Trading Terms

The www.thebluegoose.com Website (the “Website”) is provided, owned and controlled by The Blue Goose of 8 Coggeshall Road, Marks Tey, Colchester, Essex, CO6 1LJ to you (the“User”) subject to the following conditions (the “Conditions”). TBG can be contacted at info@thebluegoose.co.uk. TBG's VAT number is: 636 98 7382 (Scotland and England and Northern Ireland).

In using the Website the User indicates his or her agreement to be bound by these Conditions. In agreeing to be bound by the Conditions, the User agrees to be bound by the terms set out in the other documents referred to in these Conditions including without limitation the Privacy Policy attached to these Conditions, and the expression “Conditions” shall be deemed to include those other materials. These Conditions do not apply to contracts for the sale of products or supply of services which are concluded via this Website. Separate On-Line Conditions of Purchase which are provided on the secure area of the Website (the "On-Line Conditions of Purchase") apply to all contracts for the sale of products or supply of services formed via the Website.

The User further agrees that he or she has read and understood these Conditions. If a User has any queries please send them by email to info@thebluegoose.co.uk.

TBG shall be entitled to terminate the User's permission to use the Website at any time if the User breaches these Conditions. TBG shall be entitled to terminate the operation of the Website at any time. TBG shall provide thirty days notice of any such termination by posting a notice to that effect on the Website.

Definitions

The following terms shall have the meaning given below:

"Customer" means a User who has placed a request to purchase a Product on-line;

"On-line Store" means the secure area of the Website which allows Users to initiate the purchase of Product(s) on-line;

"Privacy Policy" means the TBG Privacy Policy attached to these Conditions as that policy may be updated from time to time;

"Product" means any product offered for sale by TBG; and

"User" means any user of the Website.

Changes to the Website

The User acknowledges and accepts that TBG may from time to time alter any aspect of the Website, or any of the products provided through the Website, as it thinks fit and without notice to the User. Further, TBG may alter these Conditions at any time by giving 30 days notice on the Website. The User accepts that it will have no claim for breach of contract or otherwise in respect of any such alteration.

User Conduct

The User warrants and undertakes that in its use of the Website it shall:

use the Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Website by, any third party;

not engage in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person;

not transmit or distribute any material or information which contravenes any applicable law or any person's legal rights; and

use current virus checking software when using the Website.

TBG shall have the right to disable access of any User to the Website at TBG's sole discretion if TBG reasonably believes that such User is in breach of these Conditions and in particular any of the obligations set out above relating to User conduct.

Security

The On-line Store uses payment processing services from a payment service provider compliant with the standards imposed by the Payment Card Industry ("PCI") to protect the security of Customer Information. TBG also uses virus checking software in respect of the operation of the Website.

Disclaimer

THE PROVISIONS SET OUT IN THIS "DISCLAIMER" SECTION DO NOT APPLY TO ANY PURCHASES MADE USING THE ON-LINE STORE AS SUCH PURCHASES ARE GOVERNED BY THE ON-LINE CONDITIONS OF PURCHASE.

TBG SHALL TAKE REASONABLE CARE IN PREPARATION OF THE CONTENT OF THE WEBSITE (THE "CONTENTS"), BUT OTHERWISE EXCLUDES, INSOFAR AS PERMITTED BY LAW, ALL WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED IN RESPECT OF THE ACCURACY OF THE CONTENTS.

ANY PRICES STATED ON THE WEBSITE FOR PRODUCTS ARE PROVIDED BY WAY OF INFORMATION ONLY AND DO NOT CONSTITUTE AN OFFER MADE BY TBG. ANY CUSTOMER WISHING TO PURCHASE A PRODUCT VIEWED ON THE WEBSITE (OTHER THAN VIA THE ON-LINE PURCHASE PROCESS) SHOULD CONTACT HIS OR HER LOCAL TBG STORE FOR UP TO DATE PRICE INFORMATION.

THE USER ACKNOWLEDGES AND ACCEPTS THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT FREE AND MAY FROM TIME TO TIME REQUIRE PERIODS OF DOWNTIME (BEING PERIODS DURING WHICH THE WEBSITE IS NOT AVAILABLE TO THE USER) FOR THE PURPOSES OF REPAIR, MAINTENANCE AND UPGRADING.

