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TERMS AND CONDITIONS
We want you to enjoy using our Website and the useful
information and Products that we provide through it. All information on this
site is provided in good faith.
To avoid any misunderstandings, please take a
moment to read these Terms, which govern the contract between us. They set out
the basis of how you use our site, the purchase of our Products, what we
provide, what we charge and what we ask of you in return.
By submitting an
Enquiry and/or an Order to BA, you are agreeing to these Terms and our, Privacy
Policy which will apply to any purchase you make from BA on this Website.
SUMMARY
1. Definitions
2. Product Details
3. Price of the Products
4. Enquiries
5. Order Acceptance and Payment
6. Our Right to Cancel
7. Delivery
8. Right of Cancellation
9. Warranties and Refunds
10. Returns Procedure
11. Use of Website
12. Liability
13. Notices, Enquiries and Complaints
14. Intellectual Property
15. Privacy Policy
16. General
1. Definitions
1.1. In these terms and conditions ("the Terms") unless the context otherwise
requires, the following words and phrases shall have the following
meanings:
"Customer Material" means any information provided by the customer to
BA including, but without limitation, your details, sizes, delivery details,
requirements or any information provided in the Enquiry or Order;
"Enquiry" means any enquiry made of BA;
"Force Majeure Event" includes any delay or failure to perform our
obligations as set out in these Terms where such delay or failure to perform
arises from circumstances beyond our reasonable control, including (without
limitation) any Act of God, communications failure, death, destruction, fire,
flood, strikes, riots, accident, disruption to energy supplies, civil commotion,
acts of terrorism or war;
"Order Confirmation" an order confirmation from BA to you confirming
receipt of your payment and the acceptance of your order;
"Price" means a price issued by BA to you in response to an Order
Confirmation and/or an Enquiry;
"Product" means products available for sale on the Website;
"BA", "us" or "we" means Busters Accessories whose registered office is at
Phoenix Way, Garngoch, Gorseinon, Swansea. SA4 9HN (VAT Number: GB 779
463 275);
"Website" means the website for the sale of the Products at
www.busters-accessories.co.uk;
"Writing" includes email, fax, or other comparable means of
communication;
"you", "your" or "customer" means the person, firm or
company placing an order for Products with BA.
2. Product Details
2.1. The Products displayed on this Website are not shown to actual size nor
are their images binding as to detail. Some Products may appear slightly larger
or smaller than actual size due to screen defaults and photography techniques.
Other Products may be represented at a larger than actual size in order to
clearly show details, or smaller than actual size in order to show the entire
item, and your attention is drawn to the Product details and content where
given. If the Product you receive is materially different from the Product
details specified you shall be entitled to reject it without penalty.
2.2.
All Products are subject to availability. In the unlikely event of a change in
the specification or quality of the goods ordered we will offer you a substitute
item of the same or better quality for the same price, which you shall be
entitled to reject by returning the item within 7 days from the date the Product
has been delivered to you.
3. Price of the Products
3.1. Subject to the provisions of clauses 3.4 and 3.5 the Price of the
Products will be as stated on our Website at the time you submit your
order.
3.2. Prices stated on the Website include VAT for the item(s) but not
the cost of delivery and insurance during freight as that cost is dependent upon
the value of the item(s) purchased and so is advised in addition to the Prices
stated.
3.3. All Products must be paid for in full before being
dispatched.
3.4. The price of the products stated on our website may vary due
to factors outside BA's control, or if there is a delay between the time of the
order and you receiving your Order Confirmation. In these circumstances you will
be entitled to cancel your order if the price increase is not acceptable to
you.
3.5. Without prejudice to clauses 3.4 or 6.1.1, if we discover an error
in the price of the Products offered we will contact you to resolve the
situation.
4. Enquiries
4.1. By making an Enquiry you are under no obligation to purchase any Product
but you agree to be bound by these Terms and our Privacy Policy.
5. Order Acceptance and Payment
5.1. Before your order can be accepted, we must receive in cleared funds, or
confirmation of authorisation of payment (where a credit card is used) the
purchase price specified in full (without any deduction).
5.2. Once payment has been received by us in accordance with clause 5.1 we will
confirm that your order has been accepted by sending an Order Confirmation to you
at the e-mail address you provide. When we send you this Order Confirmation a legally
binding contract exists between us. BA reserve the right to refuse any voucher
code application or redemption if there is any suspicion of fraud, malredemption or foul play.
5.3. You may pay for the Products in any currency from time to time stated on our
Website.
