These terms and conditions ('the Terms') govern the users ('you' or 'your') use of the website www.bacarel.co.uk ('the Website') and your relationship with Bacarel & Co Ltd a company registered in England and Wales under company number 1844465 ('we', 'our' or 'us'). Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. You should understand that by ordering any of our goods or services, you agree to be bound by these Terms. You should print a copy of these Terms for future reference.
If you have any queries regarding these Terms then please contact us.
In these terms the ‘Seller’ refers to Bacarel & Co Ltd and ‘Buyers’ refers to the individual, firm or company who purchases Goods from the Seller.
‘Contract’ the Buyer’s Order and the Sellers acceptance of it in accordance to clause 4 incorporating these Terms.
‘Goods’ any goods agreed in the Contract to be supplied to the Buyer by the Seller.
By using the Website you agree to be bound by these Terms and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
We reserve the right to:
- update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms;
- modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents; and
- disable any user identification code or password we have provided to you, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
Each Order for Goods from the Buyer to the Seller shall be an offer by the Buyer to purchase the Goods and these Conditions will apply. The Contract between the Buyer and the Seller will be on these Conditions only. No other terms and conditions will apply including any terms or conditions contained in or referred to in the Buyer's purchase order, confirmation of order or other document or implied by law, custom, practice or course of dealing or simply as a result of such document being referred to in the Contract.
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit or debit card or (ii) dispatch the goods to you or commence the services, whichever is the later, at which time we shall send you an e-mail confirming that the contract has been concluded ('Dispatch Confirmation'). The contract will relate only to those goods or services whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other goods or services which may have been part of your order until the dispatch of such goods or services has been confirmed in a separate Dispatch Confirmation. .
You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
5. Cancellation Rights
Where the Buyer is a consumer and has purchased the Goods via telephone, internet, post or other non face to face situation the Buyer may cancel the Contract at any time within seven working days; beginning on the day after the Buyer received the Goods and will receive a full refund of any price paid for the Goods. To cancel the Contract, the Buyer must inform the Seller in writing and return the Goods to the Seller immediately, in the same condition in which it received them, and at the Buyer's own cost and risk. The Buyer has a legal obligation to take reasonable care of the Goods while they are in its possession. If the Buyer fails to comply with this obligation, the Seller may have a right of action against the Buyer for compensation.
All prices shown on the website are inclusive of VAT (where applicable) at the current rate and are correct at the time of entering the information. We reserve the right to change prices at any time without notice.
Payment is required before Goods are despatched. Payment can be made by any major credit or debit card via SagePay.
You confirm that the credit, debit account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
Unless otherwise agreed in writing by the Seller, delivery of the Goods shall take place at the address set out in the delivery note only.
Time is not of the essence as to the delivery of the Goods. This means that if the Seller fails to deliver the Goods in the time specified, the Buyer is not entitled to terminate the Contract and the Seller is not liable for any delay in delivery, however caused.
Delivery shall be made by the Seller or a courier nominated by the Seller during normal business hours (excluding bank or public holidays). The Seller may levy additional charges for any deliveries made at the Buyer's request outside such hours.
If your delivery address is within the United Kingdom, no additional taxes will be charged to you. If your delivery address is outside of the United Kingdom you may be subject to import duties and taxes (including VAT), which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information.
No liability can be accepted for damage in transit unless the Seller is notified within 3 days from receipt of the Goods and the proof of delivery is endorsed with the details. Where the Seller is notified of the damage to the Goods in accordance with this provision, the Seller shall repair, replace or refund the goods at its sole option.
Goods must be returned in the exact same condition they were dispatched. If the goods are not returned in its dispatched state we cannot offer a refund. Please refer to our Returns Policy.
10. Limitation of Liability
Supply of Goods
(a) If we fail to comply with these Terms, we shall only be liable to you for losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
(b) Nothing in these Terms excludes or limits our liability for:
(i) death or personal injury caused by our negligence;
(ii) fraud or fraudulent misrepresentation;
(iii) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(iv) defective products under the Consumer Protection Act 1987; or
(v) any deliberate breaches of these Terms that would entitle you to terminate the Contract; or
(vi) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.