Terms of Use
In these PRODUCT terms and conditions ("Conditions") the following words and expressions shall have the following meanings:-
the Customer, you, your: means you, the customer, who buys the Products from Gyros-Gyros;
Gyros-Gyros, Our and We: means Gyros-Gyros (UK) Limited (or in the case of franchisee stores, a franchisee of Gyros-Gyros (UK) Limited);
the Products: means the products supplied by Gyros-Gyros to the Customer; and
the Web Site: means the web site www.gyros-gyros.com
1 Order and Acceptance
1.1 These Conditions shall apply to all orders and contracts for the supply of the Products by Gyros-Gyros to the Customer. All orders for the Products shall be deemed to be an offer by the Customer to purchase the Products in accordance with these Conditions. Any variations to these Conditions must be in writing, otherwise they will not be binding on either party.
1.2 The acceptance of orders for the Products shall be at the entire discretion of Gyros-Gyros. Our acceptance of an order occurs when you receive an on-screen message confirming your order has been placed at which point, your contract with Gyros-Gyros is made and up until this point, We may decline to provide You with the goods without giving any reason.
1.3 You may not place any orders on Our Web Site if you are under 12 years of age.
2 Prices and Payment
2.1 Unless otherwise stated in writing the prices quoted by Gyros-Gyros on the Web Site are inclusive of VAT and any other applicable taxes.
2.2 The price of the Products will be as quoted on the Site at the time you confirm your order (by clicking the checkout button) subject only to any inadvertent technical mistake which We shall not be liable for. The price for your order shall be deducted from your account at the time your order is placed. We reserve our right to terminate this agreement with you if We are refused authority for payment or reasonably believe that payment will be refused at any stage.
2.3 You can pay by any of the methods listed in our checkout screen. Please make sure that if your order is placed using a credit or debit card, such card is valid on the date of despatch of your order.
3 Changes to your Order
If you wish to cancel, amend or complain about your order, please telephone Gyros-Gyros, details of which will be included in the confirmatory e-mail sent to you upon placing your order. If you amend your order, the price charged will be the price for the amended order. Please note that as promotions are only available for limited periods, any changes to your order may mean the promotions are no longer available.
4 Delivery
4.1 We will aim to provide you with your ordered Products as close as possible to your requested delivery/collection time.
4.2 The Customer agrees to accept delivery of the Products at the agreed time and place of delivery.
4.3 We can only fulfil an order for large quantities at the discretion of Gyros-Gyros from which you are ordering.
4.4 If you have chosen for the Products to be delivered, Gyros-Gyros will deliver the order to the main entrance of the delivery address but any deliveries carried into the delivery address will only be made if the driver and you consent to this. If you are not present to take delivery of the goods at the address given in your order, then We will not refund you the price for your order and will charge you for the full amount of your order.
4.5 Products are subject to availability. If your products are not available, We may offer you a reasonable substitute of equivalent quality and price or We may call you to tell you that your ordered products are not available and to ask you if you would like to order something else. This may affect the price you pay.
5 Transfer of Property
5.1 Risk in the Products shall pass to the Customer on delivery.
5.2 The Customer acknowledges that all intellectual property rights in the Products do and shall continue to belong to Gyros-Gyros and the Customer agrees that it will not infringe any of Gyros-Gyros's intellectual property rights.
6 Oral Statements
The Customer agrees that, in the event of any conflict, written information about the Products supplied by Gyros-Gyros shall prevail over any oral statements made by Gyros-Gyros or by Gyros-Gyros's employees or agents (although Gyros-Gyros shall be responsible for any fraudulent misstatements). Gyros-Gyros shall use all reasonable efforts to ensure that its written information about the Products is accurate.
7 Promotions
From time to time, our products may be subject to special offers. Any special offers shall be subject to these Terms and Conditions which will prevail if there is inconsistency between the terms of the special offer and these Terms. We may change the terms of special offers or withdraw them at our discretion but We will honor any order placed by you before the offer is withdrawn subject always to manifest technical errors.
All deals on this site are valid until 18/01/09 and are not valid in conjunction with other offers, unless otherwise stated.
8 Limitation of Liability
8.1 To the fullest extent permitted by law, Gyros-Gyros excludes all liability arising out of its supply of the Products and in particular shall not be responsible for any loss or damage, arising directly or indirectly out of or in connection with delay beyond the estimated time or date of delivery; any circumstances over which Gyros-Gyros had no control of the consequences and which Gyros-Gyros could not avoid by the exercise of reasonable care, or any indirect or unforeseeable loss suffered or incurred by the Customer or others.
8.2 In any event, Gyros-Gyros's liability to the Customer will not exceed the total price charged for the relevant items.
NOTHING IN THESE CONDITIONS SHALL AFFECT THE STATUTORY RIGHTS OF THE CUSTOMER.
9 Franchisees
Depending on your local Gyros-Gyros, your contract may be with an outlet owned by Gyros-Gyros (UK) Limited or with an outlet owned by its franchisee. Details of Gyros-Gyros which fulfils your order (and with whom your contract is made) will be included in the confirmatory e-mail sent to you upon placing your order. Please note that Gyros-Gyros (UK) Limited facilitates payment to its franchisees for all credit or debit card orders placed through the Web Site so that it collects such payments and remits them to the franchisee where appropriate.
10 Law
Any contract to which these Conditions apply (and these Conditions) shall be governed by and construed in accordance with the laws of England and Gyros Gyros and the Customer submit to the non-exclusive jurisdiction of the Courts of England.
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