1. INTERPRETATION
2. APPLICATION OF THESE TERMS
2.1These terms and conditions (the “Conditions“) apply to the sale Products and (where available) Services by us, whether through our Websites or by other means.
2.2 These Conditions together with an order or order confirmation accepted in accordance with clause 3 below (the “Contract“) constitutes the entire agreement between the parties relating to the purchase of Products and/or Services. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on our behalf which is not set out in the Contract.
2.3 Your privacy is also very important to us and these Conditions must be read in conjunction with our Privacy Policy which can be found at www.gozney.com/pages/privacy-policy
3. PLACING AN ORDER
4. APPEARANCE OF PRODUCTS
4.1 The images of the Products on the website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
4.2 Any samples, drawings, descriptive matter, or advertising produced by us and any descriptions or illustrations contained in our catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the Contract or have any contractual force.
5. PRICE AND PAYMENT
6. RISK AND OWNERSHIP
7. CANCELLATION AND RETURNS
7.1.2 In relation to Services, at any time within fourteen (14) days of the date of the Contract.
7.2 You may cancel the contract under Condition 7.1 by using the model cancellation form attached to these terms and conditions (but you or not obligated to do so) or by our customer services department by email to enquiries@gozney.com or by telephone on 01425 204 999.
7.3 We are able to accept returns only directly purchased through Gozney via phone, website or through our Retailers. Proof of purchase from the Retailer will be required and a refund must be obtained directly from the Retailer.
7.4 Under our goodwill guarantee returns policy for consumers in the USA, Canada, Australia, UK and the European Union, we will extend the returns period for Products to 30 days from the date of receipt of the Products provided the Products are in their original, unused condition and returned in their original packaging with a copy of the original delivery note.
7.5 Where you cancel your Contract within the cooling off period we will promptly refund to you any payment you have made and in any event within 30 days of cancellation, provided the Products are returned undamaged and in the original packaging and that the Products have not been specifically tailored to your specifications, or personalised, or the Products by their very nature cannot be returned or are liable to deteriorate.
7.6 We will also refund to you the cost of returning Products to us provided:
7.6.1 the address from which the Products are being returned is in the United Kingdom; and
you return the Products within the fourteen day period referred to in clause
7.6.2.In all other cases, you shall be responsible for the cost of returning the item to us.
8. DELIVERY
8.1.1 Changes to the shipping address must happen within 24 hours so that we can ensure our third party warehouses have time to make the change, otherwise this change could incur a surcharge. Whilst every effort will be made to accommodate the address change request, we cannot guarantee that we will be able to make this change before the Product(s) ship. As a result, address change fees may apply.
8.2 For international deliveries, we may agree a shipment term with you in your order confirmation which will be construed in accordance with Incoterms, 2010.
8.3 If you fail to take delivery of the Products:
8.3.1 delivery will be deemed to have taken place on the date for delivery;
8.3.2 risk in the Products will pass to you; or
8.3.4 we may (without prejudice to any of our other rights) dispose of the Products.
8.4 A recipient is required to be present at the address to sign and confirm receipt of goods in satisfactory condition.
8.5. Failure to provide us with the correct delivery address may result in a re-direction charge of full price.
8.6 The time it takes for us to ship the Products depends on stock levels and will be specified to you at the time you place your order, or failing that, by email following our receipt of your order.
8.7 The time it takes to deliver the Products once they have been shipped depends on the delivery service we use, which depends on the type of Product and your location. Delivery timings will be shown on product page at time of purchase.
Please note that this may differ due to high demand - view the product page for most up to date information. Please note that for islands within the UK and the Scottish Highlands, delivery may take a little longer than advertised on the Product page.
8.8 Gozney Stone and Gozney Master - Two types of delivery will be offered on the Website: Pallet delivery - you request delivery date and this is confirmed with the courier (you have to be in and sign for the delivery); or
Premium pallet delivery service - you will be given a delivery date depending on your delivery postal code. Requires details of access. AM and PM and Saturday deliveries can be requested at an additional cost. Please call us to arrange the premium delivery service.
Gozney Elite - Pallet delivery - AM and PM and Saturday deliveries can be requested. Please call us to arrange this.
