General

1. When you use Generous Ape’s website and services, and when you make any orders from us, these Terms of Use and Service are legally binding on us and you.

Our website (“site”), and the related services and products that The Generous APE Limited (“Generous Ape”, “we”, “us”, or “our”) supplies to you, are made available to you subject at all times to these terms of use and service (“TOUs”), and any other policies and terms and conditions posted on our site. 

Please read these TOUs carefully before using the site or placing any orders. You agree that by accessing our site and/or by placing any order with us, that you have read, understood, and agree to be legally bound by all of these TOUs. If you do not agree with all of these TOUs, then you are expressly prohibited from using the site or placing any orders with us, and you must discontinue to do so immediately.  We recommend you keep a copy of these TOUs for future reference.  

We reserve the right, in our sole discretion, to make changes or modifications to these TOUs at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date on these TOUs.  You waive any right to receive specific notice of each such change, but we do recommend that you check back often.  If you do not agree to any change to the TOUs then you must immediately stop using the site and making any orders.  Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

Orders, Payments & Returns

2. We hope you will order the great products that we are offering on our site! Products and orders are subject to acceptance and availability, and are for personal or gift use only.

We offer products for sale that are in stock and available for dispatch from our suppliers.  The products that we make available will change from time to time, with or without notice.  Our website is designed to report to you whether the products you want are in stock and available for purchase, and the applicable price (including VAT), shipping and other costs, at the time you undertake to make an order.

Acceptance of your order and completion of the contract between you and Generous Ape will be complete when we email you to confirm the goods have been dispatched.  We reserve the right not to accept an order, for example in the event that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our standards and is withdrawn, or otherwise in our sole discretion.  We will not be liable to you or any third party by reason of our withdrawing any products for sale, refusing to process an order, or unwinding or suspending any transaction after processing has begun.

Products that you purchase are for personal or gift use and should not be re-sold, or used for commercial purposes or any other commercial benefit.  We therefore reserve the right to restrict multiple quantities of an item being ordered and shipped to any one customer or postal address.

3. You must pay for your orders in full, including the total purchase price, VAT, shipping, and other relevant charges, before we can ship them.

We accept the credit and debit cards shown on our site when you establish your account or pay for your orders, and any other payment methods that may be shown on our site from time to time. All credit/debit card payments are subject to validation checks and authorization by the card issuer.  If the issuer of your payment card refuses to authorise payment to us, we cannot fulfil your order and will not be liable for any delay or non-delivery.  Any import taxes, duties, or other customs charges for delivery of your orders to you outside the UK will be your responsibility; you will pay these directly, or if these are charged to us or our supplier or shipper, we will charge these to your payment card. 

4. You will need to register for an account with us, or otherwise provide correct payment and personal details, in order to make any orders from us or use some features of our site.

When you register with us or place any order you must only provide personal and financial information about yourself, and provide information that is true, accurate, current, and complete in all respects.  In particular, you must provide your real name, phone number, e-mail address, and other requested information as indicated. You will only provide payment details that you represent and warrant are both valid and correct, and you confirm that you are the person referred to in the billing information provided.  Should any of this information change, you should notify us immediately at the contact email address below.

Only individuals and others who have been issued and use a valid credit/debit card by a bank acceptable to us, who have authorised us to process a charge or charges on their credit/debit card in the amount of the total purchase price (including VAT, shipping and other relevant charges) for the products that they purchase, and whose applications and orders are otherwise acceptable to us, may make orders from us. 

5. Your payment and personal details may be used to check credit, authorise payment, do anti-fraud checks, and fulfil and manage your orders and account, and for other purposes described in our Privacy Policy.

By making an offer to purchase products from us you expressly authorise us to collect, use, and store such information, to perform credit checks and where we believe necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation, to authorise individual purchase transactions, to process your orders, to arrange shipping, and to manage your orders and account.

You also expressly authorise us to use your personal and payment information in order to conduct any appropriate anti-fraud checks. Personal and payment Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. 

6. We will ship your orders to you as soon as reasonably possible following your order and payment, and authorisation of your order.

We aim to dispatch all orders within 3-5 days; some brands and items (for example, custom-made products) may take longer, and this will be indicated on our website.  Delivery times are estimates and are to be used as a guide only and commence from the date of dispatch.  We are not responsible for any delays caused by customs clearance processes or other circumstances beyond our control.  You will own the goods on and from the later of the point in time when: (a) we receive payment in full, or (b) we deliver the goods to you. 

We use the professional delivery service DHL, which will provide a number by which you can track your order in transit until it is delivered to your specified delivery address. We require a signature for goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example if you have ordered a gift), then you accept that evidence of a signature by that recipient (or at that delivery address) is evidence of delivery and fulfilment by Generous Ape, and transfer of further responsibility to you. The goods are your responsibility from the time we deliver them to the address you gave us.

DHL can deliver to certain destinations without collecting a signature. If you have chosen this option for your order, you confirm that DHL can leave your package(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery, and you take full responsibility for any loss or damage that may occur. On occasion, DHL may refuse to deliver your order if they are of the opinion that the shipping address is considered to be unsafe.

Please be aware that in some instances we may not be able to deliver ordered products due to problems in the supplier’s stock, stock information, quality check issues, or other reasons identified after we receive your order.  In such circumstances we will notify you by email and refund your payment to your credit/debit card within thirty days of being advised that the product has become unavailable.

If delivery is delayed by any event outside of our control, this may appear on DHL’s tracking information, or we will contact you as soon as possible to let you know.  We will take any reasonable steps we can to minimise the effect of the delay.  We will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.

7. We will accept returns and exchanges, generally within 28 days after shipment, under the following terms.

You may return or exchange products that you have ordered from us, so long as you send your unwanted items back to us within 28 days and the items are in unused condition with all original tags, labels, and product packaging. (Some products, for example cosmetics, may need to be unopened in order to qualify for returns or exchanges.)  Returns that do not meet our policy will be sent back to you, or the refund price adjusted to reflect the diminished value of the goods. 

In order to return or exchange products, you must log into your order or account on our website, request a return, package the item(s) securely for return, and send the item(s) at your expense to the appropriate return address, within 28 days of placing your order. 

Upon our receipt of returned goods and our confirmation that such goods comply with these terms, we will credit the purchase price and shipping cost of the original goods to your credit or debit card, or apply these amounts to any order you may make for goods to be provided in exchange for those returned.  Any net difference in the price of the exchanged goods (including applicable VAT, shipping, and other charges) will be credited or debited to your account or card, as appropriate. 

If you are based in the EU (including the UK), you also have the right to cancel your order with us within 14 days without giving any reason, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (ICACRs). The cancellation period will expire 14 days from the day after the day on which you (or someone you nominate, other than a carrier) receives the last of the goods you ordered.  Returns under the ICACRs should be initiated and will be refunded as described above in our general cancellation procedures; please indicate that you are cancelling your order under the ICACRs.  We will give you a full refund for the price of the goods, VAT, and shipping charges within 14 days after the later of the date we receive your goods (if the goods were already shipped) or the date you cancelled your order.  We can make a deduction from the refund for any loss in value of any goods that results from unnecessary handling by you, as described above.  You may have additional rights under your own country’s consumer legislation. 

8. Although we will give the refunds or exchanges provided above whether or not an item is defective, you agree that only the manufacturer or our third-party supplier of a product will be held liable for claims, damages, losses, and other liability resulting from a defective product.

Generous Ape does not design or manufacture any products itself, but arranges to have them delivered to you directly from third-party suppliers and manufacturers.  As such, you agree that Generous Ape itself is not and shall not be liable for any claims or damages arising from any products that you order from us which turn out to be defective.  You shall bear the sole responsibility, cost, and liability for pursuing any damages and other remedies for any such defects or claims, which must be brought against the relevant manufacturer and/or against our third-party supplier who has provided such product. 

We have agreed with our third-party suppliers, and you also agree, that only such third-party supplier and the manufacturer of a product—and not Generous Ape—shall be liable for any damages, losses, and other liability arising directly or indirectly out of any faults or defect in the materials or workmanship of any product(s) that you order from us that cause death or personal injury to any persons who purchase or use such product(s), or that cause any other damage to persons or property, and any other claims, damages, losses and other liability arising directly or indirectly in relation to or in connection with the design, manufacture, and/or use of such product(s) and/or our services.

Use of our Site, Content, & Services 

9. Generous Ape owns the intellectual property in its site, services, content, and technology, and our third-party suppliers and manufacturers own their own intellectual property in their own products and services.

You may access and use our site, services, content, and technology only for your own personal use in finding and purchasing products on our site, and otherwise for uses specifically permitted on the site, so long as these are done in conformance with these TOUs.  No other rights are granted to you in relation to any copyright, designs, trademarks, or any other intellectual property or other rights relating to our company, site, services, content, or graphics, our technology (including without limitation our systems, design, software, HTML and other code), or the products offered on our site. 

All such items of ours, as well as the trademarks, designs, and related intellectual property rights of third-party manufacturers and suppliers mentioned or displayed on our site, are protected by national intellectual property and other laws and international treaty provisions. You may not reproduce, modify, make available, distribute, transmit, display, perform, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any such items protected by intellectual property.  Without limiting the foregoing, copying and use of the above listed materials on or to any other server, site, or location for publication, reproduction, or distribution is expressly prohibited.  All such activities are prohibited and may result in civil and criminal penalties.

10. You will only use our site, services, content, and technology lawfully and for legitimate non-business purposes.

You will not violate any applicable law or regulation, or use our site, services, content, or technology for any illegal or unauthorised purpose.

You will not interfere with, modify, or permit or enable interference with our site, services, content or technology, or other users’ use thereof, for example by uploading or propagating any virus or other destructive material, trying to gain unauthorised access to or use of any service, data, account, or network, or engaging in destructive or nuisance activity.  

You may not use our site, or any of its services, content, or technology, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site.  You may not access or use any of our internal business information, or any of our other customers’ payment or personal information, whether via electronic access or otherwise. 

You agree that you will be personally responsible for your use of our site, services, content, and technology and for all of your communication and activity related to this site.  We may remove any prohibited, offensive, or other material or content you post on our site or services at any time.  If we determine that you are or have been engaged in prohibited activities or otherwise violated these TOUs, we may deny you access to this site on a temporary or permanent basis and/or pursue other remedies.

Other terms and conditions

11. Use by minors. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use our site and make orders.  Persons under the age of majority are not permitted to register for the site or make purchases. If you are a minor, you must have your parent or guardian read and agree to these TOUs prior to your using the site or making any order.
12. Generous Ape’s liability. We accept liability arising directly from our own intentional acts, fraudulent misrepresentation, breaches of these TOUs, and negligence, and that of our employees and agents.  As described above, liability arising from defects in products and services provided by Generous Ape’s third-party suppliers and manufacturers shall rest solely with such suppliers and manufacturers. 

We are not responsible for losses resulting from events beyond our reasonable control, or for indirect or incidental losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).  In all events, we will only be liable for loss or damage up to 150% of the total value of goods you purchased.  Nothing in these TOUs is intended to affect other rights you may have under the law.

1. Your liability. You agree to compensate fully, defend, and hold harmless immediately on demand, Generous Ape, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of these TOUs by you, and/or any other persons accessing this site using your account or personal or payment details as the result of your action or inaction.
2. Legal relationship. You acknowledge and agree that no partnership, employment, joint venture, or other agency relationship exists between you and Generous Ape as a result of these TOUs, your use of this site, or otherwise. You agree that you may not and will not hold yourself out as a partner, employee, joint venturer, agent, or other representative of Generous Ape, and we shall not be liable for any such representation, act, or omission on your part.
3. Local law. The content and products provided on this site are not intended for distribution to or use by any person or entity in any country or jurisdiction where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such country or jurisdiction.  Accordingly, persons who choose to access the site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
4. Protection of personal data. We comply with relevant data protection laws and take reasonable care, in so far as it is in our power to do so, to make our site and keep your order, payment, and personal details secure.  We work with professional technology and payment service providers who use encryption and other technologies to process transactions and store your data securely.  We shall not be held liable for any loss you may suffer as the result of such a service provider’s own fault or negligence with respect to your payment and personal data, of if any third party procures unauthorised access to such data despite our reasonable precautions; such service provider or other third party alone shall be liable for any damages, losses, and other liability arising directly or indirectly therefrom.  Please see our Privacy Policy for further details of how we collect, use, manage, and protect your personal data, and our limitations of liability.
5. Governing law. Your orders, these TOUs, and all our other policies and procedures will be governed by and construed in accordance with English law, and the relevant courts of England and Wales will have exclusive jurisdiction.  If you have a complaint, please email us at the contact email address listed below, giving full details including date of purchase and order reference number where applicable, and your full name and address and contact details. 
6. Updates and modifications to these TOUs. We may update or modify these TOUs and our other policies and terms and conditions from time to time.  We will alert you about any changes by updating the “Last Updated” date of these TOUs and other policies and terms and conditions online, and you waive any right to receive specific notice of each such change. 

Please read these TOUs carefully and check back often. It is your responsibility to review these TOUs periodically to stay informed of updates. If you do not agree to any change to the TOUs then you must immediately stop using the site and making orders.  You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised TOUs by your continued use of the site or the placing of orders after the date such revised TOUs are posted.  Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

Need Help?

We look forward to doing business with you and helping you in any way we can!  Please direct any questions, comments, or complaints about these TOUs, our website, or our services and products to: Ask@generousape.com.

The Generous Ape Limited is incorporated and registered in England and Wales with company number 11848219. 

 

Last updated: 1 December 2020