CUSTOMER TERMS AND CONDITIONS
Please read the following important terms and conditions before completing any purchase on our website.
We request that you note the right of cancellation in clause 2 and the limitation of liability in clause 7.
1. GENERAL
1.1 In these terms and conditions (“Conditions”):
“Contract” means the contract between us and you for the sale and purchase of the Goods in accordance with these Conditions.
“Delivery Address” means the address for delivery of the Goods to you, as indicated by you when placing an Order;
“Goods” means any goods (including all components, parts and accessories) to be supplied by us to you under the Contract;
“Order” means an order for Goods placed by you in store, on the telephone or online by submitting an Order Form via the Website);
“Order Form” means our order form on which Orders for Goods may be placed by you on the Website;
“our/ us/ we" means BS9 Interior Design
"Website” means our website which is located at www.bs9interiordesign.co.uk;
“you/ your” means the person who purchases the Goods from us.
1.2 The supply of Goods to you by us is subject to these Conditions. Please read through these Conditions carefully before placing an Order and print a copy for your future reference. By placing an Order with us you confirm your acceptance of these Conditions.
1.3 Once the Contract has been made between you and us, no variation of the Contract shall apply unless confirmed in writing by or on behalf of the owner / director of BS9 Interior Design. We reserve the right to amend and update these Conditions from time to time without notice. You are required to check these Conditions before you place an Order. The current version of these Conditions when your Order is placed will apply to that Order.
1.4 You must be over the age of 18 years to place an Order through the Website and we reserve the right not to accept an Order where we reasonably believe that you do not meet this requirement.
1.5 When buying any goods or services on our site you also agree to be legally bound by:
1.5.1 Any amendment, modification or variation of these terms
2. ACCEPTANCE OF ORDERS AND CANCELLATION
2.1 Where Goods are ordered from the Website you will be required to submit an Order Form. Goods may also be ordered over the telephone or in store.
2.2 We will then send an automatic receipt of your Order to the email address you have provided (for the avoidance of doubt this will not constitute our acceptance of your Order).
2.3 All Goods are subject to availability. If the Goods you have ordered are unavailable we will contact you to advise of the date of availability or to discuss the supply of a suitable alternative item. Should you wish to cancel your Order at this point then you will be able to do so. If we accept your Order, we will send you written confirmation of acceptance of the Order at which point the Contract shall come into existence between you and us incorporating these Conditions.
2.4 Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because a credit reference we have obtained is unsatisfactory, because we can't verify your age, because you are located outside our delivery areas, as stated on the Website or because the product was mispriced by us. When this happens, we will let you know as soon as possible and refund any sums you have paid.
2.5 Orders received on Saturdays, Sundays, public holidays or after 1pm on weekdays will be processed on the next working day.
2.6 Except as set out in clause 2.7, we shall not be bound to accept the cancellation, alteration or suspension by you of any Order that we have issued an Acceptance Notice for.
2.7 For most of our products bought online or over the telephone you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.
2.8 If you want to change your mind and cancel your order you must do so within 24 hours of placing the order. To let us know you want to change your mind, contact us at Katherine.ogilvie@blueyonder.co.uk.
2.9 Returned Goods must be in the same condition as they were delivered (with the original packaging, unused and/ or flat-packed where appropriate). Unless the Goods are faulty, you must pay any delivery costs for their return. We will not accept returns or cancellations if the Goods have been altered in any way. You have a duty to take reasonable care of the Goods whilst they are in your possession. If the Goods you are returning are either damaged by you or due to your poor packaging then on inspection of the Goods we reserve the right to reject the return and you will incur the cost of re-delivery to your address and no refund will be processed. We will only refund standard delivery costs (if applicable). We don't refund any extra you have paid for extra delivery charges (e.g. where we deliver Goods upstairs or out of our normal geographical zone, e.g. Scotland), express delivery or delivery at a particular time.
2.10 We refund you within 14 days of the supplier receiving them back from you. We refund you by the method you used for payment. We don't charge a fee for the refund.
2.11 Goods are only refundable if faulty. We have made every effort to display as accurately as possible the colours and images of our products - images have been supplied to us from the Brand of each product and as a trade only account neither we or the brand will accept returns for anything other than faulty goods as outlined in our refund policy
https://www.bs9interiordesign.co.uk/returns 2.12 You must tell us immediately if you cancel your credit arrangement in respect of any bespoke Goods (as described in clause 2.11). If you do cancel your credit arrangement in respect of those bespoke Goods, then you must pay us for those Goods within seven days starting the day after you cancel the credit arrangement.
3. DESCRIPTION
3.1 For the avoidance of doubt all sizes, measurements, drawings, descriptive matter, specifications, illustrations, guidance, advice and advertising issued by us on the Website are an approximation and are published for the sole purpose of giving an approximate idea of the Goods described.
3.2 You will be responsible for ensuring that the Order Form and Acceptance Notice are complete and accurate, and that the Goods will fit through doorways and have sufficient room to enable their use on your premises. You acknowledge and accept that we will not be held responsible should this not be the case. We will not be responsible for any mistakes made on the Order Form by you regarding incorrect product ordered, contact, address or delivery details. Where an error has been made you must notify us in writing of the correct details before the Goods have been dispatched or as soon as possible thereafter.
4. PRICE AND PAYMENT
4.1 Unless otherwise agreed in writing, the price of the Goods shall be the price confirmed in the Acceptance Notice.
4.2 All prices, fees, charges, disbursements, expenses and other sums payable hereunder are in pounds sterling (£) and are inclusive of Value Added Tax.
