Terms and conditions
Standard terms and conditions for the sale of goods
1. Interpretation
1.1 In these Conditions:
"Business Day"
means a weekday other than a Saturday when the banks are open for business in the City of London
"Company"
means Bydeezine Ltd
"Conditions"
means these standard terms and conditions of sale and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Customer and the Company;
"Contract"
means the Contract between the Customer and the Company for the sale and purchase of Goods
"Customer"
means a business or a consumer (as the case may be) whose order for the Goods is accepted by the Company; and
"Goods"
means the Goods (including any instalment of the Goods) which the Company is to supply in accordance with these Conditions.
2. Complete Agreement
2.1 These Conditions shall govern the Contract to exclusion of any other terms and conditions between the Company and the Customer and no variation to the Contract or these Conditions (including the incorporation of the Customers standard terms and conditions of business) shall be binding upon the Company unless agreed in writing by the Company and signed by an authorised representative of the Company.
2.2 The Company’s employee’s agents or representatives are not authorised to make any representations concerning the Goods unless such representations are confirmed in writing by an authorised representative of the Company.
2.3 Any typing clerical or other error or omission in any catalogue, sales literature, price list, despatch note, invoice or other documentation or any information issued by the Company (in whatever form and on whatever media) shall be subject to correction without any liability on the part of the Company.
3. Contract
3.1 No order submitted by the Customer shall be deemed to be accepted by the Company until the Goods have been despatched by the Company and a despatch note issued to the Customer.
3.2 The Customer shall be responsible for ensuring the accuracy of any order submitted by the Customer including confirming in writing any telephone orders and for giving the Company any necessary information relating to the Contract and delivery (as the case may be) within a sufficient time to enable the Company to deliver the Goods to the premises notified to the Company by the Customer.
3.3 Written confirmations of any telephone orders shall clearly indicate that they are only confirming earlier telephone orders and shall contain details of the Customers account number and purchase order number.
4. Price
4.1 The price of the Goods shall either be the price payable for the Goods at the time of acceptance of the Customers order in accordance with the provisions of Clause 3.1 or in cases where the Customer has paid for the Goods by credit card or cheque and payment has cleared the price paid for the Goods by the Customer at the time when payment cleared subject to the Company reserving the right by giving notice in writing to the Customer at any time before delivery to increase the price of the Goods to reflect any increase in the cost of the Goods to the Company which is due to any matters beyond the Company’s reasonable control including (without limitation) any increase in Value Added Tax (VAT), transport costs, carriage, postage and packaging and any other applicable duties and taxes.
4.2 All prices stated in any Company’s catalogue, sales literature, price lists or other documentation (issued by the Company from time to time in whatever form and on whatever media) may be altered by the Company at any time without giving notice to the customer.
4.3 The price for any Goods quoted in any catalogues sales literature or price lists is exclusive of any applicable VAT and carriage, postage and packaging and any other duties taxes and applicable charges in relation to the Goods which the Customer shall additionally be liable to pay to the Company.
4.4 The price for the Goods stated in any invoice shall be exclusive of VAT.
4.5 The Customer shall be liable for any reasonable costs incurred by the Company in the event of variation or suspension of any order by the Customer.
5. Terms of Payment
5.1 Non-account customers are required to pay the Company for all orders for Goods in full by debit card, credit card or cheque and the Goods in question shall only be despatched to the Customer (in the case of payment by cheque or credit card) when the Company is satisfied that the payments in question have cleared.
6. Delivery
6.1 The Company shall deliver the Goods to any premises (whether in the United Kingdom or in any other country) notified to the Company by the Customer and for the avoidance of doubt the Customer shall be liable for any costs incurred by the Company in relation to carriage postage and packing and any other applicable duties taxes and charges.
6.2 The Company shall use its reasonable endeavours to deliver the Goods to the premises stated by the Customer by any delivery date estimated by the Company and for the avoidance of doubt the Customer acknowledges that the delivery date is not guaranteed or of the essence of the Contract and that the Company shall in no circumstances be liable to the Customer for any losses, damages or charges incurred by the Customer due to the late delivery of the Goods.
6.3 Goods delivered to the Customer shall be deemed accepted by the Customer and the Customer shall inspect the Goods immediately upon delivery and in all cases shall inform the Company in writing within 5 (five) days of delivery of any damage, shortages or non delivery of the Goods.
6.4 If the Customer fails to take delivery of the Goods (or fails to give the Company adequate delivery instructions at the time stated for delivery otherwise than by reason of any cause beyond the Customers reasonable control or by reason of the Companies fault) then without prejudice to any other rights or remedies available to it the Company may:
6.4.1 store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or
6.4.2 sell the Goods at the best price readily obtainable (after deducting all reasonable storage and selling expenses) and charge the Customer any shortfall below the price obtained under the Contract.
7. Risk
7.1 Risk of damage to or loss of the Goods shall pass to the Customer:
7.1.1 in the case of Goods being collected by the Customer at the Company’s premises after notification from the Company that the Goods are ready for collection, at the time when the Customer collects the Goods from the Companies premises; or
7.1.2 in the case of Goods which are not being collected by the Customer and which are being delivered to the Customers premises at the time of delivery, or if the Customer wrongfully fails to take delivery of the Goods, at the time when the Company has tendered delivery of the Goods to the Customer.