ACCORDINGLY, TBG DOES NOT GUARANTEE UNINTERRUPTED AVAILABILITY OF THE WEBSITE, BUT IT SHALL MAKE REASONABLE EFFORTS TO MINIMISE ANY PERIODS DURING WHICH THE WEBSITE IS NOT AVAILABLE.

TBG CANNOT GUARANTEE THAT THE WEBSITE AND ANY DOCUMENTS, FILES AND INFORMATION DOWNLOADED FROM THE WEBSITE WILL BE FREE FROM VIRUSES, TROJAN HORSES, WORMS , TIME BOMBS, KEYSTROKE LOGGERS, SPYWARE OR OTHER HARMFUL PROGRAMS OR COMPUTER CODE DESIGNED TO ADVERSELY AFFECT THE OPERATION OF ANY COMPUTER SOFTWARE OR HARDWARE. TBG SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, COST OR EXPENSE WHICH MAY BE SUFFERED BY ANY PERSON ARISING FROM ANY SUCH HARMFUL PROGRAMS OR COMPUTER CODE.

TBG WILL NOT HAVE ANY LIABILITY TO ANY PERSON FOR ANY INDIRECT OR CONSEQUENTIAL LOSS ARISING FROM THAT PERSON'S USE OF THE WEBSITE.

THE USER ACCEPTS AND ACKNOWLEDGES THAT TBG, ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OF ANY SORT, AND ADVISERS SHALL NOT IN ANY WAY BE LIABLE FOR ANY DAMAGE, LOSS, COSTS OR EXPENSES ARISING DIRECTLY OR INDIRECTLY FROM THE USER’S DOWNLOADING OF ANY OF THE CONTENTS FROM THE WEB SITE OR USE OF ANY OF THE CONTENTS FOR ANY PURPOSE.

NOTHING IN THESE CONDITIONS SHALL EXCLUDE OR LIMIT TBG'S LIABILITY FOR: DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR ANY OF THE FOLLOWING TERMS IMPLIED BY LAW:-

THAT TBG HAS THE NECESSARY RIGHT AND TITLE TO SELL PRODUCTS TO YOU;

THAT PRODUCTS WILL CORRESPOND WITH THE DESCRIPTION OF THE PRODUCTS IN ANY CONTRACT BETWEEN YOU AND TBG;

THAT PRODUCTS SHALL BE OF SATISFACTORY QUALITY AND SHALL BE REASONABLY FIT FOR THE PURPOSE FOR WHICH THEY ARE MADE AND SOLD; AND

THAT THE QUALITY OF PRODUCTS SHALL CORRESPOND TO ANY SAMPLES OF THE PRODUCTS VIEWED BY YOU PRIOR TO YOU PLACING ANY ORDER FOR PRODUCTS.

Cancellation by Us

We reserve the right not to accept any order request if:

we have insufficient stock to deliver the goods you have ordered;

we do not deliver to your area;

one or more of the goods ordered was incorrectly described or priced on the website;

the payment transaction is not authorized;

If we do cancel your contract we will notify you by e-mail and will refund to you any sum paid by you to us in respect of the contract as soon as possible, and in any event within 30 days of the cancellation of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

Cancellation by You the Customer

You are entitled to a statutory cooling off period beginning from the date you placed your order and ending 7 working days after you received the goods. Certain goods are exempt from this cooling off period, for example a mattress which has been taken out of its sealed packaging in which it was delivered, and made to order or bespoke items ordered.

You must inform us in writing during the cooling off period that you are cancelling the contract (e-mails are accepted).

If you have not received the goods at the time of cancellation of the contract, and we have not processed the goods for delivery, we will refund to you all the monies paid by you for the goods in question including the delivery charges in the same form of payment originally used for the purchase as soon as possible, and in any event within 30 days of the your cancellation being accepted.