4.3 The cost of postage and packaging per item for items being delivered in mainland U.K. are included in the price of the item. Goods outside this area may be subject to a delivery charge. Please note that postage and packaging is mainly dependent on the size, weight and frailty of the Goods. If you have any specific delivery requirements, then please contact us in advance of placing an Order.
4.4 Payment details will be taken at the point of Order. Payments are processed once you have received an Acceptance Notice from us and will be processed via our provider’s secure payment system.
4.5 You must ensure that all payment details you provide to us for the purpose of purchasing any Goods are correct, and that the credit or debit card which you use is your own, that there are sufficient funds or credit facilities to cover the cost of any Goods, and that you are over the age of 18 years. We reserve the right to obtain validation and verification of the authenticity of your credit card or debit card details before processing your Order.
5. DELIVERY
5.1 The Goods shall be delivered to the Delivery Address as set out in the Order Form, or to such other place of delivery as is agreed by us in writing prior to delivery of the Goods at any time after we issue an Acceptance Notice.
5.2 Delivery will be deemed as successfully made once the Goods have arrived at the Delivery Address and signed for either by you or by someone at the delivery address on your behalf.
the case of delivery to certain organisations such as hospitals, airports, hotels, ships and other business premises, the signature of any person authorised to accept delivery on behalf of the organisation will be accepted as proof of delivery.
5.3 Prior to delivery, you will be contacted to agree a time with the courier for delivery. If you are not available to accept delivery of the Goods, re-delivery may take up to 7-10 working days and you will be charged for the cost of re-delivery.
5.4 We reserve the right to only deliver to the cardholder’s registered address for Goods priced more than £200.We do not normally deliver on Saturdays, Sundays or public holidays.
5.5 We reserve the right to charge you postage and packaging and delivery expenses where we deem appropriate.
5.6 Times or delivery dates for delivery of Goods may vary and are intended to be an estimate only.
5.7 All Goods are available for delivery in most places in mainland UK. Special delivery arrangements can be made to the Channel Islands, Northern Ireland, Republic of Ireland Isle of Wight, Isle of Man, Cornwall, and the Scottish Isles or Highlands. If you live in one of these locations please contact us in advance of placing an Order so that we can advise you of availability and any additional charges for delivery.
5.8 Where Goods are installed on delivery, you are required to inspect the Goods before signing the delivery note.
5.9 Where Goods are packaged, you must report any defects you discover on opening the packaging to us within 48 hours of delivery by emailing us at customerservice@homeleisuredirect.com.
6. QUALITY
6.1 If you think there is something wrong with your product, contact katherine.ogilvie@blueyonder.co.uk
6.2 We honour our legal duty to provide you with products that are as described to you on the Website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that you have several options for resolving disputes with us (see clause 9 below).
Summary of your key legal rights
6.3 If your product is goods, for example a billiards table, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
6.3.1 Up to 30 days: if your goods are faulty, then you can get a refund.
6.3.2 Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
6.3.3 Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back
6.4 If your product is services, for example installation of a billiards table, the Consumer Rights Act 2015 says:
6.4.1 You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
6.4.2 If a price hasn't been agreed upfront, what you're asked to pay must be reasonable.
6.4.3 If a time hasn't been agreed upfront, it must be carried out within a reasonable time.
7. LIMITATION OF LIABILITY
7.1 The following provisions set out our entire financial liability (including any acts or omissions of our employees, agent and subcontractors) to you in respect of:
7.1.1 any breach of the Contract; and
7.1.2 any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract.
7.2 Nothing in the Contract excludes or limits our liability for:
7.2.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
7.2.2 fraud or fraudulent misrepresentation;
7.2.3 any matter in respect of which it would be unlawful for us to exclude or restrict liability (including in respect of our liability under the terms implied by the Consumer Rights Act 2015).
7.3 Except as set out in clause 7.2, our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance of the contract shall be limited to the price you have paid us for the Goods.
7.4 We're responsible for losses you suffer caused by us breaking the Contract up to the price you have paid us for the Goods unless the loss is of the type described below (in which case we will
have no liability to you for any losses your suffer):
7.4.1 Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
7.4.2 Caused by a delaying event outside our control.
7.4.3 Avoidable. Something you could have avoided by taking reasonable action.
7.4.4 A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited as set out in clause 8 of our Standard Terms and Conditions of Business for Business Customers (see Section 3).
8. DATA PROTECTION
We use any personal data you give us in accordance with our Privacy Notice which can be found at
https://www.bs9interiordesign.co.uk/privacy.
9. COMPLAINTS AND DISPUTES
9.1 BS9 Interior Design (who you can contact by emailing katherine.ogilvie@blueyonder.co.uk) will do our best to resolve any problems you have with us or our products. If you're not satisfied with how we handle your complaint, you can still go to court.
9.2 The Contract is governed by English law. Wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in.
10. MISCELLANEOUS
10.1 The headings to the Contract are for convenience only and shall not affect their construction.
10.2 In the Contract to one gender shall include each other gender and words denoting the singular shall include the plural and vice-versa.
10.3 References to any statute or statutory provision will, unless the context otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
10.4 We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
10.5 The Contract is between you and us. Nobody else can enforce it, under the Contracts (Rights of Third Parties) Act 1999 or otherwise, and neither of us will need to ask anybody else to sign-off on ending or changing it.
10.6 If any portion of the Contract is held by any competent authority (such as a court) to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of the Contract shall not be affected.
11. FORCE MAJEURE
11.1.
Our, or the Brand’s (supplier of product) compliance with obligations under these terms might be affected by events beyond our or the Brand’s reasonable control. If so, performance of such obligations will be postponed until such time as those circumstances cease to exist. Neither we nor the Brand are liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control. If such circumstances continue for an extended period of time, we may terminate any orders you have placed with us.