5.4. You must pay for the Products you order by using any method
currently specified on the Website, which may include without
limitation;
5.4.1. a telegraphic transfer or a bank transfer to BA's account;
or
5.4.2. credit or debit card by communicating your card details to BA (for
the avoidance of doubt the credit/debit cards accepted by us are those listed on
the Website on the date your order is placed).
5.5. In the event that payment
for an order is not received; or you are not fully entitled to use your
nominated credit, debit or charge card; or such card has insufficient funds to
cover the price of the Products then:
5.5.1. BA may contact you allowing you
to make payment in full within a specified time period by the same or another
means; or
5.5.2. BA may at its sole discretion cancel your order in which
case BA shall return any monies received from you within 30 days of receipt of
such monies to your nominated account and BA shall be entitled to deduct an
administration fee to cover any expenses incurred by BA in doing so;
5.5.3.
you agree that in any event that BA shall have no liability to you for any loss,
damage, costs, expenses or other claims that you may incur.
5.6. You agree to
indemnify BA in full against all costs and outgoings incurred by us in obtaining
payments from you in the event a failed payment occurs.
6. Our Right to Cancel
6.1. We reserve the right to cancel your order if:
6.1.1. after receiving
your order and before we send you your Order Confirmation, we become aware of a
pricing error in respect of the Product you have ordered, we reserve the right
to withdraw the Product from sale and inform you accordingly; or
6.1.2. a
Force Majeure Event occurs.
6.2. If we do cancel your order we will notify
you by e-mail and will offer an alternative replacement Product or refund to you
any amounts paid to us as soon as possible and in any event within 30 days of
your order.
6.3. We shall not be liable to you for any loss, damage, costs
expenses or claims that you may incur, for orders cancelled by us before we send
your Order Confirmation.
6.4 This clause 6 does not affect your statutory
rights as a consumer, nor does it affect your contract cancellation
rights.
7. Delivery
7.1 We reserve the right to charge for and fulfil partial orders where the
Order Confirmation consists of multiple items.
7.2 Delivery will be made to
the address specified in the Order Confirmation.
7.3 We will take all
reasonable steps to deliver your order to you on or before the date specified in
the Order Confirmation. We cannot be held liable for delays caused by
circumstances beyond the reasonable control of BA (such as Force Majeure
events). Time will only be of the essence of the contract if you have agreed
this in advance with us at the time of placing your order and received an Order
Confirmation with a guaranteed delivery date.
7.4 You will become the owner
of the Products you have ordered when they have been delivered to you. Once the
Products have been delivered to you they will be held at your own risk and we
shall not be liable for their loss or destruction.
8. Right of Cancellation
8.1. EXCEPT FOR the Products that are custom works or made to order products, you will be entitled to cancel your order by written notice to us by following the procedure in clause 10. You do not need to give us any reason for cancelling your order nor will you have to pay any penalty. Products that are custom works or made to order cannot be cancelled or returned. This policy is in accordance with the Consumer Protection (Distance Selling) Regulations 2000.
9. Warranties and Refunds
9.1. Subject to the following provisions of this clause 9.1, we warrant that
the Products will be of satisfactory quality. The aforementioned warranty is
given by BA subject to the following condition save that it is acknowledged that
your statutory rights are not affected:
9.1.1 BA shall be under no liability
to the customer for any loss, damage, costs, expenses or other claims in respect
of: (a) any defect arising from wilful damage, negligence, failure to follow
instructions for the use of the Products (whether oral or in writing); (b)
misuse or alteration of the Products without our approval; (c) arising from any
Customer Material supplied by you which is incomplete, inaccurate, illegible,
out of sequence or in the wrong form, or any other fault of the Customer.
9.2. BA's products should meet or exceed your expectations. However, in the
event that you are dissatisfied with your order, the Products delivered to you
are incomplete or you have received incorrect Products, we shall have no
liability to you unless you notify BA of the problem AS SOON AS IS REASONABLY
POSSIBLE of the Products in question. For the purposes of efficiency we advise
you to contact our customer services on 0844 248 8185 calls may be recorded for training purposes
9.4. If you notify a
problem to us under clause 9.2 or we have committed a breach of the warranty at
clause 9.1 our only obligation will be (to be determined at your option and
subject always to your statutory rights):
9.4.1.we may offer you an alternate
Product free of charge within 60 days of notification provided that that the
original Product is returned to us in accordance with clause 10; or
9.4.2. we
will arrange with you for the Products to be returned to us in accordance with
clause 10, and we shall refund the price paid.