If you have not received the goods at the time of cancellation of the contract, but we have processed the goods for delivery, and they are en route, you must not unpack the goods when they are received by you. You are the owner of the goods once they have been delivered to you and you are liable for their loss or destruction. The goods must be returned to us as soon as possible. Refunds will be made in the same form of payment originally used for the purchase, as soon as possible and in any event within 30 days of your cancellation being accepted.

If you have received the goods at the time of cancellation of the contract the goods must be returned to us as soon as possible. You are the owner of the goods once they have been delivered to you and you are liable for their loss or destruction. The goods must be returned to us as soon as possible. Refunds will be made in the same form of payment originally used for the purchase as soon as possible, and in any event within 30 days of your order being accepted, PROVIDED THAT the goods are returned by you and received by us in the condition that they were in when delivered to you.

If you do not return the goods to us we shall be entitled to deduct the direct costs of recovering the goods from the amount to be refunded to you.

Hypertext Links

The Website and its Contents may incorporate links to the web sites and services of third parties. Such links are provided for the User’s convenience only, and their provision does not constitute an authorisation by TBG to the User to access such third party Websites, nor an endorsement of the content of such third party Websites by TBG.

The User acknowledges and accepts that TBG is not, and shall not be held responsible for any damages, loss, costs or expenses arising from the use of such third party Websites, or products or services available through such third party Websites.

Copyright

Except where expressly indicated otherwise, copyright in all of the contents of the Website belongs to TBG or third party licensors.

Notwithstanding the foregoing, TBG hereby authorises Users for the purposes of using the Website in accordance with the User's obligations under these Conditions to:-

view and display the contents;

download the contents and store them in the User's computer (for example in the browser’s cache) for a period not exceeding thirty days, provided that the User also downloads any relevant copyright notice; and

print out the contents, provided that the User also prints out any relevant copyright notice attached to the contents.

Trademarks

The names and logos identifying the Website and TBG and its products and services are either (a) proprietary marks of TBG or (b) marks which TBG is licensed to use. Nothing in these Conditions shall confer on the User any licence of any such mark or of any other intellectual property right of TBG or any third party (subject always to the above provisions relating to copyright). General

These Conditions shall be deemed to include any other policies published on the Website from time to time, including but not limited to rules relating to the data protection policy of TBG, as set out in the Privacy Policy;

These Conditions, the Privacy Policy and any other specific terms of use appearing anywhere on the Website constitute the entire agreement of the parties in relation to the use of the Website, and the Conditions supersede any other agreements between the parties in this matter. All other terms, conditions, warranties or other stipulations concerning the Website whether express or implied by common law or under statute are excluded to the fullest extent permitted by law.

If any of these Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Conditions are intended to be effective, then to the extent and within the jurisdiction in which that Condition is illegal, invalid or unenforceable, it shall be severed and deleted from the Conditions and the remaining Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

The rights of TBG and the User under these Conditions may be exercised as often as necessary. They are cumulative and not exclusive of either party’s rights under the general law, and may be waived only in writing. Delay in exercising or non-exercise of any right is not a waiver of that right.

Both parties shall comply with all applicable laws in performing their obligations pursuant to these Conditions

Neither party shall be liable for any breach of these Conditions to the extent that such breach arises from any act of God, war, national emergency, act of terrorism, riot, civil commotion, fire, explosion, flood, storm, epidemic, power cuts or fuel shortages.

TBG is aware that some Users may suffer from disabilities which make it difficult to access and use all parts of the Website. Within the constraints of the technology used to construct the Website, TBG has taken reasonable efforts to make the Website accessible to disabled Users. TBG would like to receive feedback from disabled Users to help identify any features which such Users may find difficulty with and to allow TBG to deliver improvements to the service received by such Users. If a disabled User requires advice or would like to give feedback in relation to use of the Website, he/she should contact TBG at: The Blue Goose, 8 Coggeshall Road, Marks Tey, Colchester, Essex, CO6 1LJ ; or info@thebluegoose.co.uk; or 01206 213319.

Governing Law

These Conditions shall be governed by the laws of England. Any disputes arising from these Conditions shall be subject to the non–exclusive jurisdiction of the courts of England.

Non-Acceptance of the Conditions

If these Conditions are not accepted by you / the User in full, you / the User does not have permission to access the Website and therefore should cease using the Website immediately.