effort to display images accurately the Goods may vary slightly from those images.

2.3 We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery.

2.4 All sizes and measurements are approximate, however we do make every effort to ensure they are as accurate as possible. Please refer to the size guide for clarification.

2.5 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. We reserve the right to refuse orders where product information has been mis-published, including prices.

3. ORDERS AND SPECIFICATIONS

3.1 Your order represents an offer to purchase the Goods which is accepted by us if and when we issue you with written acceptance of the order (at which point the contract between you and us will be formed). Our acceptance of your order is conditional upon the Goods not being intended for resale. All orders are subject to availability and on a first-come first-served basis as unfortunately we are unable to reserve Goods. We shall refund any payment made by you in the event that we cannot provide the Goods you have ordered. We reserve the right to refuse to accept an order.

3.2 You shall be responsible for ensuring the accuracy of the terms of any order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with these Conditions. Our order process allows you to check and amend any error before submitting any order with us. We shall not be liable for all costs and expenses incurred by you due to inaccurate information submitted by you.

3.3 The majority of all product on this site will contain embellishment (in the form of print and embroidery). If you receive the product in accordance with the specification submitted by you (product image and any personalisation), the terms of Clause 10 (Your Right to Cancel) and Clause 11 (Effects of Cancellation) shall not apply.

4. PRICE OF THE GOODS

4.1 The price of the Goods shall be the price confirmed by us at the time the order is placed.

4.2 While we try to ensure that all prices on the Store are accurate, errors may occur. If we discover an error in the price of goods you have ordered, we will inform you as soon as possible and give you the option of re-confirming the order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled, and will refund your order in full.

4.4 The price is inclusive of any applicable value added tax or other sales tax (at the rate from time to time in force). Any packaging or delivery costs (which you shall be required to pay in addition to the price quoted for the Goods) will be confirmed prior to your order being placed.

5. TERMS OF PAYMENT AND PRIVACY, SECURITY & USE OF COOKIES

5.1 You may use the following methods to pay for your order; Mastercard and Visa credit cards Maestro, Delta, Solo or Electron debit card PayPal

5.2 Payment will be taken in full at the point at which you complete your order on the Store.

5.3 A secure third party payment service provider will process your payment, and will perform all of the necessary checks related to your payment processing. Please see our Pay Security Policy for further information.

5.4 Please note that we will not hold any of your sensitive payment information on file, this will all be handled by our service provider in accordance with the details in the Security policy. The information that we collect relating to your order will be treated in accordance with the Data Protection Act and will only be used in relation to the administration of your order.

5.5 Please also note that our site, along with the payment processing, operates Secure Sockets Layer (SSL), which is a computing protocol that ensures the security of data sent via the Internet by using encryption (256 bit).

5.6 For further information on how we shall use and protect your personal data and how this site uses Cookies please see our Security, Privacy & Cookies Policy

6. DELIVERY

6.1 You shall make all arrangements to take delivery of the Goods when they are prepared for dispatch, please refer to our Dispatch Information for further information.

6.2 Standard orders placed on the Store will take in average up to 3 weeks from the point at which you place your order to be prepared for dispatch. Within this timeframe we will order the specific product, and apply all embellishment requested.

7. RISK AND PROPERTY

7.1 Risk of damage to or loss of the Goods shall pass to you at the time of delivery or, if you fail to take delivery of the Goods, the time when you have collected the Goods. This means the Goods shall be your responsibility from this point.

8. WARRANTIES AND LIABILITY

8.1 For Goods purchased on the Store, we warrant that the Goods are of satisfactory quality, conform with the terms of this contract and are fit for their normally intended purpose in all material respects.

8.2 The warranty contained in Clause 8.1 does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval. Please see our Product Care Instruction for more information on how to care for your products.

8.3 In the unlikely event that the Goods do not conform to these Conditions, please let us know as soon as possible after delivery. We will ask you to return the Goods to us at our cost and once we have checked that the Goods are faulty, we will then either exchange, replace or refund the Goods as per your instructions. Please refer to (13.1) for further information.

9. GENERAL

9.1 Neither party shall be liable to the other or deemed to be in breach of Contract by reason of delay or failure to perform any of that party’s obligations if the delay or failure is due to an act or cause beyond that party’s reasonable control. If an event outside our reasonable control takes place that affects the performance of our obligations under a Contract:

(a) - we will contact you as soon as reasonably possible to notify you; and
(b) - our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the event.

9.2 These Conditions do not purport to confer a benefit on any third party.

9.3 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing or by email addressed to the other party and delivered to the address or email address provided at the time the order is confirmed or any subsequent or alternative address which one party may notify to the other from time to time.

9.4 Where we do not take action against you for any breach of the Contract, we shall not be prevented from taking action against you in respect of any subsequent breach of the same or any other provision.

9.5 Each paragraph of these Conditions operates separately. Where any competent authority deems any Condition to be invalid or unenforceable in whole or in part, then the offending part shall be removed and the validity of the remainder of the Conditions shall not be affected.

9.6 The Contract and these Conditions shall be governed by the laws of Switzerland, and you agree to submit to the non-exclusive jurisdiction of the Swiss courts.

9.7 All dealings between us in connection with these Conditions and each Contract shall be carried on in the German language.

9.8 You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably.
9.9 These Terms and Conditions have been prepared in accordance with the Swiss code of obligations 220.

10. MY ACCOUNT & SITE USAGE

10.1 We reserve the right to re-format any address details created by you for the purposes of efficient delivery management and where we reasonably believe the address entered would cause a delay in the delivery of your order.

10.2 It is your responsibility to keep your email address and password details safe. Any orders placed using your account details (whether by you or any third party) will be treated as authorised by you and will be processed accordingly.

10.3 We reserve the right to suspend your account with immediate effect should we reasonably believe that you have breached our Terms and Conditions of sale.

10.4 We reserve the right to withdraw or suspend access to all or any part of the site or amend, withdraw or discontinue any of the materials and/or features available on the site at any time, and without prior warning to users.

10.5 Whilst we do take measures to ensure the security of your shopping experience, we do not guarantee that the site will be secure or free from bugs or viruses and we will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect the user’s computer equipment as a result of using this site. We recommend that you use your own virus protection software when accessing the Site.

10.6 Users of this site must not must not misuse the site by knowingly introducing viruses or other material which are technologically harmful or try to access areas of the website that they are not authorised to (i.e. ‘hacking’).

10.7 We may offer links to sites that are not operated by Us. If You visit one of these linked sites You should review its privacy and other policies. We are not responsible for the policies and practices of other companies.

11. CUSTOMER SERVICES & COMPLAINTS HANDLING

11.1 In the event of an error with your order, you must notify us within 1 months of receipt of the parcel, via email info.ch@gotewo.com, using the Contact Us form, Please check the Goods received against those specified on the accompanying packing list, and notify us of the specific discrepancies.

11.2 We ask that you notify us within 14 days of receiving a dispatch notification if your parcel has not arrived. Please do this via email info.ch@gotewo.com

11.3 In the event that you have a complaint arising from; non-receipt of an order, your order isn’t as you expected, error/s with your order, querying a payment or would like to speak to a manager, please do this via email info.ch@gotewo.com

12. CONTACT DETAILS

Email: info.ch@gotewo.com
Address: Gotewo by Livingco AG, Postgasse 15, 4102 Binningen
Livingco AG is a company registered in Swizerland
VAT No. CHE-152.432.175
Register No. CH-280.3.022.819-2