Terms and Conditions

336-516-7009

mymail@mailservice.com

These Terms of Use, and any amendments or supplements to it, together with our Privacy Policy (collectively, the "Agreement") apply to your use of the Site(s), content and materials on the Site(s) (collectively, "Content"), any order you place through the Site(s), your use of our products, and our use of your social media content. By using the Site(s), or accessing their Content, you accept and agree to these Terms of Use, which govern your use of the Site(s). Please read these Terms of Use carefully before downloading the mobile application or using the Site(s); or providing us permission to use your social media content, because they affect your legal rights and obligations.

If you do not agree with any of these Terms of Use, please do not use the Site(s), do not download the mobile application, do not order and do not use our products and services. By downloading the mobile application or otherwise using the Site(s) you will be deemed to have irrevocably agreed to these Terms of Use.

By using this website, you accept and agree to be bound by these Terms and Conditions of Sale, the Privacy & Cookie Policy and such other policies we notify you of from time to time, which together constitute the entire agreement between us.

Nothing in these Terms and Conditions affects your statutory rights, either as a consumer or otherwise. These Terms and Conditions of Sale govern the sale of goods by us, Gatsby Autoworx, to you, the customer, by telephone, email, in-person and via our website at www.GatsbyAutoworx.com, or other means to our Customer Services and Concierge teams - and will form the basis of any contract of sale between us.

Please read them carefully before placing your order as you will be deemed to be bound by them and, if necessary, print a copy for future reference.

You may use the Site(s) only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site(s):

In any way that violates any applicable federal, state, local, international law or regulation, or professional rules or standards (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries)
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam", or any other similar solicitation.
To impersonate or attempt to impersonate Gatsby Autoworx, a Gatsby Autoworx employee or representative, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); and/or
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site(s) or which, as determined by us, may harm the Gatsby Autoworx Brand or users of the Site(s), or expose them to liability.

Additionally, you agree not to:

Use the Site(s) in any manner that could disable, overburden, damage, or impair the Site(s) or interfere with any other party's use of the Site(s), or access any equipment or network on which the Site(s) are stored or operated, or any software used in the operation of the Site or any equipment or software operated by any third party
Use any robot, spider, or other automatic device, process, or means to access the Site(s) for any purpose, including monitoring or copying any of the materials on the Site(s)
Use any manual process to monitor or copy any of the materials on the Site(s) or for any other unauthorized purpose without our prior written consent
Use any device, software, or router that interferes with the operation, performance or output of the Site(s)
Introduce any viruses, Trojan horses, worms, logic bombs, or other materials that are malicious or technologically harmful
Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Site(s), the servers on which the Site(s) is stored, or any servers, computers, or databases connected to the Site(s)
Attack the Site(s) via a denial-of-service attack or a distributed denial-of-service attack; and/or
Otherwise attempt to interfere with the operation, performance or output of the Site(s).

We have made every effort to ensure that the goods and services displayed on this website(s) and in any brochures conform to the descriptions and photographs. The colours, specifications, dimensions and descriptions of items are quoted as accurately as possible; but please note that all images are for illustration purposes only.

The colours you see will depend on the resolution of your monitor, or screen, and we cannot therefore guarantee that your monitor's display of any colour will always reflect accurately the colour of the item delivered. We reserve the right from time to time to vary the dimensions, specifications, descriptions and quantities of items displayed on our website(s) without prior notice.

Some of the products available for sale on our website(s) may be age-restricted and you must not purchase those products if you are below the required age.

Information on whether a product is age-restricted and the minimum age requirement is available on the relevant product page. By placing an order for an age-restricted product, you are confirming that both you and the recipient are of the requisite age.

To use the Site(s), you must be 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws. The Site(s) is/are not intended for persons under the age of 18 and no person under the age of 18 may use the Site(s). If you use the Site(s), you are affirming that you are at least 18 years old.

