Welcome to icedgecko.com By using the Website and ordering from Iced Gecko Ltd you agree to be bound by these Terms and Conditions and any Orders placed by you are bound by these Terms and Conditions. Given this, please be sure to read and make sure you understand the Terms and Conditions prior to placing an Order with us. We would particularly like to draw your attention to the following important clauses: clauses 1 and 2 which relate to the products that we sell online; clauses 3, 6, 7 and 8 which relate to pricing and payment methods; clause 5 which concerns the order process; clauses 10 and 11 which discusses delivery of your Order; clauses 12 to 15 (inclusive) which cover the cancellation, return and refund of an Order; and clause 20 which discusses liability and indemnity. If you do not agree to these Terms and Conditions, please do not use the Website.
The Website is provided solely for your personal use. You may not use the Website for any commercial purpose. We reserve the right, at our sole discretion, to change, modify, add, amend or remove any part of these Terms and Conditions from time to time and it is your responsibility to check these Terms and Conditions from time to time for changes. We may modify or withdraw, temporarily or permanently, the Website (or any part of it) and we shall not be liable to you or any third party for any modification to or withdrawal of the Website. If you do not agree to our right to change the Website or the Terms and Conditions from time to time, please do not use the Website.
Please note that these Terms and Conditions do not affect your statutory rights as a consumer.
All text, graphics, photographs, logos, trademarks, artwork, sounds, user interfaces, visual interfaces and computer code (the "Content") belongs to Iced Gecko Ltd or it's partners and suppliers.This Content includes, but is not limited to, the design, structure, selection, coordination, expression, "look and feel" and arrangement of it. Most of the Content is protected by copyright, trademark and other intellectual property rights and you are not permitted to copy, reproduce, republish, upload, post, publicly display, translate, transmit or distribute this Content in any way without Iced Gecko Ltd's prior written permission.
You agree that any information you submit to the Website including Personal Information shall not be misleading and shall be true and accurate in all respects. If you submit to the Website any communication, idea or materials which may attract copyright or other intellectual property rights you agree that this shall become Iced Gecko Ltd's property and you agree that anything you submit shall not infringe any right of any third party, nor contain anything libellous or otherwise unlawful, abusive or obscene nor constitute an invasion of privacy. As such, you are and shall remain solely responsible for the content of any submissions you make on the Website and we reserve the right to remove any material you have placed on the Website or to deny you access to the Website at any time in our sole discretion. When sending us artwork, images or designs you confirm that you have the legal right to use these for your own use or for the purpose you are submitting them to Iced Gecko Ltd. You take sole responsibility for their usage and are solely responsibility for any legal claims which arise from their usage. Iced Gecko Ltd will take reasonable precautions to ensure you are the legal owner of any submitted items but will not be held responsible should you not adhere to the legal use of any items submitted.
We will take all reasonable care to ensure that all Product Descriptions are correct at the time when the relevant information was first entered onto the Website. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our Products. What you see will depend on your computer equipment, screen or monitor and we are therefore unable to guarantee that a Product's images are an accurate representation of the actual merchandise. if you are unsure in anyway please order a sample first.
The Website features Products that have been carefully selected for sale on the Website. Products are subject to availability so once a Product has sold out it will be taken off the Website at the earliest opportunity and may not be available again. As there is a delay between the time when your Order is placed, and the time when the Order is accepted, the stock position relating to a particular Product may change. If a Product you have ordered becomes out of stock before we accept your Order, then Iced Gecko Ltd shall not be liable to you for being unable to provide that Product. If such a situation arises, then we shall notify you as soon as possible and you will not be charged for the out of stock Product.
Product prices shown on the Website are in British Pounds, and are exclusive of UK value added tax ("VAT") which is charged at plus 20%, and are correct at the time that the Product Description was first entered on to the Website.
Due to the nature of personalising garments and other items, prices may vary from those on the site, which when relating to personalisation are for example purposes only, once we see your final design a final finished price will always be provided prior to commencing the production of your order and this is the price you are bound to pay.
Although we try to ensure all our Products' prices displayed in the Product Description are accurate, errors may sometimes occur. If we discover an error in the price of a Product you have ordered we will be unable to accept your Order and shall contact you as soon as possible in order to give the option of either reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat your Order in respect of the incorrectly priced Product as cancelled.
You agree that you are of age to legally make this purchase and that you have the means of payment to complete your order.
The technical steps to place your Order and create a contract of sale between you and Iced Gecko Ltd are, as follows:
a) You place an Order with Iced Gecko Ltd
b) A proof of your order will be emailed or posted for confirmation of accuracy
c) Your order will be completed as soon as possible
d) Subject to us having accepted your Order, we will then arrange for delivery of it to you at your nominated address or make it available for collection on the date and time nominated by Iced Gecko Ltd
The contract between you and Iced Gecko Ltd will be concluded in English and subject to the laws of England and the jurisdiction of the English courts. The contract will complete and title in the Product(s) of your Order (and so risk of loss or damage to such) will pass to you on the later of:
We shall be entitled to supply Products ordered as part of one Order in instalments and each instalment shall be deemed to constitute a separate contract between you and us. This may mean that Products are dispatched or available for collection separately. We also reserve the right to supply only part of an Order although we endeavour to meet all orders in one shipment.
