Definitions
In these conditions the following words have the following meanings
“You" shall mean the person seeking to purchase the Goods from us
“We”, "Us" and “Company” shall mean Bard & Blackwood Limited (Company registration No 01831228) whose registered office is Bard & Blackwood Limited, and head office telephone number is 01243 532121.
"The Contract" shall mean any contract for the sale of Goods made between us and you.
"The Goods" shall mean the products, articles, or things to be sold by us.
Index of Contents
- Order Acceptance and Price
- Cancellation by the Buyer
- Image and Description of Goods
- Payment
- Delivery
- Proper Law and Notices
- Intellectual Property
- Other Limitations on our liability
- Severance
1. Order Acceptance and Price
1.1 The total cost of your order will be the price of the Goods plus any applicable delivery charge which will be stipulated at the time when you place your order. All prices stipulated are inclusive of VAT.
1.2 All orders are accepted when payment is received.
1.3 We may decline to accept an order from you for any reason. As examples only, we may decline to accept an order from you if the Goods are not available or if there has been a pricing error by us on the website.
1.4 Bard & Blackwood reserves the right to pass on any duties, supplier cost changes and/or surcharges that may become chargeable.
2. Cancellation by the Buyer
2.1 You have the right to cancel the Contract any time up to 14 days after order confirmation, without giving any reason.
2.2 To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement (e.g. a letter sent by post or email). Notifications by email must be sent to sales@bardandblackwood.co.uk. Notifications by post must be sent to Bard & Blackwood Limited, 1 North Farm, Church Road, North Mundham, Chichester, West Sussex, PO20 1JU C.P. We advise you to include your order number in your notification to avoid delay.
2.3 If cancellation is received within 14 days of order confirmation, we will cancel your order and refund the cost of the Goods by the original payment method immediately.
2.4 We will make the reimbursement without undue delay and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
3. Image and Description of Goods
3.1 The appearance of our toilet seats in comparison with images of them we publish on our website may vary for reasons beyond our control and for which we cannot accept responsibility.
3.2 We take all reasonable care to ensure that all details, descriptions, and prices of Goods appearing on the website are correct at the time when the relevant information was entered onto the system. Although we endeavour to keep information shown on the website as up to date as reasonably possible, the information appearing on the website at any particular time may not always reflect the position exactly when you place an order.
4. Payment
4.1 You are responsible for ensuring that all Goods are paid for in full. Payment may be made on our website by debit card or credit card (excluding AMEX). If you wish to pay by any other means, please contact us by telephone.
4.2 Production of your Goods will not be started until you have made payment in full.
5. Delivery
5.1 Any indication given by us as to the date for delivery of goods, is given as an estimate only. We estimate each made to order toilet seat will be delivered within 4 – 6 weeks of order confirmation and payment. No liability whatsoever is accepted by us in respect of late deliveries.
5.2 Goods are subject to availability. Delay in delivery of goods is beyond our control because delivery of goods is dependent on carriers/logistics. Delivery schedules cannot be guaranteed and any dates for the delivery of Goods we indicate are approximate only.
5.3 We shall have no liability whatsoever for any failure to perform or any delay in the performance of any of our obligations under the Contract arising wholly or in part by reason of any factor beyond our direct control.
5.4 We shall be entitled to make partial deliveries or deliveries by instalments. Each instalment shall be a separate agreement to which all the provisions of these conditions shall apply.
5.5 Signature of any note by you or your agent, employee or representative shall be conclusive proof of delivery.
5.6 You must within 3 days of delivery inspect the Goods and advise us of any damage for our investigation. Similarly, if there any items missing, you must confirm quantities of Goods supplied within 3 days of delivery. Subsequent claims for shortages or damage will not be accepted.
5.7 Risk of loss or damage to the Goods passes to you at the time of delivery including in the case of Goods which you have requested us to leave unattended at your requested delivery address because you are unable to take receipt of Goods and sign for the Goods
5.8 Notwithstanding delivery and the passing of risk, property in and title to the goods shall remain with the seller until the seller has received payment of the full price of (a) all goods and/or services the subject of the contract and (b) all other goods and / or services supplied by the seller to the buyer under any contract whatsoever. Payment of the full price shall include, without limitation, the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and buyer.
6. Proper Law and Notices
All Contracts made between you and us shall be governed by English Law and shall be subject to the jurisdiction of the English Courts. Any notice required to be given in writing under the Contract shall be given by first class post (in the case of notices to us, to the address shown at Clause 2.3 above)
7. Intellectual Property
The content of our website is protected by copyright, trademarks, database rights and other intellectual property rights. You may retrieve and display the content of the Website on a screen, store such content in electronic form on disk but not on a server or network storage device, or print one copy for your own personal use provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, or use for commercial purposes any of the materials or content of the Website without prior written permission from the Company
8. Other Limitations on our liability
8.1 To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Goods. This does not affect your statutory rights as a consumer, nor does it affect your Statutory Cancellation Rights.
8.2 Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees.
8.3 We shall not be liable to you in contract, tort (including without limitation, negligence) or for pre-contract or other representations (other than fraudulent or negligent misrepresentations) for (a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); (b) any loss of goodwill or reputation; (c) any special or indirect losses; - whether these are suffered by you, your agent or by any third party and which arise out of our contract with you for the sale of the Goods.
9. Severance
If any of these terms and conditions is invalid, illegal, or unenforceable (including any provision in which we exclude liability to you) the validity, legality, or enforceability of any other part of these conditions will not be affected.
It is important you that you read these terms and conditions. Therefore, before proceeding with and confirming your order, please signify that you have read and that you accept these Terms and Conditions by ticking the checkbox at the point of placing your order.