TERMS AND CONDITIONS:
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 01924965510 or email us on Hello@bsspoke.co.uk
These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are The Bsspoke Group Limited whose trading name is Bsspoke a company registered in England and Wales under number 13795558 whose registered office is at 37 Ashcroft Close , West Yorkshire, WF177dp. With email address Hello@bsspoke.co.uk ; Telephone number 01924965510 ; (the Supplier or us or we).
- These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
Consumers shall bear the meaning given in Section 12 Unfair Contract Terms Act 1977.
Buyer means the person who buys or agrees to buy the Products/ Goods from the Seller.
Contract means the legally-binding agreement between you and Bsspoke for the supply of the Goods;
Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
Website means our website www.bsspoke.co.uk on which the Goods are advertised.
- The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
- In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Goods which appear on the Website are subject to availability.
- We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
- We may contact you by using e-mail or by telephone and you expressly agree to this.
Basis of Sale
- The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
- Any quotation is valid for a maximum period of 14 days from its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business
- The free 24" headboard we provide with divan beds is a gift and does not form part of our contract with you
- Any items that is not the specified Product in the product description on the web page that appears in any photograph or illustration on the website or in product brochures will not form part of this Contract. An example of such items are lamps, bed covers, and in certain instances headboards, (unless mentioned in the product description). Such information is for illustration purposes only and may not comprise part of the Products.
- The Buyer shall not be entitled to assign the Contract or any part of it without prior written consent
Price and Payment
- The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price
as we may agree in writing.
- Prices and charges include VAT at the rate applicable at the time of the Order.
- Payment for the Products and any delivery charges can be made by any method shown on the Suppliers website at the time the Buyer places an order.
- Payment of the Price shall be due on the date of the purchase order. Payment shall be due before the delivery date and time for payment shall be of the essence.
- All delivery charges displayed on the website are accurate. The Seller will not deliver to addresses outside of mainland United Kingdom.
- We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 60 days after the day on which the Contract is entered into.
- Where a delivery date has been agreed with our carrier but the Buyer is not present to receive the delivery, the Seller reserves the right to charge the Buyer a minimum of £60 to cover the cost of the failed delivery and redelivering them.
- The Products may be delivered by the Seller in advance of the quoted delivery date providing this has been communicated to the buyer in advance.
- Generally, where an order contains more than one item all items will be delivered at the same time once all items are available.
- Deliveries made by national carriers will be delivered by one man and delivered to your front door.
- We do not accept any blame or liability for customers removing or disposing of old beds or mattresses prior to delivery. We do advise that customers only dispose of old goods after acceptance of the new goods been delivered
Deliveries made to business addresses will have the customers authority for anybody in the building to accept goods on the customers behalf. Bsspoke will accept no responsibility once the goods have been signed for at the requested address.
- In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. After we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
- If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
- If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
Bsspoke contracted deliverers will not remove existing pieces of furniture to help make room for newly delivered products. Likewise, old pieces of furniture will not be taken away. The customer must take the responsibility to organise the removal and disposal of unwanted furniture.
- You agree we may deliver the Furniture in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges
- The Goods will become your responsibility from the completion of delivery. You must, if reasonably practicable, examine the Goods before accepting them.
Bsspoke and our contracted deliverers can only deliver to your doorstep or just inside your front door. If you live in a block of flats delivery will be to the ground floor only.
Bsspoke third party contractors will not assemble any orders even if requested to do so. The assembly of orders is the responsibility of the customer. Preparation for delivery: Customers are advised when accepting goods to have protective sheets available as the goods being delivered may have transferred through a number of warehouses and delivery vehicles. Bsspoke will not accept any liability for any damage caused.
- If the buyer cancels the order when the item is out for delivery on that particular day, then there will be a £60 charge deducted from the total.
Risk and Title
- Notwithstanding any other provision herein title to the Products shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full for the Products and all other sums which are or which become due to the Seller from the Buyer on any account.
- The Seller shall be entitled to recover payment for the Products notwithstanding that ownership of any of the Products has not passed from the Seller.
- The Buyer may not use or resell the Products before ownership has passed.
- Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to vou.
Right to cancel
- Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
- The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you,
acquires physical possession of the last of the Goods. In a contract for the supply of goods over time, the right to cancel will be 14 days after the first delivery.
- To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (by email or phone).
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
- Once the Seller has been notified of the cancelling of the Contract, the Supplier will refund or re-credit the Buyer within 14 days for any sum that has been paid or debited from the Buyer's credit card for the Products upon collection of the product
Effects of cancellation in the cancellation Period
- Except as set out below, 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).
Timing of reimbursement
- 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 fees as a result of the reimbursement.
- If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you any Goods supplied.
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
Successors and our sub-contractors
- Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any subcontractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control: the party will advise the other party as soon as reasonably practicable; and
the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not beliable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.
- Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
- For the purposes of these Terms and Conditions:
- 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR
- 'GDP' means the UK General Data Protection Regulation.
- 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
- We are a Data Controller of the Personal Data we Process in providing Goods to you.
- Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- b, we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.
- Please note we do not store any credit card data on our website
- For any enquiries or complaints regarding data privacy, you can email: Hello@bsspoke.co.uk
Warranties and Liabilities
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or
breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to
both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which
would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its
business, trade, craft or profession.
- The Seller warrants that the Products will correspond with their specification at the time of delivery and will be free from defect in quality, material workmanship and condition for a period of 12 months from the date of order.
- If any Products do not conform with any of the warranty, then within 30 days of us examining the defective Products, the Seller (at the Seller's option) will either:
B. Replace such Products (or the defective part) free of charge.
- The Seller shall not be liable for a breach of the warranty in clause if:
A. The Buyer makes further use of such Products after giving notice of the defect to the Seller.
B. The defect arises as a result of fair wear and tear, wilful damage, negligence, misuse, abnormal working conditions or failure to follow our written instructions as to the storage of use of the Products.
C. The Buyer alters or repairs such Products without our written consent; or
D. The Buyer has not paid the Contract price for the Products by the Payment date.
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland, in the courts of respectively Scotland.
- We try to avoid any dispute, so we deal with complaints in the following way:
The Seller will try to respond in writing to the Buyer's complaint within 14 working days of receiving it.
Complaints and disputes
if the Buyer has a complaint about the Goods or service, the Buyer should contact Bsspoke, the Seller by:
A. Post- sent to the Address in the definitions section.
B. Electronic email to Hello@bsspoke.co.uk
Telephone on 01924 965 510
- The Seller will try to respond in writing to the Buyer's complaint within 14 working days of receiving it.
If you do not agree with our terms and conditions, please do not use our website.