Terms & Conditions
Terms Of Supply
Please read the following important terms and conditions before you buy anything on our site. These terms were last updated on Monday 23 November 2016 and we reserve the right to change these terms at any time without prior notice.
1 Introduction
1.1 These terms (together with any documents referred to in them) tell you the terms and conditions upon which we agree to supply any of the products or digital content (if available from time to time) (together “goods”) listed on our website at www.bessybass.com(“our site”). “We” or “us” means Bessy Bass Limited, a limited company incorporated in Scotland with registered number SC507693 and having our registered office at 101/2 East London Street, Edinburgh EH7 4BF. “You” means the person using our site to buy goods from us.
1.2 Please read these terms carefully before ordering any goods from our site. If you buy goods on our site then you agree to be legally bound by these terms and conditions, which will constitute a contract (this “contract”) between you and us.
1.3 When buying any goods you also agree to be legally bound by:
1.3.1 our Website Terms and Conditions; and
1.3.2 any specific terms which apply to certain goods (and to the extent that any such specific terms apply, these will be displayed alongside the details of the relevant goods on the relevant webpage). Any such terms form part of this contract as though set out in full here.
1.4 If you don’t understand any of these terms then please contact us by email at may@bessybass.com or by post at 101/2 East London Street, Edinburgh EH7 4BF.
2 Ordering goods from us
2.1 Below, we set out how a legally binding contract is made between you and us. The display of goods on our site constitutes an “invitation to treat” and your order for goods will constitute a contractual offer. No contract will exist unless and until we accept your order in accordance with the procedure set out below.
2.2 The following steps should be taken in order to enter into a contract to purchase goods:-
2.2.1 where appropriate, please make your selection for product options such as colour or size;
2.2.2 you must add the goods which you wish to purchase to your shopping basket by
2.2.3 once you have finished shopping, you should proceed to the checkout;
2.2.4 you will then be directed to our payment page and your payment will be processed by clicking the “Add to Basket” button for each item; PayPal on our behalf;
2.2.5 you will receive an emailed confirmation of receipt of order, which constitutes our initial acknowledgement;
2.2.6 once we have checked whether we are able to meet your order, we will either send you an email confirming that we have accepted your order and are processing this (“Confirmation Email”) (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order; and
2.2.7 once your order has been prepared, you will receive a further email confirming this.
2.3 Before your order is placed, you will have the opportunity of adjusting your shopping basket. You may correct any input errors before placing your order, using the ‘back’ button. If you are purchasing digital content, please check that your computer or device will allow you to download the digital content. We will not file a copy of these terms specifically in respect of your order. We reserve the right to vary or update these terms from time to time and we cannot guarantee that the version which you have agreed to will remain accessible. We therefore recommend that you print and retain a copy of these terms for future reference.
These terms are provided in the English language only.
2.4 We may contact you to say that we do not accept your order, in which case you will not be charged for the goods. This is typically for the following reasons:.
2.4.1 the goods (including digital content, if applicable) are unavailable;
2.4.2 you have ordered too many goods;
2.4.3 there has been a mistake on the pricing or description of the goods.
2.5 We will only accept your order when we email you to confirm this (in the Confirmation Email, as above). At this point:
2.5.1 a legally binding contract will be in place between you and us; and
2.5.2 we will prepare to dispatch the goods to you or allow you to download the digital content (as applicable).
2.6 Our site is currently only intended to supply goods only within the UK. Unfortunately, we are not currently able to accept orders from, or deliver to addresses, outside the UK.
2.7 If you purchase and download any digital content then you do not own this content – instead we give you permission (a “licence”) to use this. This digital content is personal to you but is not exclusive ie we can supply this also to other users. This digital content may not be copied or changed by you, or sold or distributed by you to any third party, or combined or merged with (or used in) any other program or digital content.
3 Right to cancel this contract
3.1 Other than in relation to those goods specified in clause 3.5, you have the right to cancel this contract within 14 days without giving any reason.
3.2 The cancellation period will expire after 14 days from:-
3.2.1 in the case of a sales contract for goods (other than digital content) the day on which you acquire (or a third party other than the carrier and indicated by you acquires) physical possession of the relevant goods;
3.2.2 in the case of a sales contract relating to multiple goods (other than digital content) ordered by you in one order and delivered separately, the day on which you acquire, (or a third party other than the carrier and indicated by you acquires) physical possession of the last good;
3.2.3 in the case of digital content, the day that we send your Confirmation Email to confirm your order or (if earlier) until you start downloading or streaming (provided that if we delivered the digital content to you immediately and you agreed to this when ordering, you will not have a right to cancel this contract).
3.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post, fax or email). You can use the model cancellation form set out in the box below, but it is not compulsory.
Cancellation form
To [insert the trader’s name, geographical address and, where available, fax number and e-mail address]:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate
3.4 To meet the cancellation deadline, it is sufficient for you to send your communication which exercises your right to cancel before the cancellation period has expired.
3.5 You do not have a right to cancel this contract in respect of digital content after you have started to download or stream it or in respect of sealed audio or sealed video recordings, once these products are unsealed after you receive them.