Products are displayed with prices in United States Dollars USD $ (or converted to a local currency where selected) at the time of your order. Prices displayed on the website(s) may be subject to local tax, which will be applied at the current rate where applicable. Prices may be subject to variation without notice. If there is a pricing error on our website(s), we will endeavour to contact you as soon as possible.

You will have the option of reconfirming your order at the revised price or cancelling your order and receiving a refund. If we are unable to reach you, your order for the incorrectly priced item will be cancelled; and we are not obliged to honour such orders.

All payments for goods must be made when the order is placed. We will not reserve or despatch goods before payment is received. We accept payment by Bank Transfer, Visa, MasterCard, American Express, Diners Club, PayPal, Apple Pay, Google Pay, Discover and JCB, but cannot accept cheques or cash as payments for online or telephone orders. Please do not send us payment information using those mediums.

Our website(s) use/s high-level SSL encryption technology. You can therefore rest assured that we take the privacy and security of your payment and personal details very seriously. You can tell whether a page is secure as 'https' will replace the 'http' at the front of the www.GatsbyAutoworx.com in your browser address window. A small, locked padlock will also appear in the address bar of your browser window.

For full information of our delivery services and charges, please consult the Delivery Information page on our website(s). If you order several items for delivery to the same address, they may be despatched separately, and we cannot guarantee delivery on the same day unless specific date delivery is selected.

We make every effort to despatch items on time. If the items are not delivered within the time period that we specify in the Confirmation Email, please contact our Customer Services team quoting the order reference contained in your Order Confirmation Email. All deliveries must be to a named individual. If a delivery at that address is not possible, you may be given options to leave the parcel with a neighbour, at a safe place or for delivery to be re-attempted or collection. If the delivery subsequently still fails, or the delivery is refused by the recipient (e.g. an unwanted gift) then the goods will be returned us and you will be contacted for instructions to where the goods should be delivered.

Refunds will not be available in these circumstances. If we are unable to make contact, the returned items will be sent to your address and you will be liable for additional costs. Any additional delivery charges incurred due to errors by you upon ordering may be passed on to you. Delivery times may vary according to availability and any guarantees or representations made as to delivery times are limited to the conterminous United States (also called the contiguous United States) and subject to any delays resulting from postal delays or force majeure (e.g. weather) for which we will not be responsible.

For full information of our delivery services and charges, please consult the Delivery Information page on our website(s). Please note that if you order a number of items for delivery to the same address, they may be despatched separately and we cannot guarantee delivery on the same day unless specific date delivery is selected.

The products specified on our website(s) are suitable and approved for use for customers within the United States. Customers who choose to purchase items for usage and distribution to locations outside the United States do so at their own risk and should ensure that the products and delivery of them complies with local laws. Due to the potential transit time, it is not possible to order perishable items.

Items for delivery outside the United States may be subject to import duties, taxes and fees. These are levied once the items reach the specified destination.

You are responsible for import duties, taxes and fees incurred on your purchases. For orders placed on our website(s), we make every effort to include the applicable duty and tax, which we will pay on your behalf, however there may be additional local duties and taxes that are out of Gatsby Autoworx’s control that you may need to pay in order to receive the goods. Customs authorities may request personal information when inspecting your parcel; failure to provide this information to Customs will result in the parcel being returned. We therefore recommend that the recipient’s telephone details be included with the order. In this instance we are unable to refund the cost of postage and packaging.

For items you order, you are considered to be the importer of the products and must comply with all laws and regulations of the country to which the items are to be delivered. Please note that cross-border deliveries are subject to opening and inspection by customs authorities. We cannot guarantee that your goods will arrive in the same condition that they were dispatched should they be subject to inspection.

Purchases made online or over the telephone:

You have the right to cancel your order made online or over the telephone within a ‘cooling off’ period of 14 days from the day after you receive the goods. This right applies to all items except:

Perishable goods and other items likely to expire rapidly, this includes gifts and gift boxes containing such items
Underwear and Socks
Sealed items where the seal or cellophane has been broken
Personalised or bespoke items
Items that cannot be returned for hygiene reasons such as razors and brushes

If you wish to cancel your order and return your purchase, please email Customer Services with the order number quoted on the delivery note. You will be given instructions about where to return the goods which must be made without undue delay and in any case within 14 days of notifying us.