8.9 Since we use a third party delivery service, late delivery of Products is out of our control and will not be eligible for a refund on the ground of late delivery after they have left our warehouse.
9. PREPARING TO ACCEPT PALLET DELIVERIES
9.1 If you are purchasing Dome, Gozney Stone Master/Core or Elite in the UK, the following terms apply:
9.1.1 You must notify us in advance of any delivery difficulties, which may be expected. This includes narrow road access or helpful hints and tips of how to find you. Failure to do so may result in an additional delivery charge liable to the customer. Please Note: Delivery vehicles can be very large and adequate space and access is required.
9.1.2 Delivery vehicles for ovens range from 7.5 tonne lorry upwards. If you require a small, 7.5 tonne lorry for delivery, you must submit a small vehicle request by contacting enquiries@gozney.com after placing your order. We cannot guarantee delivery vehicle sizes as they are provided by third parties outside of our control.
9.1.3 Once the oven/ accessories have been loaded onto the truck, we do not control the delivery of the Products. Product dispatch is via standard national courier services. We cannot guarantee delivery times as they are provided by third parties outside of our control.
9.2 We ask all of our consumer customers NOT to book any installer or other related trade persons until the Products have arrived safely with you and have been checked as correct and in good condition. We also ask that you do NOT plan any social events (involving the Product(s)) until the Product(s) have arrived safely and checked as correct in good condition.
9.3 Palletways Delivery is a KERBSIDE delivery, meaning the driver will remove the pallet off the vehicle with a tail lift and move the pallet by pallet truck only on hard standing, level ground. It is NOT the driver’s responsibility to move or assemble your oven beyond the kerb as they are not insured to do so.
9.4 Bishopsgate Premium Delivery is a specialised delivery service, meaning the driver will remove the pallet off of the vehicle and move it to the assembly location at the Delivery address. Customers can opt to have all items unpacked and packaging removed from the Delivery address if requested at the time of Delivery.
9.5 If, for any reason, the delivery cannot be completed due to absence of recipient at address, unsuitable delivery conditions or otherwise, the goods will be returned to depot and a re-delivery charge may apply at full price.
9.6 To track/follow up your delivery, refer to your tracking email sent on the morning of delivery for or contact us for delivery details including consignment numbers and courier contact details.
10. GUARANTEE AGAINTS DAMAGE IN TRANSIT
10.1 Gozney Stone, Gozney Master and Gozney Elite Products are subject to an insurance backed guarantee against damage in transit as long you comply with the remainder of this Condition 9.
10.2 Upon arrival, if there is any present or visible damage to the Products, refuse receipt by refusing signature and return with driver with reason of refusal along with the co-signature of delivery driver. DO NOT sign if damaged and DO NOT accept goods as ‘damaged in transit’.. Contact us on 01425 204999 within the same day, to report damages and ensure fast replacement of your Products. Alternatively, you can sign ‘UNCHECKED’ If you are unable to check the goods at the time of delivery. The Guarantee under this Condition 9 will be void if:
10.2.1 You do not report the damage in transit to us within 3 days of product delivery; or
10.2.2 You accept Products that have clearly and visibly been damaged in transit without returning them to the driver. Your transit guarantee against Product damage is terminated once the goods have been signed for. Products marked unchecked will be believed to be received in good order.
10.3 If you are a consumer, the guarantee in this clause does not affect your statutory rights.
10.4 For Roccbox Products, if there is any present or visible damage to the Products, contact us on 01425 204999 or email us at enquiries@gozney.com within the same day, to report damages and ensure fast replacement of your products.
11 WARRANTIES
11.1 We warrant that the Products will be free from defects in materials and workmanship for the periods specified in our manufacturer’s warranty. For more information on our manufacturers warranty and how to make a claim, please see the warranty information page here.
11.2 If you are purchasing our Products in the course of a trade or business, the warranties offered in our manufacturer’s warranty apply to the exclusion of any other warranty, condition or other term implied by law, whether by statute, common law, custom and usage or otherwise.
11.3 If you are purchasing our Products as a consumer, the warranties offered by this clause 11 and our manufacturer’s warranty shall not affect your statutory rights as a consumer.