10. Returns Procedure
10.1. If you exercise the right to cancel under clause 8.1 or a right to
return the Product(s) in accordance with clause 9.4, in order to make the
returns procedure as efficient as possible we advise you to follow the following
procedure:
10.1.1. Please contact our customers services on 0844 248 8185 calls may be recorded for training purposes to
obtain a returns authorisation number before sending the Product(s)
back;
10.1.2. complete the return form provided with the original packing
materials for the delivered Product(s);
10.1.3. secure the Product(s) and all
of the original packing materials, including return form, packing slip, in a
plainly wrapped cardboard box (the post office has these available if you do
not);
10.1.4. clearly print your name and address on the outside of the
package in the return area and mail the package to:
Busters Accessories
Phoenix Way
Garngoch
Gorseinon
Swansea SA4 9HN
10.1.5. For your protection, we advise you to insure the package for the full
amount of the invoice plus postal or shipping charges. For the avoidance of
doubt BA shall not be responsible for items lost or damaged whilst in
transit.
Conditions of Return
10.1.6. Returns are simple, but are subject to certain rules:
(a) you
shall be liable for the cost incurred in returning Products to us and we shall
not be obliged to accept any Product returned if such costs have not been paid
in full ;
(b) each item must be returned in the same condition as it was
sent, unworn and undamaged. Damaged goods due to your negligence will not be
accepted for refund;
10.2 Subject to the conditions in clause 10.1 BA will
refund the full cost of the item. Refunds will be made in the same form as the
original purchase.
10.3 All requests will be processed after we have
inspected and verified the condition of the Products. Returns take approximately
five business days to process upon receipt of the item.
11. Use of the Website
11.1. You agree to use the Website only for lawful purposes and in a way that
does not infringe the rights of, restrict or inhibit anyone else's use and
enjoyment of the Website. Prohibited behaviour includes harassing or causing
distress or inconvenience to any person, transmitting obscene or offensive
content or disrupting the normal flow of dialogue within the Website.
11.3.
BA does not warrant that functions contained in the Website content will be
uninterrupted or error free, that defects will be corrected, or that BA or the
server that makes it available are free of viruses or bugs. We shall have no
liability for any direct, indirect, special or consequential loss arising out of
the use of or the inability to use this Website including (without limitation)
reliance on any information or content of the website or which results from
mistakes, omissions, interruptions, deletions of files or emails, defects,
viruses or delays in operation or transmission.
11.4. The information on the
Website may contain technical inaccuracies or typographical errors and may be
changed or updated without notice. BA may also make improvements and/or changes
to the Website at any time without notice.
11.5. Any information we receive
from you will be dealt with in accordance with our Privacy Policy.
11.6.
Certain links in this Website connect to other websites maintained by third
parties over whom we have no control. We make no representations as to the
accuracy or any other aspect of information contained in other websites.
11.7 Use of cookies on Busters Website
Busters utilises session cookies on its website to provide its shopping cart and registration system and are produced on visiting the site.
The cookies allow us to track whether you are logged-in to the site between pages and what items are currently in your cart.
These forms of cookies are considered as exempt of The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 as per the guidelines provided by the Information Commissioners Office (ICO).
We also utilise Google Analytics to track performance of our products and this also utilises cookies to perform this function.
More information on Google Analytics and an opt-out is available at: https://tools.google.com/dlpage/gaoptout
We also utilise LivePerson chat for allowing online communication with our customer services team. This utilises a third-party cookie from LivePerson.
More information on LivePerson’s use of cookie’s and the data stored is available:
HERE
12. Liability
12.1. Nothing in these Terms will limit our liability for death or personal
injury resulting from our negligence or that of our employees or agents. If you
are a consumer (within the meaning of the Unfair Contract Terms Act 1977) the
content of these Terms will not affect your statutory rights. If you are not a
consumer then subject as provided in clause 9.1, all other warranties,
conditions or other terms, whether implied by statute common law or otherwise,
are excluded to the fullest extent permitted by law.
12.2. Where BA provides
any information in relation to the Products supplied to it by a third party, BA
does not give any warranty, guarantee as to its accuracy or otherwise and shall
have no liability to the Customer for any losses arising as a result
thereof.
12.3. In the event that we are unable or fail to deliver the
Products ordered within any time period specified, we will use reasonable
endeavours to contact you in order to re-schedule the delivery time.