Alternatively, the goods can be returned to our Liberty showroom. When the goods have been received and checked, a refund for the goods and the standard delivery charge (premium charges are not refundable) will be issued within 14 days. This means that you may be contacted for details as to how we can make repayment to you. Please note that returning the goods to us is your responsibility and we are not obliged to repay you for any costs that you have incurred in returning the products to us.

Your statutory rights are not affected.

Purchases made in our Showroom:

For goods purchased in our Showroom, you may return those goods within 30 days of purchase along with your receipt. Items must be unused, complete, undamaged and returned in their original packaging. We will exchange the product or refund it by the original method of payment. For card payments, refunds will be made in accordance with your card issuer’s policies.

We are unable to offer an exchange or refund for the following items:

Perishable goods and other items likely to expire rapidly, this includes gifts and gift boxes containing such items
Underwear and socks
Sealed items where the seal or cellophane has been broken
Personalised or bespoke items
Items that cannot be returned for hygiene reasons such as razors and brushes
Products sold with an authentication or valuation certificate, where the certificate is not also returned; and
Antique or vintage accessories

Your statutory rights are not affected.

If you take delivery of a package from us and the goods being delivered to you have been damaged in transit, or are defective, not as described, not of satisfactory quality, not fit for purpose, or are not per a sample, we will at your option either exchange or repair these items without charge to you, or provide you with a full refund, if the fault is notified to us within 30 days of you receiving the product. Beyond 30 days, we will provide you with either an exchange or repair in accordance with the Consumer Rights Act 2015.

We will check the items on their return, and we may request proof of purchase and/or photos of the damage and packaging to enable us to investigate the matter with our courier and packing facility. In such circumstances, please contact Customer Services with the details and you will be provided with instructions. It is your responsibility to ensure that the items are adequately wrapped. The goods can also be returned to our Showroom in person. All goods should be returned with an undamaged proof of purchase.

Save for death or personal injury caused by our negligence Gatsby Autoworx accepts no liability and shall not be responsible for any indirect, consequential, special, economic or exemplary losses or damages, however they may arise, whether foreseeable or otherwise.

Gatsby Autoworx will not be liable to you or any third party for any damages of any kind, including but not limited to, any special, indirect, punitive or consequential damages arising from or in connection with the site(s), including the use of, or the inability to use, the materials in/on the site(s), even if Gatsby Autoworx, or one of its affiliates or an authorised representative of either of them, has been advised of the possibility of such damages. In no event shall Gatsby Autoworx’ total liability to you for all damages, losses and causes of action, whether in contract, tort (including but not limited to, negligence), or otherwise exceed the amount paid to Gatsby Autoworx, if any, for accessing the site(s). Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Please see our “Disclaimers and Warranties” statement for full details.

If you have a complaint about an order, this website, or any other matter relating to Gatsby Autoworx, please contact our Customer Services Department:

Please note that Gatsby Autoworx is not a member of any alternative dispute resolution scheme.

You acknowledge and agree that before initiating any claim against Gatsby Autoworx, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us including, but not limited to, information or representations related to our products and upon which you rely. You agree to negotiate with Gatsby Autoworx in good faith about your problem or dispute.

We reserve the right at any time to make changes to these Terms & Conditions, Privacy & Cookie Policy and such other policies, so please check back and review these Terms of Use from time to time. You will be subject to the policies and terms and conditions in force at the time you use the website(s) or place an order from the website(s), or other means.

We may transfer our rights and obligations under these terms to another organisation. However, you may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. If any of the terms and conditions forming the contract between us are deemed invalid, void or unenforceable for any reason, it will be deemed severable and not affect the validity and enforceability of the remaining terms and conditions.

