BimsonPower.com - Our Terms of Sale
1. THESE TERMS
1.1 What these terms cover.
These are the terms and conditions on which we supply goods to you.
1.2 Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are.
BimsonPower.com is the trading name of BPE Retail Limited, a company registered in England & Wales. Our company registration number is 05227575 and our registered office is at Unit 17-18 Bradley Lane, Standish, Wigan, England, WN6 0XG. We operate the website at bimsonpower.com.
2.2 How to contact us
You can contact us by calling our customer service team at 01274 680 744; writing to us at firstname.lastname@example.org; or by filling out the enquiry form on our website.
2.3 How we may contact you.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order
Our acceptance of your order will take place when we send you an email confirmation of your order, at which point a contract will come into existence between you and us. We will not accept your order until payment for the order has been confirmed. If your email confirmation does not arrive within 48 hours after you have placed your order, please contact us via email for assistance.
3.2 If we cannot accept your order
If we are unable to accept your order, we will inform you of this by contacting the e-mail and/or billing address or phone number provided at the time the order was made and we will not charge you for the goods. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the goods.
3.4 Your order number
We will assign a unique order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. OUR GOODS
A goods' true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different.
We reserve the right, but are not obligated, to limit the sales of our goods to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any goods that we offer. All descriptions of goods or pricing of goods are subject to change at any time without notice, at our sole discretion.
5. PROVIDING THE GOODS
5.1 Delivery Information
For detailed delivery information, please see our delivery policy here: Delivery Policy (bimsonpower.com).
5.2 Delivery costs
The costs of delivery will be free to most addresses in the United Kingdom based on delivery zones which are set by our couriers. However this may not apply to more remote areas such as Northern Scotland, Northern Ireland or offshore areas. If you think you may be in a remote location, please contact us using the details at clause 2.2 prior to placing your order.
5.3 When we will provide the goods
We will deliver them to you as soon as reasonably possible and generally within 2–3 working days from the point of order.
5.4 Accepting delivery
Delivery is subject to our courier’s delivery terms. Generally, you will need to be present in order to accept delivery. If you will not be present at the time of delivery, you may need to make separate arrangements with our couriers in order to receive the goods.
5.5 We will not be liable to you for failures, defects or delays in delivery caused by:
- An event which is outside of our reasonable control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received; or
- Your provision of incorrect information, such as your delivery address.
5.6 When you become responsible for the goods.
The goods will be your responsibility from the time we deliver the goods to the address you gave us.
5.7 When you own goods
You own the goods once we have received payment in full.
5.8 No international delivery
Unfortunately, we do not deliver to addresses outside the United Kingdom. You may place an order for goods from outside the United Kingdom, but this order must be for delivery to an address in the United Kingdom.
6. YOUR RIGHTS TO CHANGE YOUR MIND: OUR REFUND POLICY
61 Your legal right to change your mind
You have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including any delivery costs. This is subject to some conditions, as set out below.
6.2 Our refund policy
In addition, we, BimsonPower.com, offer our customers a refund policy which is more generous than your legal rights in the ways set out below. This refund policy does not affect your legal rights if there is something wrong with your product (for more on those rights see clause 7).
Your legal rights
How our goodwill guarantee is more generous
If you are a consumer, you have 14 days to change your mind.
If you are a consumer or a business, you have 30 days to change your mind.
6.3 When you can't change your mind
You can't change your mind about an order for goods that are made to your specifications or are manufactured specifically for an order.
6.4 The deadline for changing your mind
If you change your mind about a product you must let us know no later than 30 days after the day we deliver your product. Please see clause 8 for details on how to do this.
7. YOUR RIGHTS IF THE GOODS ARE INCORRECT OR FAULTY
7.1 You can always end your contract with us
Your rights when you end the contract will depend on whether there is anything wrong with the goods you’ve bought, how we are performing and when you decide to end the contract:
- If we have delivered incorrect goods or if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods replaced or to get some or all of your money back), see clause 8; or
- If you want to end the contract because of something we have done, see clause 7.2.
7.2 Ending the contract because of something we have done or are going to do
If you are ending a contract for a reason set out at (7.2.1) to (7.2.4) below the contract will end immediately and we will refund you in full for any goods which have not been provided. The reasons are:
- we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
- there is a risk that supply of the goods may be significantly delayed because of events outside our control;
- we have suspended supply of the goods for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
- you have a legal right to end the contract because of something we have done wrong.
8. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
8.1 Tell us you want to end the contract
To end the contract with us, please let us know by doing one of the following:
- Email or Telephone. Email us at email@example.com or call us on 01274 680 744. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- By post. Print off the Model Cancellation Form below and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
8.2 Returning goods after ending the contract
If you end the contract for any reason prior to receiving the goods, you must not accept the goods from our courier when they are delivered so that the goods can then be returned to us. If you end the contract for any reason after you have received the goods, you must return them to us. Please call us on 01274 680 744 or email us at firstname.lastname@example.org for us to arrange for a courier to collect the goods. Charges may apply for returned items after they have been dispatched in accordance with clause 8.3. Goods must be returned unused, in their original packaging and in a saleable condition.
8.3 When we will pay the costs of return
We will pay the costs of return:
- if the goods are incorrect, faulty or misdescribed; or
- if you are ending the contract because of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including if you have changed your mind in accordance with clause 7) you must pay the costs of return.
8.4 How we will refund you
We will refund you the price you paid for the goods including any delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.5 Deductions from refunds if you are exercising your right to change your mind
If you are exercising your right to change your mind, we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling of them. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
8.6 When your refund will be made
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 3-5 days from the day on which we receive the goods back from you. For information about how to return goods to us, see clause 8.2.
9. PRICE AND PAYMENT
9.1 Where to find the price for the goods
The price of the goods (which includes any VAT) will be quoted in British Pounds Sterling and will be indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the goods advised to you is correct. However please see clause 9.3 for what happens if we discover an error in the price of the goods you order.
9.2 We will pass on changes in the rate of VAT
If the rate of VAT changes between your order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
9.3 What happens if we got the price wrong
It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the goods' correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the goods' correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
9.4 When you must pay and how you must pay
We accept payment with those credit/debit cards shown on our website and with PayPal. You must pay for the goods before we dispatch them.
10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We're responsible for losses you suffer caused by us breaking this contract unless the loss is:
- Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
- Caused by a delaying event outside our control. As long as we have taken the steps set out in clause 5.5.1.
- Something you could have avoided by taking reasonable action.
- A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession.
10.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or for fraud or fraudulent misrepresentation.
11. HOW WE MAY USE YOUR PERSONAL INFORMATION
11.1 How we may use your personal information
12. OTHER IMPORTANT TERMS
12.1 We may transfer this Agreement to someone else
We may transfer our rights and obligations under these terms to another organisation.
12.2 You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
12.3 Nobody else has any rights under this contract
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4 If a court finds part of this contract illegal, the rest will continue in force
Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5 Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To BPE RETAIL LIMITED, Unit 17-18 Bradley Lane, Standish, Wigan, England, WN6 0XG.
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods:
Ordered on [*]/received on [*]:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
[*] Delete as appropriate