Terms of Sale – www.bestevenn.co.uk
This page (together with the documents referred to in it) sets out the terms and conditions on which we supply any of the products (“Products“) listed on our website www.bestevenn.co.uk (“our site“) to you. Please read these terms and conditions carefully before ordering any Products from our site – in particular, our limit of liability at paragraph 14 below. You understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
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1. INFORMATION ABOUT US.
Our site is operated by Bestevenn Limited. We are registered under company number 12548450 and our registered office and our registered address is Bestevenn Limited, Unit 5 Patches Yard, Cavendish Lane, Glemsford, Sudbury, Suffolk, CO10 7PZ.
2. YOUR STATUS
2.1 By placing an order through our site you warrant that:
2.1.1 you are legally capable of entering into binding contracts; and
2.1.2 you are at least 18 years old.
2.2 If you are placing an order through our site on behalf of a business, you warrant that you have the necessary authority from that business to place the order.
2.3 You agree only to provide a third party’s personal information if they have given you express consent to use it in respect of the Products you have ordered.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 Your order constitutes an offer to us to buy a Product or Products. All orders are subject to acceptance by us, and we will confirm such acceptance to you by electronic notification at the end of the ordering process (the “Order Confirmation“). We are unable to issue an Order Confirmation until such time as the ordering process is complete. The contract between us (“Contract“) will only be formed when we send you the Order Confirmation. Once the Contract has been formed, the terms of the Contract cannot be varied without our prior written consent.
3.2 You will not have any right to cancel the supply of any of the Products once you have placed an order. If, however, an order is incorrectly placed, please contact us as soon as possible by email at firstname.lastname@example.org. If your order has not yet been sent, we may (at our sole discretion) allow you to cancel the order and issue a refund to you to enable you to re-order Products. However, if the order has been dispatched, we will be unable to issue such cancellation.
3.3 We take payment at the time that you place an order with us. If you are making payment to us by BACS, the order will not be processed until the payment has cleared in full into our account. This will usually be 3-5 days from the date that you send the payment. You will then receive the Order Confirmation from us.
4. AVAILABILITY AND DELIVERY
4.1 Your Products will be dispatched for delivery by a delivery service, usually Royal Mail. We do not offer international delivery at this time, but we will update our site if we can offer this service in the future.
4.3 We use our best efforts to keep items on the site in stock. In the event of Products being out of stock despite showing as in stock we will update you by email of the delay or issue a refund if necessary.
4.3 Working days are Monday to Friday, excluding UK Bank Holidays.
4.4 Some Products will require signature upon delivery. If anyone other than the intended recipient signs for the Product and the Product is subsequently not delivered to the intended recipient, we will incur no liability provided that the Product was delivered to the address provided by you as part of your order.
4.5 Delivery is complete once the Products have been unloaded at the address for delivery set out in your order and signed for (if applicable).
4.6 We use our best efforts to deliver all parts to you in one package, but from time to time we may be unable to do so. In that circumstance we will update you by email and will arrange for separate deliveries.
4.7 Where delivery is delayed due to exceptional circumstances or a Force Majeure Event (please see paragraph 13 below), we will process the delivery as soon as we reasonably can and will keep you updated regarding this by email. We will have no liability to you in that circumstance.
4.8 Where delivery is not possible as a result of us being provided with the incorrect delivery address details, our delivery service will return the Products to us and we will hold these for 5 working days. We reserve the right to make an additional delivery charge for re-despatch of the Products to the correct delivery address. If you have not contacted us regarding re-despatch within 5 working days, we may recycle the Products at our option and you will need to place a new order with us if the Products are still required.
5.1 The images of Products on our site are for illustrative purposes only.
5.2 We cannot be held responsible or liable for quality variance on an order that has been placed with us. However, if you are not happy with the Product that you have received, we may at our discretion offer a replacement or a refund. We are not liable to offer both. Please contact us by email at email@example.com if you wish to discuss this further with us.
5.3 If you believe that a Product is defective, we may request that you return the product for our examination.
6. RISK AND TITLE
6.1 The Products will be at your risk from the time of delivery.
6.2 Ownership of the Products will pass to you on delivery.
7. PRICE AND PAYMENT
7.1 The price of any Products will be as quoted on our site from time to time, except in cases of an error. We sell a variety of Products through our site and it is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and will notify you. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Products and refund you any sums you have paid.
7.2 Prices exclude delivery. Delivery prices are found at www.bestevenn.co.uk/shipping and are shown at checkout before payment.
7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
7.4 If you have been quoted for a bespoke price please note this quote is subject to change after 30 days from the date specified on the quote
7.5 Please note that voucher/discount codes cannot be used against a quote.
8. OUR LIABILITY
8.1 Subject to paragraph 8.2 below, our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product (including delivery costs).
8.2 We do not exclude or limit in any way our liability:
8.2.1 for death or personal injury caused by our negligence;
8.2.2 under section 2(3) of the Consumer Protection Act 1987;
8.2.3 for fraud or fraudulent misrepresentation; or
8.2.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
8.3 Whether caused by our negligence, breach of contract or breach of duty, we exclude all liability for:
8.3.1 any direct loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time; or
8.3.2 any indirect or consequential loss or damage of any kind however arising, even if foreseeable.
8.4 Except as expressly stated in these terms and conditions, we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these terms and conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
9.1 Claims for damage, shortages or non-delivery must be advised by telephone at 01787 282900 or by email to firstname.lastname@example.org within 30 days from the date that the Products were despatched.
9.2 We shall not be liable in respect of any claim unless we are notified in accordance with paragraph 11.1 except where you demonstrate to our reasonable satisfaction that it was not possible to comply with this requirement and your claim was made by you as soon as reasonably possible thereafter.
10. WRITTEN COMMUNICATIONS
11.1 You must give notice to Bestevenn Limited either at its registered office by registered post at your cost or by email at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in the way specified in paragraph 10. Notice will be deemed received and properly served:
11.1.1 within 1 working day when given electronically; and
11.1.2 3 working days after the date of posting of any letter when served by post.
11.2 In proving the service of any notice, it will be sufficient to prove that such notice was properly addressed and sent.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
12.1 The Contract is binding on you and us and on our respective successors and assigns.
12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13. EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
13.2.1 Strikes, lock-outs or other industrial action;
13.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
13.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
13.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
13.2.5 Impossibility of the use of public or private telecommunications networks; and
13.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
14.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default
14.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 11 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. ENTIRE AGREEMENT
16.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
16.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
16.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
17.1 We have the right to revise and amend these terms and conditions from time to time.
17.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
18. THIRD PARTY RIGHTS
The Contract is between you and us. No other person has any rights to enforce any of its terms.
19. LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by the laws of England. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England.
20. CALL RECORDING
We want to ensure that all calls are dealt with in a consistently professional manner and, therefore, calls may be recorded for monitoring purposes. You will also be advised of this at the start of each call if the call is being recorded. If you do not consent to such recording, please let us know and we will either remove the recording from our calls with you or we will contact you by other means.