Gatsby Autoworx owns (or holds the relevant licence to use) the intellectual property rights in our website(s), all imagery, descriptions, content and all products and packaging. You are only allowed to use content found on this website as expressly agreed by Gatsby Autoworx. Any reproduction or redistribution of our intellectual property may result in civil and criminal penalties.

In addition to these intellectual property rights, the content, defined as: graphics, photographs, image rights, sounds, music, audio or text are to the best of our knowledge accurate and complete, however we cannot promise it is error-free. Nor can we promise that the functions within the site(s) i.e. html, content and functional aspects are error-free. This also relates to viruses and other harmful viruses; we always recommend that you should have an up-to-date and complete virus-checking software to protect yourself.

You agree that no joint venture, partnership, employment or agency relationship exists between yourself and Gatsby Autoworx. You will not express yourself as an employee, agent or representative of Gatsby Autoworx and we are not liable for any representation, act or omission on your part.

Content and Intellectual DISCLAIMERS & WARRANTIES
Content on the Site(s) is provided for entertainment and informational purposes only.
The site(s) and content are provided on an “as is” and “as available” basis. Your use of the site(s) is at your own risk. To the full extent permissible by applicable law, Gatsby Autoworx and the site(s) expressly disclaim all representations and warranties, either express or implied as to the site(s) or content, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Gatsby Autoworx does not make any representations or warranties that (A) The site(s) or content will meet your requirements, or expectations; (B) The operation of the site(s) or content will be uninterrupted, timely, secure, accurate or error free, or that any errors will be corrected; (C) Any particular results will be obtained from the use of the site(s); or (D) The site(s) or the servers that make the site(s) available are free of viruses or other harmful components.

If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you; the above exclusions will apply to you on to the extent permitted by applicable law.

The information presented on, or through, the site(s) is made available solely for informational purposes. We do not warrant the accuracy, usefulness or completeness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, or any other visitor to the site(s), or by anyone who may be informed of any of its contents. The site(s) may include (or include links to) content provided by third parties. All statements expressed in these materials and all articles and responses to questions and other content, other than the content provided by Gatsby Autoworx itself, are solely the opinions and the responsibility of the entity, or person(s) providing those materials. These materials do not necessarily reflect the opinion(s) or thoughts of Gatsby Autoworx. We are not responsible or liable to you, or any third party, for the content, or accuracy, of any materials provided by any third parties.

Gatsby Autoworx will not be liable to you or any third party for any damages of any kind, including but not limited to, any special, indirect, punitive or consequential damages arising from or in connection with the site(s), including the use of, or the inability to use, the materials in/on the site(s), even if Gatsby Autoworx, or one of its affiliates or an authorised representative of either of them, has been advised of the possibility of such damages. In no event shall Gatsby Autoworx’ total liability to you for all damages, losses and causes of action, whether in contract, tort (including but not limited to, negligence), or otherwise exceed the amount paid to Gatsby Autoworx, if any, for accessing the site(s). Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

You hereby release and forever discharge Gatsby Autoworx (and our officers, employees, agents, successors and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, (including personal injuries, death and property damage) that has arisen, or arises directly, or indirectly, to the Site(s) (including any interaction with, or act or omission of, other Site Users or any Third-Party links and Ads.). If you are a California Resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her (or their [add.]) favour at the time of executing the release, which if known by him or her (or them [add.]) must have materially affected his or her (or their [add.] settlement with the debtor”.

These Terms & Conditions are governed by and construed in accordance with the laws of the United States of American and are under the non-exclusive jurisdiction of the US courts.

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site(s) and your purchase of the products and services on the Site(s).

Gatsby Autoworx owns and controls the Site(s) (excluding third party linked sites) from its corporate offices within North Carolina, United States of America. Gatsby Autoworx makes no representation that the Content is appropriate or available for use in other locations. Accessing the Site(s) or Content from jurisdictions where such access or the Content is illegal is prohibited. Users are solely responsible for compliance with all the laws of their jurisdictions.

The Federal Arbitration Act, applicable federal law, and the laws of the State of North Carolina, without regard to principles of conflict of laws, will govern these Terms of Use.

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