4 Effects of cancellation
4.1 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
4.2 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
4.3 We will make the reimbursement without undue delay, and not later than:
4.3.1 14 days after the day we received back from you any goods supplied, or
4.3.2 (if earlier) 14 days after the day you provide evidence that you have returned the goods, or about your decision to cancel this contract.
4.3.3 if there were no goods supplied, 14 days after the day on which we are informed
4.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any additional fees as a result of the reimbursement.
4.5 If you have received goods:
4.5.1 you should send back the goods to 101/2 East London Street, Edinburgh EH7 4BF,
4.5.2 you will have to bear the direct cost of returning the goods (unless they are faulty, in
4.5.3 you are only liable for any diminished value of the goods resulting from any handling without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired; which case please see clause 8.4 below), the exact cost of which is likely to vary depending on the size, weight and other characteristics of the relevant item; and beyond what is necessary to establish the nature, characteristics and functioning of the goods.
5 Delivery
5.1 We generally use Royal Mail to deliver our goods but reserve the right to use other carriers where necessary. If you want to see your delivery options, please visit our ‘Delivery Information’ page before you place your order.
5.2 The estimated date of delivery of the goods will be set out in the Confirmation Email (see clause 2.2.6).
5.3 If something happens which:
5.3.1 is outside of our control, and
5.3.2 affects the estimated date of delivery we will let you have a revised estimated date for delivery of the goods (or a revised date upon which you can expect to be able to download any digital content, if available).
5.4 Delivery of the goods will take place when we (or our carriers) deliver them to the address that you gave to us (or to such other person or address as is identified and specified by you).
5.5 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:
5.5.1 let you know;
5.5.2 cancel your order; and
5.5.3 give you a refund.
5.6 You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you (or a person identified by you) take possession of the goods.
5.7 We may deliver your goods in instalments. If you want to see whether your goods may be delivered in this way, then please check the information given during the online checkout process.
6 Payment
6.1 Payment for all goods will be processed by PayPal on our behalf.
6.2 The price of the goods:
6.2.1 is in pounds sterling (£)(GBP);
6.2.2 includes VAT at the applicable rate (if chargeable); and
6.2.3 does not include the cost of delivering the goods (if you want to see delivery options and costs then please visit our “Delivery Information” page before you place your order) which will be added to the total amount due by you.
6.3 Prices are liable to change at any time but changes will not affect orders in respect of which we have already sent you a Confirmation Email.
7 Nature of the goods
7.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, that the goods:
7.1.1 are of satisfactory quality;
7.1.2 are fit for purpose; and
7.1.3 match the description, sample or model.
7.2 We must provide you with goods that comply with your legal rights.
7.3 The packaging of the goods may be different from that shown on the site.
7.4 While we try to make sure that:
7.4.1 all weights, sizes and measurements set out on the site are as accurate as possible,
7.4.2 the colours of our goods are displayed accurately on the site, the actual colours that
7.5 If we supply any digital content from time to time then:-
7.5.1 we will use reasonable efforts to ensure that it is free from defects, viruses and other there may be a small tolerance in certain goods; and you see on your computer may vary depending on the monitor that you use malicious content; and
7.5.2 we do not promise that it is compatible with any third party software or equipment.
7.6 Any goods sold:
7.6.1 at discount prices;
7.6.2 as remnants; or
7.6.3 as substandard will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
8 Your rights
8.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out below. They are a summary of your key rights.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund. 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 you’re entitled to the following:
• up to 30 days: if your goods are faulty, then you can get a refund
• up to six months: if they can’t be repaired or replaced, then you’re entitled to a full refund, in most cases
• up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.adviceguide.org.uk or call 03454 04 05 06.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.
8.2 For more detailed information on your rights and what you should expect from us, please:
8.2.1 contact us using the contact details set out in clause 1; or
8.2.2 visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
8.3 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
8.4 If you consider any goods supplied to be faulty then please notify us (by using the contact details set out in clause 1) of any problems as soon as possible, within a reasonable period following delivery. The remedies available to you will depend upon the nature of the goods and the nature of the fault but these may include:
8.4.1 repairing the goods;
8.4.2 replacing the goods;
8.4.3 a price reduction; or
8.4.4 a refund.
9 End of the contract
9.1 If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
10 Limit on our responsibility to you
10.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:
10.1.1 losses that:
(a) were not foreseeable to you and us when the contract was formed; and
(b) that were not caused by any breach on our part;
10.1.2 indirect losses which occur as a side effect of the main loss or damage, such as (but not limited to) loss of income or revenue, loss of business, loss of profit or loss of anticipated savings;
10.1.3 business losses; or
10.1.4 losses to non-consumers.
10.2 For the avoidance of doubt, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us or our nominated payment services provider.
11 Disputes
11.1 We will try to resolve any disputes with you quickly and efficiently.
11.2 If you are unhappy with:
11.2.1 the goods;
11.2.2 our service to you; or
11.2.3 any other matter then please contact us as soon as possible.
11.3 If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to this contract.
11.4 Relevant United Kingdom law will apply to this contract.
12 Third party rights
12.1 No one other than a party to this contract has any right to enforce any term of this contract.