Terms Of Service
Our website, found under the URL www.gotchabrand.com, operated by NewDayFury is registered in the UK with Company number 12790619. All references to “we”, “us” and “our” shall be deemed to be references to GOTCHA and references to “you” and “your” shall be deemed to be references to persons placing an order via this website. The following terms and conditions apply to all users of the GOTCHA website. By placing an order with us you agree to have read, understood and accepted to these terms and conditions. Please note, as these may be subject to change at any time without notice, it is your responsibility to check this page prior to any use or purchase. If you have any queries regarding our terms and conditions, please contact us before use or order placement.
OFFERS & DISCOUNTS
"• Discounts are valid when shopping online AND by phone. Cannot be used in conjunction with any other offer and cannot be applied retrospectively;
• Discounts are not valid for the purchase of Gift Cards:
- can be mixed and matched across men's and women's categories;
- cheapest item will be deducted from the basket;
- cannot be used in conjunction with any other offer."
"• When placing an order, you agree that all details you provide to www.eugotcha.com for the purpose of purchasing goods are accurate and complete in all respects.
• Your contract for purchases made through www.gotchabrand.com is with GOTCHA and you confirm that all goods ordered by you are for your own private and domestic use only and are not for resale.
• All orders are subject to product availability and acceptance by GOTCHA.
• The price and availability of goods are subject to change without notice.
• Promotional offers, vouchers and codes may not be used on sale products, or in conjunction with any other offer unless otherwise stated.
All offers are subject to availability and may be withdrawn at any time without notice. Any offer of free delivery is limited to a standard delivery service, to the UK mainland only.
• By placing an order via this website, you are making an offer to GOTCHA to purchase the goods detailed in your order upon the terms described, at which point your payment will be pre-authorized.
• You certify that the payment method you are using is your own and that there are sufficient funds in your account to cover payment of the product/s ordered.
• No charge will be applied to credit/debit cards or PayPal accounts until the point of despatch, therefore no contract for the sale of any product will exist between you and GOTCHA until we accept your order by despatching your order.
• Where a Gift Card has been used as payment, the balance will be debited at the point of order placement.
• If any product from your order is unavailable, we will contact you by email, then attempt to fulfill your order from store and confirm details of any cancellation made where fulfillment has not been possible.
• It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will have their details passed onto the Police.
• You must be at least 18 years of age to purchase Alcohol products from this website. By purchasing you represent and warrant that you are at least 18 years of age. Proof of age will be required at the point of delivery.
Gotcha reserve the right to terminate our agreement with you and to suspend or terminate your access to the site immediately and without notice to you if:
• You fail to make payment to us when due.
• You breach any of our terms and conditions.
• If requested by us to do so, you fail to provide within a reasonable time frame, sufficient information to enable us to determine the accuracy and validity of any information supplied by you or your identity.
• We suspect you have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity on www.gotchabrand.com"
CONFORMITY OF GOODS
"Every care is taken to ensure that the description, specification and pricing of all products shown on our website and in our catalogues is correct.
The product information and specification provided is not binding, but is carefully considered and intended to give a general description of each product.
While the colour reproduction of each product is a close representation, we cannot accept any responsibility for any variation in colour caused by the differences in browser software.
GOTCHA will act immediately to correct any error identified and are under no legal obligation to honour a price displayed in error."
"When using Gotcha’s social media handles and hashtags, please keep in mind that this information is shared publicly.
Therefore, don’t give out any information you wouldn’t be comfortable with a stranger knowing – this includes your address, phone number, date of birth, email address, bank and credit card details, and place of work.
If you tag us on our social media channels, we regularly reach out to request additional rights to reproduce our favorite images in our social feed, email, website and more. Whenever possible, we also include your social media handle or caption."
If you have any queries about the personal information we are holding in your name, please contact our Customer Service team, who will be more than happy to review your account and update our records as required.
SAFE & SECURITY
"Our website uses the latest secure server technology to ensure your information is protected to the highest standard, whenever you place an order or access your account information.
Once an order has been placed, we don’t store the details of your payment card, with the exception of the last four digits and a unique token reference provided by your card issuer.
This eliminates the need for merchants, e-commerce sites and operators of mobile wallets to store sensitive payment card data on their networks and reduces the risk of fraud."
"We reserve the right to change information, prices, specifications and descriptions of listed goods, products and services. We may modify these Conditions at any time by posting the Conditions on our website.
GOTCHA does not seek to exclude or limit liability for death or personal injury arising from its negligence or that of its members, agents, directors or employees or for any fraudulent misrepresentation.
To the fullest extent permitted by law and save as provided above, neither GOTCHA nor any associated company shall be liable to you by reason of any representation, or any implied warranty, condition or other term,
or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of GOTCHA or any of its members, agents, directors, employees or otherwise) for any indirect special or consequential loss or damage
(including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the products or their use or resale by you.
The limitations of liability in these conditions shall apply equally for the benefit of GOTCHA and any other associated company of GOTCHA as if references to GOTCHA included references to each such associated company.
While GOTCHA uses reasonable endeavors to ensure that the information on this website is accurate and up to date, it does not give any warranty as to its accuracy or completeness
and GOTCHA will not be responsible for any errors or omissions or for the results arising from the use of such information.
While GOTCHA takes all reasonable steps to ensure fast and reliable service, it does not guarantee that your use of this website will be interruption or error-free and will not be responsible for any disruption,
loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
Further, GOTCHA will not be responsible nor liable for your use of any other websites which you may access via links within this website. GOTCHA does not control these websites and is not responsible for their content.
Any such links are provided merely as a service to users of this website and their inclusion in this website does not constitute an endorsement by or affiliation with Gotcha.
The entire liability of GOTCHA under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.
GOTCHA will not be liable to you or be deemed to be in breach of these terms and conditions or any other contract with you by reason of any delay in performing,
or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.
GOTCHA may assign or transfer any of its rights or subcontract any of its obligations under these terms and conditions to any third party.
You may not assign or transfer any of your rights or subcontract any of your obligations under these terms and conditions except with the specific permission in writing of GOTCHA.
No person who is not a party to these terms and conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded."
All rights, including copyright, in the content of the www.eu.gotcha.com web pages are owned or controlled by GOTCHA In accessing www.eu.gotcha.com web pages, you agree that you may only download the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the www.eu.gotcha.com web pages for any other purpose whatsoever without the prior written permission of GOTCHA.
THIRD PARTY INFORMATION
We cannot be held responsible for material displayed on third-party websites or any other written material. The only prices that apply for GOTCHA products are those stated on the GOTCHA material.
"These Terms and Conditions and your use of our website are governed by English law and you agree to submit to the non-exclusive jurisdiction of the English court. This does not affect your non-excludable statutory rights.
This website and our Terms and Conditions have been designed for use within the United Kingdom and under UK law. Whilst we are happy to consider requests for products and enquiries from outside the United Kingdom, we give no warranty, express or implied, that the use of this website or the placing of any order through this website from outside the UK complies with any applicable non-UK laws or regulations. Accordingly, any products or promotions not permitted under your local law are not offered to you."