Business Department T & C
1. BASIS OF THE SALE
1.1. All drawings, photos, advertising and descriptions on our web-site are issued or published to illustrate the idea of the Goods described or depicted in them and is for general guidance only and forms no part of this Contract. No warranty or guarantee shall be expressed or implied in the Contract.
1.2. We are entitled to correct any typographical, clerical or other error or omission on our web-site and any of our literature, price list, acceptance of offer, invoice or other document or information issued by us without liability.
2.1. Orders can be placed by fax, post, telephone or at The Bookmark Shop.
2.2. No order placed by you shall be deemed to be accepted by us until an acknowledgement of order is issued by us (by e-mail or telephone) or, if earlier, we deliver the goods to you.
2.3. You must ensure the terms of your order and any applicable size and specification are accurate.
2.4. The quantity and description of the Goods shall be those set out in your order accepted by us.
2.5. No order that has been accepted by us may be cancelled by you except in accordance with Condition 3.1 below.
3.1. You may cancel the Contract at any time from the date that you place your order until 7 days after you have received the Goods. Any cancellation by you must be notified to us in writing (either by e-mail or by post).
3.2. In the event that you cancel the Contract in accordance with Condition 3.1 above and we have not yet dispatched the Goods to you we will refund any money you have paid in respect of the Goods to you within 14 days after we have received your notice of cancellation.
3.3. In the event that you cancel the Contract in accordance with Condition 3.1 above and we have already dispatched the Goods to you then you must return the Goods to us by post within 21 days from the date you send us the notice of cancellation. On receipt of the Goods from you, we shall reimburse to you the price of the Goods subject to a restocking fee if the value of the order is in excess of £100. The price of the Goods shall only be refunded to you if the Goods are returned to us undamaged and unsoiled with all labelling in tact.
3.3. Should the cancelled order be in excess of £100 then you will be subject to a restocking fee of 25% of the net value of the goods plus the cost of delivery.
3.3. We do not accept cancellations on items which have been branded, engraved, personalised or custom made.
4.1. The price of the Goods shall be the price supplied on the formal quote or email. If for any reason the price has increased since your order was sent we will contact you by e-mail to advise you of the price increase and ask whether you wish to proceed with your order.
4.2. The price quoted for the Goods, is exclusive of any value added tax and delivery.
5.1. Unless you have an account with us payment of the full price of the Goods must be made at the time you place your order and shall be paid in pounds sterling.
5.2. We accept Visa, Mastercard, Switch, Delta, Solo and Visa Electron.
6.1. We will not send your Goods to you until we have received confirmation of your payment in full from Optimal Payments, our secure online payment gateway provider.
6.2. The Goods will be sent by either first class post for standard delivery, or via Royal Mail Recorded Delivery for our 48 hour service. International orders will be sent either by Royal Airmail, or via TNT International for larger orders. The Goods will need to be signed for by you when they are delivered in the case of Royal Mail Recorded delivery and TNT International.
6.3. We cannot guarantee the delivery date or time.
6.4. Unless otherwise specified next to a product on our web-site, delivery will normally be:-
6.4.1. within 5 days of us receiving your order where the delivery address is in the UK; and
6.4.2. within 14 days of us receiving your order where the delivery address is outside the UK.
6.5. Where a delivery period different to that set out in Condition 6.4 is specified next to a product on our web-site, delivery will normally be within that delivery period.
6.6. If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery then:-
6.6.1. risk of damage to or loss of the Goods will pass to you (including for loss or damage caused by our negligence);
6.6.2. the Goods will be deemed to have been delivered;
6.6.3. without affecting any other right or remedy available to us, we may cancel the Contract.
6.7. It is your responsibility to arrange inspection of the Goods immediately on delivery.
YOUR ATTENTION IS ALSO DRAWN TO CONDITION 8.
7. RISK AND OWNERSHIP
7.1. Risk of damage to or loss of the Goods shall pass to you from the time of delivery from which point we shall bear no further responsibility for damage or deterioration to the Goods.
7.2. In the event that you cancel the Contract in accordance with 3.1 above you must return the goods to us in accordance with 3.3 above. You shall take reasonable care to see that the Goods are received by us and not damaged in transit.
8.1. The goods will be of satisfactory quality and fit for their intended purpose pursuant to the Sale of Goods Act.
8.2. Any claim by you which is based on any defect in the quality or condition of the Goods shall be notified to us and the Goods returned to us for inspection within 14 days from the date of delivery or (where a defect was not apparent on reasonable inspection) within 14 days after discovery of the defect.
8.3. If you return the Goods in accordance with Condition 8.2 and the claim is valid we shall replace the Goods free of charge or, issue you with a credit note or refund the price of the Goods to you, but we shall have no further liability to you. If your claim is valid then we shall also refund your postage costs to you.
8.4. You will not be entitled to return any goods if they have been engraved unless the quality of the goods does not comply with the provisions of the Sale of Goods Act.
9.1. Subject to condition 8, the following provisions set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:-
9.1.1. any breach of these Conditions; and
9.1.2. any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
9.2. Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of this Contract shall be limited to the price of the Goods.
9.3. We shall not be liable to you for any loss of profit, damage, costs, expenses, or other claims or any consequential loss whatsoever (howsoever caused) which arise out of or in connection with the Contract.
9.4. Nothing in these Conditions excludes or limits our liability to you for death or personal injury caused by our negligence or fraudulent misrepresentation.
9.5. We cannot be held responsible, and accept no liability for, failure in transmission by you and where, for whatever reason, your transmission is corrupted, fails to arrive, or arrives after an undue delay, or is received in an unintelligible form.
10. EXPORT TERMS
Where the Goods are supplied for export from the United Kingdom you shall be responsible at your own expense for complying with any legislation or regulations governing the importation of the Goods into the country of destination (including obtaining relevant licences, permits and permissions (if applicable) and for the payment of any duties.
11. FORCE MAJEURE
We reserve the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by you (without liability to you) if we are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials Provided that if the event in question continues for a continuous period in excess of 30 days you shall be entitled to give notice in writing (either by post or e-mail) to us to terminate the Contract and we shall refund any money you have paid to us.
12.1. You may assign, transfer or in any other manner make over to any third party the benefit and/or burden of the Contract or any part of it subject to you complying with your obligations hereunder and subject to you advising us in writing. We may assign the Contract or any part of it or sub contract all or any part of the work to any third party.
12.2. Any notice required or permitted to be given by us to you under these Conditions shall be sent either by e-mail to you at the e-mail address you provided in your order or by post to the address provided by you for delivery of the Goods. Any notice required or permitted to be given by you to us under these Conditions shall be sent either by e-mail to email@example.com or the postal address on our web-site. A notice shall be deemed to have been served (if sent by e-mail) 24 hours after it has been sent (but you must be able to show that the e-mail was sent to the correct e-mail address so please keep a copy of the e-mail) or if sent by post 72 hours after posting if posted in the UK or 14 days after posting if posted outside the UK.
12.3. 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 by it.
12.4. The Contract and the construction, validity and performance of it shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the English Courts in respect of any dispute suit or proceedings which may arise out of or in connection with it except to the extent that we may invoke the jurisdiction of the courts of any other country.