Non-acceptance of your Order (or parts of your Order) may be due to any one or more of the following non-exhaustive reasons:
a) A Product you ordered is out of stock;
b) We are unable to obtain authorisation for your payment;
c) We have identified an error with a Product Description;
d) You are not eligible to order a Product, as set out in clause 4 above;
e) There is a system, equipment or procurement failure;
f) You fail our customer validation checks; or
g) There are restrictions (legal or otherwise) or practices in relation to a Product which prevent us from being able to sell or deliver it to you.
We only accept all orders on pre payment via either Paypal, Bank Transfers, Cheques or Cash.
All payments must clear prior to orders being dispatched.
All Product prices shown on the Website are exclusive of any applicable UK VAT.
Where you have requested delivery of your Order to an EU country, the total cost of your Order will include UK VAT.
Where you have requested delivery of your Order to a non-EU country please contact us prior to ordering due to VAT and export cost implications.
You will be the importer for the international delivery of your Order (i.e. any Order delivered to a country other than the UK). Therefore, before placing an Order, it is your responsibility to check that the Products you are planning to import comply with state and federal government import regulations, and that there are no local requirements or restrictions which may affect receipt of your Order. If any customs requirements apply or charges are due, you agree to be responsible for these.
From time time promotional discounts may be offered on come items
As you are able to personalise your items, for your own personal and commercial use. We do not take any responsibility for the contents of messages/personalisation communicated by you to a third party. Where you use this facility you agree that your message will not include any material that could be construed as defamatory, abusive, obscene, racist, offensive, harassing, threatening, vulgar or which could cause embarrassment or distress to any person. You agree not to impersonate any person or business, including but not limited to any of our employees or customers.
You (the purchaser) take full responsibility that you legally own or have the owners permission to use any logos, designs or messages submitted to Iced Gecko Ltd for use on any of the items you order. Iced gecko Ltd will not be held responsible for illegal usage of material by purchasers.
You must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your Order is going to, but also the name of its recipient. We cannot be liable for the delivery of your Order to the wrong address or the wrong person as a result of you supplying us with incomplete or inaccurate information.
All parcels will be delivered by our selected courier or ourselves and will require a signature delivery.
Please note that delivery of your Order may take longer during sale or other busy periods, but you will be notified if this is the case.
You may request international delivery of your Order. For the purposes of these Terms and Conditions, we consider "international delivery" to relate to the delivery of your Order to a country outside of the UK. For the full list of countries that we currently deliver to please contact us.
International Delivery Charges
We will notify you of the international delivery charge(s) applicable to your Order prior to accepting your order
International Delivery Lead Times.
Delivery lead times of your Order to an international address will vary according to its destination.
We will make every effort to deliver your Order within the estimated timescales. However delays are occasionally inevitable due to unforeseen factors or events outside our control, for example, material shortages, travel or transportation disruption, import delays or higher than anticipated demand. Iced Gecko Ltd shall not be liable for any delay or failure by us to deliver your Order within the estimated timescales as a result of such delays.
As identified in clauses 4 and 7.4 above, there may be instances where due to restrictions (legal or otherwise) or practices in relation to a Product, we are prevented from being able to deliver it to you. Iced Gecko Ltd shall not be held liable in relation to any Product that we are unable to sell or deliver to you as a result of such restrictions. Please refer to the Product Description of your selected Product(s) to see if any restrictions apply. In the event that a restriction is enforced after you have placed your Order with us, we will do our utmost to notify you as soon as reasonably practicable.
As it is our policy to try to process your Order immediately it may not always be possible to stop an Order from being produced, dispatched, or made available for collection. If you decide to cancel your contract you will be liable for the costs of any work already carried out.
Due to the nature of our industry in that we are personalising your chosen items, I am afraid we are unable to accept returns once an item has been personalised (see point 13.2 below)
Please note that your right to cancel or return a Product does not apply to personalised, perishable or time critical Products. The following list provides a non-exhaustive list of the types of Products you cannot cancel or return:
a) Any products which have been made to measure, altered, or personalised to your specification;
b) Where lingerie and swimwear, are protected by hygiene seals, you are required to take reasonable care by not removing the hygiene seals. Refunds will not be provided if the hygiene seals have been removed, broken or tampered with even if not personalised.
Please note that clauses 13.2 do not apply to faulty or incorrectly supplied Products where your statutory rights are unaffected.
Please contact us in the first instance if you feel your order is faulty
We do not take responsibility for the price of return postage of any orders returned
Items which are damaged due to wear and tear, damaged with intent or nor cared for in line with our washing instructions/care guidelines will not be deemed as faulty and be refunded (please see washing instructions page for further details)
Items produced and completed inline with the approved customer specifications will not be deemed as faulty and not be refunded.
Items which have been personalised cannot be refunded or returned due to the wrong size being ordered, it is the customers sole responsibility to ensure the size is correct prior to ordering, samples should always be ordered if in doubt.
Samples are none refundable but can be returned at the buyers cost to be included in any future orders for personalisation of required.
