Terms of Service

All contracts are with Munstead Limited, (hereinafter “Gertrude Jekyll Designs”) a UK limited liability company having its registered office at 71-75 Shelton Street, London WC2H 9JQ. Registered at Companies House, the Company Number is 06520454.

The website is operated by Gertrude Jekyll Designs. Throughout the site, the terms, “we”, “us” and “our” refer to Gertrude Jekyll Designs. Gertrude Jekyll Designs offers this website, including all information, tools and services available from this site to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all uses of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new feature or tools which are added to the current store shall be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Please feel free to email at contact@gertrudejekylldesigns.com if you have any queries and we will be pleased to help you.

Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, or that you are the age of majority in your state or providence of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purposes nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Terms and Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your consent (not including credit card information), may be transferred unencrypted and involved (a) transmissions over various networks; and (b) by changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

We do all that we can to ensure that all information on our website, such as dimensions and specifications, is correct. Sometimes it is possible that there may be errors. Gertrude Jekyll Designs will correct all such errors as soon as it can after it becomes aware of them, but it is not liable for any loss or damage caused by them.

While every effort has been made to portray our products accurately, slight variations may occur, and the reproduction is as accurate as photographic and publishing processes will allow. Please note there may be variations dependant on the calibration and settings of individual screens.

However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Any dimensions and capacities given about the goods are approximate only.

The site might contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modifications, price change, suspension or discontinuance of the Service.

Products or Services (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store.  We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without any notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any product, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel qualities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Delivery and Returns Policy.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third Party Links

Concern content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third-parties.

We are not liable for any harm or damages relating to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transactions. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restrictions, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under obligations (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligations to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origins of any comments. You are solely responsible for any comments and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To review our Privacy Policy. [ADD LINK HERE]

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that my relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligations to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specific update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 Copyright & Trademark

The contents of these pages (including pictures, designs, logos, photographs, text and other materials) are the copyright trademark or registered trademark of Gertrude Jekyll Designs or its content and technology providers or their respective owners. ALL RIGHTS RESERVED. The copying, modification, distribution, reproduction, repost or incorporation into any other work of part or all of the material available on this website in any form is prohibited save that you may: copy, print or download extracts of the material on this website for the sole purpose of using this website or placing an order with Gertrude Jekyll Designs.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its contents (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer of Warrants; Limitations of Liability

We do not guarantee, represent or warrant that your use of our services will be uninterrupted, timely, secure or error free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service all products delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Gertrude Jekyll Designs, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arriving from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Gertrude Jekyll Designs and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of  your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Terms of Use, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Terms of Use (or any part thereof).

Entire Agreement 

The failure of us to exercise or enforce any right or provision on these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed and construed in accordance with the laws of United Kingdom.

Changes to These Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued used of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information

Questions about the Terms of Service should be sent to us at contact@gertrudejekylldesigns.com.

 

Cookies 

Gertrude Jekyll Designs uses cookies to improve your user experience by “remembering” you. This is done to help you to move around the website easily and ensure you have access to the features and information available that you need. Cookies are also used by us to provide information about how the website is being used.

What is a Cookie?

A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognise your browser. Cookies may store user preferences and other information and record information about the items you have put into your shopping basket and provide us with information about how our website is used so we can continue to improve our site. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, our website may not function correctly or allow you to place an order if you choose to disable cookies. By using our website, you agree to us placing these sorts of cookies on your computer and other devices and accessing them when you visit the site in the future.

Can I Block Cookies?

Most modern browsers allow you to block cookies. Please refer to your browser settings to configure your cookie preferences. If you want to delete any cookies that are already on your computer, the “help” section in your browser should provide instructions on how to locate the file or directory that stores cookies. To find out more, including how to control or opt out of cookies please visit www.aboutcookies.org

How We Use Cookies

For Technical purposes: Essential to the effective operation of our website, particularly in relation to online transactions and site navigation.
Display Settings: There are a few pages on our website where we use cookies to save your viewing preferences. Some examples of this may be if we offer a "Grid" or a "List" view of products on the page.
To Monitor Information: Gertrude Jekyll Designs collects information about your browsing and shopping patterns to monitor the success of campaigns, competitions etc.

How Are Cookies Managed?

The cookies stored on your computer or other devices when you access our website are designed by Gertrude Jekyll Designs, or on behalf of Gertrude Jekyll Designs, and are necessary to enable you to a make purchases on our website.

Third Party Cookies

We use the third-party service providers listed below to serve ads or communicate on our behalf across the internet and sometimes on this site. They may collect anonymous information about your visits to our website, and your interaction with our products and services. They may also use information about your visits to this and other websites to target advertisements for goods and services. This anonymous information is collected through the use of cookie orientated data collection, which is industry standard technology used by most major websites. No personally identifiable information is collected or used in this process. They do not know the name, phone number, address, email address, or any personally identifying information about the user. If you would like more information about this practice and to know your choices about not having this anonymous information used by these third-party service providers, please visit the third party service provider’s websites.

Google Analytics: Google Analytics is a reporting tool for websites which allows us to view anonymous information about how our website is used, and how visitors get to our website. Google Analytics uses cookies to define user sessions, as well as to provide a number of key features in the Google Analytics reports. Google Analytics cookies do not collect personal data about our visitors. More technical information about Google Analytics cookie usage can be found here. Google's privacy policy is available here.

Google Adwords: The conversion tracking feature of AdWords uses cookies to help us track sales and other conversions from our ads. It adds a cookie to your computer when you click on our advertisements. It also provides us with a number of key features in the Google Adwords reports. More technical information about Google Adwords cookie usage can be found here

Shopify: Gertrude Jekyll Designs uses Shopify as its commercial platform. Shopify is dedicated to optimising user experience and we may use tools to help us improve our website and our commerce platform. To this end, we use reporting and analytical cookies to collect information about how you use our website or our merchants’ storefronts, and how often. Shopify’s cookie policy can be viewed here.