8. Property
8.1 Notwithstanding delivery and the passing of risk in the Goods the property in the Goods shall not pass to the Customer until the Company has received in cash or cleared funds, payment in full for the price of the Goods and all other Goods agreed to be sold by the Company to the Customer for which payment is then due.
8.2 Until such time as property in the Goods passes to the Customer the Customer shall keep the Goods separate from the Customers Goods and those of any third parties and properly stored, protected and insured and identified as the Company’s property.
8.3 Until such time as property in the Goods passes to the Customer the Company shall be entitled at any time to require the Customer to deliver up the Goods to the Company and if the Customer fails to do so immediately the Customer shall permit the Company its agents or representatives to enter upon the Customers premises or any premises of any third party where the Goods are stored and repossess the Goods.
9. Cancellation
No order which has been accepted by the Company in accordance with the provisions of these Conditions may be cancelled by the Customer except with the agreement in writing of an authorised representative of the Company and on the terms that the Customer may be required to indemnify the Company in full for any costs, damages, losses charges and expenses (including any loss of profit) incurred by the Company as a result of the cancellation.
10. Returns Policy
10.1 The Goods will be checked upon receipt. If no fault is found, the Goods will be returned to the Customer. If a fault is found, a credit note will be issued within 5 working days of return of goods.
10.2 The Customer acknowledges that in all cases all Goods shall be returned to the Company using only a carrier approved by the Company and in cases where the Customer uses an unapproved carrier the Customer shall be liable for all costs losses damages or other charges incurred by the Company in relation to the use by the Customer of the unapproved carrier.
10.3 Risk in any Goods that the Customer is returning to the Company shall remain with the Customer until the Goods have been delivered to the Company’s premises and accepted by the Company.
11. Warranties and Liability
11.1 Subject as expressly provided for in these Conditions and except in cases where the Goods are sold to a person dealing as a consumer (as that term is defined in the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
11.2 For the avoidance of doubt where Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976 the statutory rights of the Customer are not affected by these Conditions.
11.3 Except in respect of death or personal injury caused by the Companies negligence the Company shall not be liable to the Customer by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty in common law or under the express terms of the Contract for any indirect, special or consequential losses or damages (whether for loss of profit or otherwise) costs expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees, agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Customer and the entire liability of the Company under or in connection with the Contract shall not exceed one and a half times the price paid for the Goods in question by the Customer.
11.4 The amount charged for the Goods is calculated with reference to the exclusions and limitations on the Company’s liability under these Conditions and the Customer acknowledges that the Company would have been prepared to add a special condition to the despatch note extending the scope and/or agreeing a higher limit in respect of its liability regarding the Goods subject to the cost of the Goods being increased to take account of the Company’s costs in obtaining specific insurance cover for the increased scope and/or amount of its liability to the Customer.
12. Force Majeure
12.1 The Company shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Goods, where the delay or failure was due to any cause beyond the Company’s reasonable control and without prejudice to the generality of the foregoing the following shall be regarded (without limitation) as causes beyond the Company’s reasonable control:
12.1.1 acts of God, explosion, flood, tempest, fire or accident;
12.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
12.1.3 Acts, restrictions, regulations, bye-laws or measures of any kind on the part of any governmental parliamentary or local authority;
12.1.4 import or export regulations or embargoes;
12.1.5 strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the Company or of a third party);
12.1.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery; and
12.2.7 power failure or breakdown in machinery.
13. General
13.1 No waiver by the Company of any breach of Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provisions of these Conditions.
13.2 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
13.3 All notices served under these Conditions shall be in writing and shall be sent to the address of the recipient set out in the invoice (or to any later address in the United Kingdom notified for that purpose) and all notices delivered personally or sent by first class prepaid letter or by facsimile transmission shall be deemed to have been served:
13.3.1 immediately if they were sent by facsimile; and
13.3.2 on the second Business Day after posting if served by first class post; and
13.3.3 by delivery of the notice through the letter box of the party to be served and shall be treated and served on the first Business Day after delivery.
13.4 The Company reserves the right to amend these Conditions in respect of any promotion, offer or the like made or issued by the Company from time to time in relation to the Goods.
14. Governing Law
14.1 These Conditions shall be governed by and construed in accordance with the laws of Scotland.
15. Bydeezine complies with the Children's Online Privacy Protection Act (COPPA), which requires your consent to the collection and use of your child's personal information.
Bydeezine collects personal information from children under 13 years of age, only with parental or legal guardian consent. To enter any Bydeezine contests or competitions, a child must have a parent complete the form located on the site, and fax or mail it to:
Web Administrator
Bydeezine Ltd
15 Foxknowe Place
Livingston
West Lothian
Scotland
Phone 0870 285 6163
Fax 01506 461832
© 2006 Bydeezine Ltd All Rights Reserved
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