Refunds on UK and EU Orders
Within fourteen (14) days of us receiving your Order back by post and accepted as faulty, we will refund you the original purchase price and delivery charge for your Order, provided that you return the Product(s) to us in a saleable condition and that we do not deem that the item has been damaged by intent upon inspection.
Refunds will be issued back via the payment method received.
You must not establish any link to the Website to suggest any form of association, approval or endorsement on our part where none exists or establish a link from any website that is not owned by you.
The Website must not be framed on any other site, and you may not create a link to any part of the Website other than the home page.
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Website.
If the fulfilment of an Order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, or you fail any of our fraud detection or anti money laundering detection checks, Iced Gecko Ltd's has the right to stop or cease to fulfil the Order (or part thereof) at any time and shall incur no liability in such circumstances.
You have certain rights as a customer, including legal rights relating to faulty or misdescribed goods. For further information about your legal rights in the United Kingdom, contact your local authority Trading Standards Department or Citizen's Advice Bureau. Nothing in these Terms and Conditions will affect these legal rights and, in particular, we will perform our obligations under these Terms and Conditions with reasonable care and skill.
Any Orders delivered to you will be of satisfactory quality. However, if we deliver an Order that is not of satisfactory quality, you can:
a) contact us to discuss your issue
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for any direct, special, incidental, indirect or consequential damages including loss of profit, loss of opportunity or any losses related to any business including (without limitation) lost data, earnings or business interruption that result from the use of, or the inability to use, the material or Content on the Website, a Product, or the conduct of other Users of the Website, even if Iced Gecko Ltd has been advised of the possibility of such damages.
The Website may also contain links to other websites, which are not operated by Iced Gecko Ltd. When you activate any of these you will leave the Website and we have no control over, and will not accept any responsibility or liability in respect of, the material on any website which is not under our control.
You agree to fully indemnify, defend and hold us and our agents, officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions (including Community Area Rules) by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your Iced Gecko Ltd Account and/or your Personal Information.
We may terminate your use of the Website immediately if we consider that you have breached these Terms and Conditions.
Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
Please contact us if you have any comments or complaints by contacting our Customer Services team (see our contact us page)
We may change these Terms and Conditions at any time. If any clause of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that clause shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remainder of these Terms and Conditions which shall continue to have full force and effect.
We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any clause of these Terms and Conditions.
Iced Gecko Ltd reserves the right to amend, remove or vary the Website, any page of the Website, any Content on the Website, or any service offered on the Website at any time and without notice.
These Terms and Conditions govern our relationship with you and supersede any and all preceding and contemporaneous agreements between you and Iced Gecko Ltd. Any waiver of any provision of the Terms and Conditions will only be effective if in writing and signed by a Director of Iced Gecko Ltd. You confirm that, in agreeing to accept the Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a clause of these Terms and Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory tights are not affected by these Terms and Conditions.
The following definitions shall apply to these Terms & Conditions:
"EU" means the following European Union nation states: Austria, Belgium, Bulgaria, Croatia, Cyprus (excluding the UN buffer zone and the part of Cyprus to the north of the buffer zone where Republic of Cyprus does not exercise effective control but including the UK Sovereign bases of Akrotiri and Dhekelia), Czech Republic, Denmark (excluding the Faroe Islands and Greenland), Estonia, Finland (excluding the Åland Islands), France (excluding Martinique, French Guiana, Guadeloupe, Reunion, St Pierre and Miquelon), Germany (excluding the island of Heligoland, and Büsingen), Greece (excluding Mount Athos (also known as Agion Oros), Hungary, Ireland, Italy (excluding Campione d'Italia, the Italian Waters of Lake Lugano and Lvigno), Latvia, Lithuania, Luxembourg, Malta, Netherlands (excluding the Antilles), Poland, Portugal (including the Azores and Madeira), Romania, Slovakia, Slovenia, Spain (excluding the Canary Islands, Ceuta, and Melilla but including the Balearic Islands), Sweden and the UK (excluding the Channel Islands, Gibraltar but including the Isle of Man).
"Non EU" means any other country not listed in the definition of EU above.
"Order" means an online transaction made by you via the Website for one or more Products, to which these Terms and Conditions apply.
"Personal Information" means the details you provide to us when you use the Website, such as your name, e-mail address, billing address, delivery address, telephone number, Product selections, credit card or other payment information and a password.
"Product" means a product displayed for sale on the Website.
"Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided which shall include, but not be limited to, all details, prices (cost of the Product and delivery charges), photographic representations and descriptions of a Product. It shall also include, where appropriate, specific delivery dates and times, warranties, after-sales service and guarantees about that Product.
"Iced Gecko Account" means your personal customer account set up by you on the Website.
"Terms and Conditions" means these terms and conditions.
"We", "us" or "Iced Gecko" means Iced Gecko Ltd
"Website" means the website located at www.icedgecko.com or .co.uk or any subsequent URL which may replace it.
"UK" means, for the purposes of these Terms and Conditions, England, Wales, Scotland and Northern Ireland.
"Users" means the users of the Website collectively.
"You" means a user of this Website.
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.