12 LIMIT ON LIABILITY
12.1 If you are a consumer:
12.1.1 We will be responsible for any losses you suffer as a result of us breaching these Conditions if the losses were reasonably foreseeable to both you and us at the time the Contract for the relevant Products is made.
12.1.2 Save as stated in Conditions 13.3 and 13.4
12.1.2.1 We will not be liable for any indirect or consequential loss that is not reasonably foreseeable to both you and us when the Contract was made.
12.1.2.2 Our liability to you and your liability to us for breach of these Conditions will not exceed an amount equal to five times the price paid or payable by you for the Products ordered.
12.2If you purchase from us for business purposes, then
12.2.1 Subject to clause, we will not be liable to you, whether in tort (including negligence), for breach of contract, breach of statutory duty or otherwise for:
12.2.1.1 any indirect or consequential loss; or for
12.2.1.2 any business loss (including loss of profits, contracts, income or revenue), anticipated savings, data, goodwill or wasted expenditure, whether direct or indirect.
12.2.2 Subject to clause 13.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products or the Services to which the claim relates.
12.2.3 If any items are missing from your order, or there are any other irregularities such as faulty or incorrect items, you must notify us as soon as possible in writing, and by no later than within 7 days of Product delivery in order for us to rectify the problem. Failure to notify us within this time frame may result in the inability to rectify this problem.
12.3 Whether you are a business or a consumer, nothing in these Conditions shall exclude or limit either party's liability to the other for
12.3.1 death or personal injury caused by negligence
12.3.2 fraud
12.3.3 breach of the terms implied by the section 12 of the Sale of Goods Act 1979;
12.3.4 defective products under the Consumer Protection Act 1987; or for
12.3.5 any other liability that cannot be lawfully excluded or restricted.
12.4 Nothing in these Conditions affects your statutory rights as a consumer.
13 EVENTS OUTSIDE OUR CONTROL
13.1 We may cancel the Contract if an event outside our reasonable control makes it difficult to provide the Products in accordance with the Contract, and we shall not be in breach of these Conditions if we do cancel due to such an event. As soon as we become aware of the need to cancel the Contract we will contact you by email setting out our reasons for cancellation. You will receive a full refund of the price paid by you.
14 DATA PROTECTION
14.1 Any information that you provide to us pursuant to the Contract shall be processed in accordance with our Privacy Policy and applicable data protection legislation.
14.2 We also use cookies on our Website. For more information, please see our Cookies Policy.
15 Mobile Terms of Service
15.1 In addition, you agree to our Messaging Terms (https://gozney.myklpages.com/p/mobile-terms-of-service)
16 PROMOTIONAL OFFERS
16.1 From time to time we may offer promotional offers in respect of certain Products on our Website. These promotional offers will be subject to availability of the relevant Products and are not an indication of availability
16.2 All promotional offers offered by us shall be subject to these Conditions together with any applicable additional terms and conditions, rules and instructions. Where there is a conflict between these Conditions and any additional terms and conditions, rules and instructions these Conditions shall apply.
17 GENERAL
17.2 An entity which is not expressly a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract or these Conditions.
17.3 If any of the numbered terms in these Conditions is found to be void or unenforceable, such invalidity or unenforceability shall not affect the remainder of these Conditions.
17.4 We reserve the right to make changes to these Conditions at any time. Your Contract will be governed by the version of these Conditions in force at the time that you placed your Order.
17.5 These Conditions and the Contract shall be governed by and construed in accordance with the laws of England in the English language, and any court proceedings must take place in the English courts.
updated as of February 27, 2023
APPENDIX - MODEL CANCELLATION FORM
This form is only applicable to consumers and not to business customers.
Complete and return this form only if you entered into your contract with us away from our site, or by phone, email or other remote means of communication and you wish to withdraw from the contract.
The cancellation period will expire after 14 days from the day of the conclusion of the contract (save where our goodwill guarantee applies).
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use this attached model cancellation form, but it is not obligatory.
To Gozney Group Limited:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the purchase of your products with the following details:
Name of customer(s):
Address of customer(s):
Date of my order:
Brief description of product ordered:
Order Reference Number (if applicable):
Signature of consumer(s) (only if this form is notified on paper):
Date: