Terms and conditions of Sales.
1.1 “Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Supplier;
1.2 “Contract” means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;
1.3 “Goods” means the articles that the Buyer agrees to buy from the Supplier;
1.4 “Supplier” means Back in Brighton Ltd;
1.5 “Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer;
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer;
2.3 The placing of an order for Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions;
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier;
2.5 Any complaints should be addressed to the Supplier’s address stated in clause 1.6.
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason;
3.2 Orders may be made by visiting ‘Back in Brighton’, or may be made by telephone.
4 Price and Payment
4.1 The total purchase price, including VAT and delivery charges, if any, will be agreed prior to confirming the order;
4.2 Payment of the price plus VAT and delivery charges, if applicable, must be made prior to delivery;
4.3 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received;
4.4 Where applicable, the Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of The Bank of England from time to time in force.
5 Performance of Services
5.1 The Supplier shall begin to perform the Services once payment has cleared and order has been accepted;
5.2 The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible;
5.3 Time for the performance of the Services shall not be of the essence.
6 Rights of the Supplier
6.1 The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order;
6.2 The Supplier reserves the right to withdraw any Goods from the Website at any time;
6.3 The Supplier shall not be liable to anyone for withdrawing any Goods and/or services from the Website or for refusing to process an order.
7.1 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date. Delivery dates and times cannot be guaranteed;
7.2 The Supplier shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses howsoever incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date;
7.3 Delivery of the Goods shall be made to the Buyer’s address specified in the order and shown on the invoice, and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. The Buyer accepts that in the case of there being no one present to accept the Goods on the specified delivery date, a fee maybe charged to the Buyer, by the delivery company for re-delivery;
7.4 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted;
7.5 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
8.1 Ordinarily the Buyer may not cancel an order for Goods for any reason after the order has been accepted by the Supplier (except where ‘Distance Selling’ regulations apply - See 8.2);
8.2 If the order has been placed by telephone, ‘Distance Selling’ regulations apply, and this allows the Buyer to return the Goods and therefore cancel the contract, within seven working days of delivery, and receive a full refund on the Goods purchased. However, the Goods must be returned in the original packaging, and must be undamaged and unused. Delivery must be made to ‘Back in Brighton’ unless otherwise stated by the Supplier and postage and packing will be at the Buyer’s expense. The Goods must arrive at ‘Back in Brighton’ in their original excellent condition. ‘Distance Selling’ regulations do not apply to return of Goods where there is a hygiene issue, such as pillows;
8.3 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Supplier on delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so within 24 hours of delivery, the Buyer shall be deemed to have accepted the Goods.
9 Limitation of Liability
9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever;
9.2 No promise is made nor guarantee is given by the Supplier to the Buyer that any item purchased will aid or relieve any medical or painful condition. The Supplier accepts no liability whatsoever for the purchase and use of such items which are purchased and used at the Buyer’s risk. The Supplier accepts no liability for the use of or consequence of using any items purchased by the Buyer or any other party. Persons with medical conditions are advised to seek professional medical help first, to receive relevant advice on such matters, before purchasing Goods from the Supplier;
9.3 The Buyer accepts full responsibility for confirming the manufacturer’s warrantee and guarantee periods when placing an order with the Supplier. The Buyer confirms the understanding that Goods will have different guarantee periods and in some cases individual items may have varying warrantee periods applying to different elements within the same item;
9.4 The Buyer accepts full responsibility for checking the specification, from the manufacturer, of the Goods to be ordered, to ensure the Goods meet with the Buyers own specific requirements. The Supplier shall not be liable for any claim of damage caused by the use of Goods purchased by the Buyer.
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
11 Force Majeure
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13 Changes to Terms and Conditions
The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
14 Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.