Terms & Conditions Policy
Updated: March 2022
The following terms will apply to all items purchased through GiaGai.shop
1. Parties/Definitions
1.1. In these Terms and Conditions, the following terms shall have the following meanings:
1.1.1. We, Us: GiaGai, Seller
1.1.2. You, Your: the person using our site to buy goods
1.1.3. Goods: goods purchased for sale on the Site
1.1.4. Website: GiaGai.shop
2. The contract
2.1. We act at all times as the Seller.
2.2. You place an order on the site by adding items to the basket then when you are happy with your choice, proceeding to the next step and clicking “pay” to confirm your order. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us. Once you have pressed 'pay' you are committed to the order. You will be asked to confirm your agreement to these Terms and Conditions prior to submitting your order.
2.3. We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form confirming acceptance of your order. Our confirmation of acceptance of your order brings into existence a legally binding contract between you and GiaGai.
3. Price
3.1. The prices payable for goods that you order are as set out on the Website.
3.2. You will be required to pay extra for delivery.
4. Cancellation by us
4.1. We reserve the right to cancel the contract if:
4.1.1. we have insufficient stock to deliver the goods you have ordered;
4.1.2. we do not deliver to your area; or
4.1.3. one or more of the goods you ordered was listed at an incorrect price due to a typographical error.
4.2. If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your original payment provider as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5. Delivery of goods to you
5.1. Information as to delivery options and charges is provided on the site. It may not be possible for us to deliver to some locations.
5.2. We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. No other address will be accepted after this.
5.3. Delivery will be made 1-2 days after your payment is accepted and your order is processed, in any event within 10 days of your order.
5.4. You will become the owner of the goods you have ordered when they have been delivered to you, prior to which ownership of the goods remains with GiaGai. Once goods have been delivered to you they will be held at your own risk and GiaGai will not be liable for their loss or destruction.
5.5 Goods will be delivered in non-recycled packaging.
5.6 Goods will be delivered in either a plain gold parcel bag with a GiaGai sticker, or a box, which may have come from various sources / have different companies logos on them. (The boxes will be replaced as GiaGai continues to grow and trade).
6. Returns
GiaGai has a 7 day returns policy, which allows the buyer the right to cancel their order, up to 7 days (including weekends and bank holidays calculated) after receiving their item, after this GiaGai will not accept a request for a return and no refund will be provided. The buyer pays for the return postage and this will not be refunded, only the cost of the item and original postage. GiaGai does not offer any returns for swimwear or underwear or earrings. This does not affect your statutory rights for damaged items. Perfumes or sealed items which have been unsealed or tampered with have a no returns policy. GiaGai does not offer exchanges. Please get in touch here if you have questions about any specific item prior to purchase as GiaGai would like to make your purchase one that you wish to keep. Thank you. A cancellation form can be found here.
6.1. The majority of goods sold are pre-owned (second-hand) and are likely to have been worn/used at least once. As such, they may not be in perfect condition, although GiaGai will endeavour to accurately describe the condition of all goods on the website.
6.1a. If the goods are not as described on the website or have a fault not described and you wish to return them, you must contact us immediately (within 1 working day) on receipt of the goods. GiaGai will then acknowledge your email with instructions on how and where to return your goods. At this point you, the buyer, can send the goods back to our contact address at your own cost and risk, unless directed otherwise by GiaGai. You must return the item / s within 7 days of receiving the goods. Please obtain a receipt for proof of posting. Once GiaGai have received the goods and GiaGai has completed a full inspection and are happy to refund your monies, any sum debited to us from your original payment provider, plus the reasonable cost of the RETURN postage, will be credited to your account as soon as possible.
6.2 GiaGai also sells Past Seasons. This label has been given to any items which have been bought directly from a shop by GiaGai and not directly from the / a wholesaler. GiaGai then stores these items inside their premises. They will have either the original tag or part of the original tag on the item, this may or may not include the original price. These goods are also non-returnable, unless Clause 6.1a, 6.3 or 6.4 arises.
6.3 Damaged Goods, contact GiaGai within 1 working day of delivery of the item /s, with 4 images, two showing the original packaging of the parcel damage and two images of the damage of the actual item itself. Once GiaGai acknowledges receipt of the damaged images, GiaGai will send instructions on how and where to send the item. You will need to pay for the return postage and obtain a receipt for proof of posting, or as otherwise advised by GiaGai. Your item needs to be sent back within 7 days of receiving the item or items.
6.4 For lost / missing goods, please inform GiaGai within 10-12 working days of non-receipt. Once GiaGai has investigated the missing item / s and it is deemed that the item / s, is / are lost then a FULL refund (including postage) will be refunded as in Clause 6.1a.
6.5 Items sent back to GiaGai without first requesting a return will not be accepted.
6.6 GiaGai has a 7 days cancellation /returns policy.
7. Liability
7.1. If the goods we deliver are not what you ordered or are not as described on the website or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing here of the problem within 1 working day of the delivery of the goods in question.
7.2. If you do not receive the goods ordered within 10 working days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing here of the problem within 12 working days of the date on which you ordered the goods.
7.3 If you receive damaged goods you must notify GiaGai within 1 working day of the delivery, with 4 images, two showing the original packaging of the parcel damage and two images of the damage of the actual item itself. GiaGai shall have no liability to you unless you notify us within 1 working day of the delivery, in writing here of the problem.
7.3. If you notify a problem to us under clauses 7.1, 7.2 or 7.3 above, our only obligation will be
7.3.1. to make good any shortage (subject to availability) , raise an internal claim for non-delivery or damage;
7.3.2. to refund to you the amount paid by you for the goods in question by the original payment method. In these circumstances a full refund including your original postage will be made.
7.4. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clauses 3.1 and 3.2 above.
7.5. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase. At present we can only offer delivery to the UK.
7.6. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
7.7. GiaGai's liability is as stated in these Terms and Conditions
8. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, coronavirus restrictions, breakdown of systems or network access, flood, fire, explosion or accident.
9. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
10. Third party rights
Except for our affiliates and GiaGai representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
11. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
12. Entire agreement
These terms and conditions, together with our current website prices, delivery details, and contact details, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