12.4. We
will not be in breach of contract as a result of any Force Majeure
Event.
12.5. IN ANY EVENT, THE LIABILITY OF BA FOR ANY BREACH OR THE
AGGREGATE LIABILITY FOR ANY SERIES OF BREACHES UNDER OR IN CONNECTION WITH THESE
TERMS SHALL NOT EXCEED THE VALUE OF THE RELEVANT ORDER PLACED BY YOU FROM TIME
TO TIME.
12.6. BA shall have no liability for loss of profit or for any
indirect, special or consequential loss of damage, costs, expenses or other
claims for compensation whatsoever arising out of or in connection with the
supply or non-supply of the Products (including any delay in supplying the
Products) or their use or resale by you. Other than as set out in clause 9.2,
the entire liability of BA arising out of any order for Products from you will
be limited to the total price of the Products ordered by you.
12.7. You must
observe and comply with all applicable regulations and legislation, including
all necessary customs, import or other permits to purchase Products from our
Website. The importation or exportation of our Products may be prohibited by
certain national laws. We make no representation and accept no liability in
respect of the import or export of the Products you purchase.
13. Notices, Enquiries and Complaints
13.1. Any notices, enquiries or complaints should be:
13.1.1. e-mailed to
sales@busters-accessories.co.uk;
13.1.2. addressed to customer services on
telephone number 0844 248 8185 calls may be recorded for training purposes or faxed to 0844 248 8186 : or
13.1.3. sent
by post to Phoenix Way, Garngoch,
Gorseinon, Swansea SA4 9HN.
14.
Intellectual Property
14.1. The entire content of the Website, including all copyright, trademarks
and other intellectual property rights it contains, including the use of the
name "Busters Accessories" is the sole property of BA or our licensors. You are
permitted to copy, transmit and to use such material only for the purpose of
ordering Products from the Website, but you not are entitled to copy, reproduce,
transmit, display in public, create derivative works from or otherwise
commercially exploit such material.
14.2. All intellectual property rights in
the Products (subject to the rights of any third party) belong to BA.
14.3.
You warrant that all Customer Material provided to us will not be defamatory or
infringe the copyright or other rights of any third party, and you shall
indemnify BA against any loss, damages, costs, expenses or other claims arising
out of any such infringement.
15. Privacy
Policy
15.1. You acknowledge and agree to be bound by the terms of our Privacy
Policy.
16. General
16.1. These Terms govern the contract to the exclusion of all other terms and
conditions stipulated in any other communication or document unless expressly
agreed in writing by BA.
16.2. BA reserves the right to vary the content of
these Terms from time to time, with any changes being published on the Website.
However, such variations will not affect any Contract between BA and you.
Continued use of the Website, or any of its services will signify that you agree
to any such changes.
16.3. We may correct any typographical, clerical or
other error or omission in any information on the Website or in any email or
other document or communication issued by BA without incurring any liability on
our part.
16.4. If any clause or part of a clause in these Terms is held by
any Court of competent authority to be unlawful, invalid or unenforceable, such
clause or part shall be severed and the remaining provisions of these Terms
shall remain in full force and effect.
16.5. These Terms, together with our
Website prices, delivery details, contact details and privacy policy set out the
whole of our agreement relating to the supply of the Products by us. Nothing
said by any sales person on our behalf should be understood as a variation of
these Terms or as an authorised representation about the nature or quality of
any Products offered for sale by us. Save for fraud or fraudulent
misrepresentation or any statutory obligation, we shall have no liability for
any such representation being untrue or misleading.
16.6. The contract
between you and BA shall be governed by English law and you and BA submit to the
exclusive jurisdiction of the English Courts.
16.7 BA reserves the right to
transfer, assign, novate or sub-contract the benefit of the whole or any part of
any of its rights or obligations under these Terms.
16.8 These Terms do not
create or confer any rights or benefits enforceable by any person that is not a
party within the meaning of the Contracts (Rights of Third Parties) Act
1999.
17. WEEE Regulations Much of the UK’s electronic waste ends up in landfill sites, where toxins
put communities at risk. Please recycle your equipment as failure to segregate
any type of recyclable material in the home will usually result in items being
disposed of in a landfill site (buried in the ground in the UK) or being incinerated.
To find out more about recycling electrical waste, please visit www.recycle-more.co.uk,
or click here to read our full
policy WE RECOMMEND THAT YOU PRINT OUT A COPY OF THESE TERMS FOR YOUR FUTURE REFERENCE. |
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