CONDITIONS OF SALE
The following standard conditions apply to every order accepted by us for the Goods.
1.1 In these Conditions
“Conditions” means our standard conditions of sale set out in this hyperlink (headed “CONDITIONS OF SALE”) that you must click/pass through before registering as a user of the Website and placing any Order;
“the Contract” means the Order and our acceptance of it together with the Conditions;
“the Goods” means the products shown on the Website that are the subject of the Contract;
“Information” means the information set out on the email sent by us to you under Condition 2.3 which contains information about us and your rights of cancellation;
“the Order” means the electronic order placed by you via the Order Form that appears at the end of the Conditions for the provision of the Goods;
“Order Form” means the electronic order form with mandatory fields contained within it completed by you so as to place the Order;
“Website” means this our website accessible through the following domain names/URL:
“we” “us” “our” means Burnhill Services Limited (company number 4499108) whose registered office is at Unit C, Middleton Business Park, Cartwright Street, Cleckheaton, West Yorkshire, BD19 5LY; and
“you” your” means the person whose Order is accepted by us.
2 Prior Information, Offer and Acceptance
2.1 We will sell and you will purchase the Goods in accordance with any Order that we accept, subject to these Conditions.
2.2 On placing any Order we shall send to you an email in standard form to the email address stated on the Order Form to confirm that we have received your Order. For the avoidance of doubt this confirmation is not our acceptance of the Order.
2.3 We will accept the Order by sending you an e-mail in standard form to the e-mail address stated in the Order Form when we are in a position to do so. Our acceptance email will contain the Information.
2.4 Our acceptance of the Order will be valid notwithstanding that you do not open either of the e-mails sent under Condition 2.2 and Condition 2.3.
2.5 Our acceptance of the Order will be valid notwithstanding that the e-mail sent under Condition 2.3 was sent to an e-mail address not used by you, provided that the e-mail corresponds to that shown on the Order Form.
2.6 We have the right not to accept an Order for any reason whatsoever.
3.1 You are responsible for the accuracy of the Order and the information provided to us on the Order Form.
3.2 You are not entitled to cancel an Order once that order has been accepted by us otherwise than in accordance with these Conditions.
4.1 The price of the Goods is the price shown on our website at the time of the Order.
4.2 The price of the Goods is inclusive of Value Added Tax (where applicable).
5 Delivery Charge
5.1 A charge is payable for the delivery of the Goods. The standard delivery charge is calculated automatically and will be clearly shown in your shopping basket.
5.2 The amount of the delivery charge will only be refundable on any return of the Goods if the Goods are retuned in accordance with these Conditions.
6.1 We will only accept payment from you that is made by way of a credit card or debit card that is recognised by the Website’s payment gateway.
6.2 All credit card and debit card details are checked and verified by a third party.
7.1 Delivery of the Goods will be by authorised courier or post.
7.2 Delivery will only be made once authorisation of the credit card or debit card payment has been received. If authorisation is declined, we will inform you of this by email.
7.3 We will aim to make delivery of the Goods to addresses inside the United Kingdom within 1 to 5 days of authorisation of the credit card or debit card payment being received.
7.4 The period in which delivery of the Goods is made may vary from one Order to another according to demand for the Goods that are the subject of the Order.
7.5 For the avoidance of doubt periods quoted for the delivery of the Goods are approximate only.
7.6 Time of delivery is not of the essence.
7.7 When taking delivery you must ensure that the package(s) are undamaged you should notify our customer services team immediately if any of the packages or products are missing or damaged.
8 Right to Return & Repayment
8.1 You have the right to cancel the Contract and return the Goods to us if you send a notice of such cancellation to us within 14 days beginning on the day you receive the Goods.
8.2 The notice of cancellation must be sent either by e-mail to the e-mail address for us shown on the Information Page or by post to the address for us shown on the Information Page.
8.3 We will reimburse you the sum paid by you for the Goods excluding the delivery charge paid by you as soon as possible and in any case within 30 days of our receiving your notice of cancellation.
8.4 You must return the Goods to us in an unused state and in the original packaging within 30 days beginning on the day you receive the Goods
9 Risk & Title
Title and risk of damage to or loss of the Goods will pass to you once the Goods are delivered to the geographical address given by you on the Order Form.
10.1 We will not be liable for late or non-delivery of the Goods caused as a result of the third party used by us to take payment under Condition 6 terminating or suspending its agreement with us.
10.2 We will not be liable for late or non-delivery of the Goods caused by the third party used by us to take payment under Condition 6 classing your payment as Declined, Referral or Not Authorised.
10.3 We will not be liable for any loss you suffer as a result of inaccurate information on the Order Form.
10.4 The Goods may occasionally be out of stock. Where the Goods are not available We will endeavour to deliver them to you as soon as practicable. In the event that delivery of the Goods is not possible within 30 days we will only be liable to you for the price of the Goods and any delivery charges paid by you in respect of the Goods.
10.5 We will not be liable for any loss suffered by you as a result of any delay in dispatch or delivery of the Goods.
10.6 We will not be liable for any loss suffered by you for late or non-delivery of the Goods to countries outside of the United Kingdom caused by either Customs & Excise in the case of the UK or any boarder control authority in the case of the destination country. We will only refund the price and delivery charges to you in these circumstances if the Goods are returned to us.
10.7 You must inspect the Goods immediately upon receiving them. We will not be liable for any defects if the Goods are not returned to us in accordance with Condition 8.
10.8 If any items are missing from your delivery, you must notify us that of the missing item(s) within 48 hours of receipt of your delivery.
10.9 We will not be liable for any damage to the Goods caused by wear and tear.
11 Indemnity10.7 You must inspect the Goods immediately upon receiving them. We will not be liable for any defects if the Goods are not returned to us in accordance with Condition 8.
You undertake to indemnify us against the claims relating to or arising from the Goods sold to you by us in respect of any loss, damage or expense sustained by a third party howsoever caused save for death or personal injury caused in whole or in part by our negligence.
12 Data Protection
12.1 The information that you input on the Order Form (“Order Data”) will be treated as confidential and will be held by us in a secure manner for as long as we consider necessary for ensuring that the Contract is performed by you and us as the case may be.
12.2 The period that the Order Data is held by us under Condition 12.1 will differ from Contract to Contract in each case.
12.3 Once we consider that holding the Order Data is no longer necessary, the Order Data will be destroyed in a secure manner.
12.4 We will not pass the Order Data to any third party.
12.5 We may use the Order Data for our own advertising purposes only if you have given consent to this at the point of registering to use the Website.
13 Force Majeure
13.1 We will not be liable to you or be deemed to be in breach of the Contract by reason of any delay in performing, or failure to perform, any of our obligations in relation to the Contract if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control:-
13.1.1 Act of God, explosion, flood, tempest, fire or accident;
13.1.2 war or threat of war, sabotage, civil disturbance or requisition;
13.1.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
13.1.4 import or export regulations or embargoes;
13.1.5 strikes, lock-outs or other industrial actions or trade disputes (whether involving any of our employees or a third party);
13.1.6 difficulties experiences by our suppliers in obtaining raw materials, labour or machinery;
13.1.7 power failure or breakdown of our suppliers’ machinery.
14.1 Save for any of our own branded products when the intellectual property rights shall be ours, any intellectual property rights that subsist in the Goods shall belong to a third party and you must not do anything that will cause or result in the breach of any such intellectual property rights, including any intellectual property rights that are or may be ours.
14.2 If you make any voluntary arrangement with your creditors or become subject to an administration order or become bankrupt; or (being a company) go into liquidation (other than from the purposes of amalgamation or reconstruction) or an encumbrancer takes possession, or a receiver is appointed, over any of your property or assets, then we will be entitled to cancel any uncompleted Order or to withhold or suspend delivery of any Goods and you will indemnify us against all loss including loss of profit, costs and all other expenses and damages connected with the Order.
14.3 Any notice required or permitted to be given by either party under these Conditions will be acceptable as follows:
14.3.1 to us in writing sent by post to the geographical address shown on the Information Page or by e-mail sent to the e-mail address shown on the Information Page; and
14.3.2 to you by writing sent by post to the geographical address shown on the Information Page by e-mail sent to the e-mail address shown on the Information Page.
14.4 If any of the provisions of this Contract is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions in question shall not be affected thereby.
14.5 The Contract shall be governed by the laws of England and for the purposes of settlement of any disputes arising out of or in conjunction with these Conditions or the Contract the parties hereby irrevocably submit themselves to the exclusive jurisdiction of the English Courts.