Conditions of Use
TERMS AND CONDITIONS
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS FOR FUTURE REFERENCE.
1. Formation of Contracts.
1.1 These terms of sale apply to all goods supplied by BM & Partners (My Beautiful Mini) (the Supplier - we, our or us).
1.2 No contract exists between you and us for the sale of any goods until we have received and accepted your order, Acceptance of your order takes places upon dispatch of the product. Once we do so, there is a binding legal contact between you and us. It is your responsibility to ensure that correct goods for your purpose are ordered. You must inform us of any order errors or variations required prior to dispatch of the goods. If you fail to provide notification then you will be responsible for the return postage costs of incorrectly purchased products. You must ensure that you cancel your order in line with our returns policy.
1.3 The contract is subject to your right of cancellation (see below - clause 6), these rights do not apply to any orders for goods made to your own specification or personalised or sales to business consumers.
1.4 We reserve the right to amend or vary the terms and conditions for legal, regulatory, security reasons or to meet the changing needs of the business. Any changes will be posted on the website and available to view prior to purchasing. Should any changes be necessary those consumers affected will be notified of any relevant amendments to the terms and conditions.
2. Description and price of the goods
2.1 We have taken all reasonable precautions to ensure that the descriptions and prices provided are correct. Orders will only be confirmed as accepted if there are no material errors or changes to the description or the advertised price of the goods, where a variation is noted this will be communicated to you before acceptance of your order. Any alterations to the description or price will be communicated to you and you can then decide whether to withdraw your offer to purchase.
2.2 The goods are subject to availability. If on receipt of your order the goods ordered are not available in stock, we will advise you of an approximate delivery date before acceptance of your order, you can then choose to continue with your order or withdraw your order.
2.3 Whilst we try to provide an accurate representation of the colour of the products, the colour may vary depending on your monitor and may not accurately reflect the product on delivery. If the colour of the product is of importance then please contact us to discuss your requirements prior to ordering.
2.4 The delivery price of the goods is shown at checkout before you place your order. Items placed into the basket will generate a postage cost which can be viewed prior to final confirmation of the order.
3. Title and ownership
3.1 Title and ownership to the goods shall remain with us until we have received payment in full from you for those products.
3.2 If your payment is not received or your card is declined and the goods have been dispatched you are required to pay for the goods or return them to us in the same condition that you received them in, and the return will be at your own expense. If you fail to return the goods within a reasonable period of time we may choose to collect or arrange for collection of the goods at your expense. We reserve the right to charge you for any damage caused to the goods.
Payment for the goods and delivery charges can be made by any method shown on our website at the time you place your order. All goods shall be paid for in full at the time the order is placed. Goods may be paid for by Visa / Mastercard / Switch/Pay Pal or by cheque. If payment is made by cheque 5 working days must be allowed for clearance prior to the goods being despatched.
5.1 The goods you order will be delivered to the address given when you place your order. Some parts of Scotland, Northern & Southern Ireland, Channel Islands, Isle of Man and Isle of Wight may have excess charges. You are advised to ring 01138156363 for charges..
5.2 If delivery cannot be made to your address, we will inform you prior to acceptance of your order
5.5 All our goods are delivered by Royal Mail or a courier. Every effort will be made to deliver the goods within the stated time and in any event within 30 days of your order. However we shall be under no liability for any delay or failure to deliver if the delay or failure is wholly or partly caused by circumstances beyond our control If at all possible, we will inform you as soon as possible of any expected delays.
5.6 You should check all products you receive against the order upon delivery. If the product is damaged or incorrect or there are shortages noted or delivery refused, you must note the details and notify us directly by email within a reasonable period of time. You must return the products to us as soon as possible.
5.7 (Subject to Clause 3.1 above) All risks in the products you order (including risk of loss of or damage to the product) shall pass to you when they are delivered to the delivery address specified in your order.
If you request that your goods be left without signature We cannot guarantee that the carriers will leave goods without a signature. If they refuse to do so they will leave a card requesting you to contact them with a date when a signature can be obtained.
If, at your request, the carriers do leave the goods without a signature, then you accept all liability for any subsequent loss, damage or theft of the goods.
6. Your right of cancellation
6.1 If you are a UK/EU consumer you have the legal right Under the Consumer Protection (Distance Selling) Regulations 2000 to cancel the contract within 7 working days beginning the day after receipt of the goods. A working day is any day other than weekends and bank or other public holidays.
Please be advised that your right to cancel under the Consumer Protection (Distance Selling) Regulations 2000 does not apply to certain products, in this instance goods made to your own specifications or personalised products. The legal right to cancel only applies to consumer transactions and therefore business buyers will not have a legal right to cancel under the regulations.
6.2 To exercise your right of cancellation you must give written notice to us by post, or email, within 7 working days at the address, or email address shown on our web site, giving details of the goods ordered, your name & address and order number.
6.3 When cancelling under your legal rights you will be responsible for the cost of return postage. We will not be responsible for any damage or loss to the product whilst it is in your care and for that reason we recommend that the product be returned using a recorded delivery service. If products are received back damaged or are lost we reserve the right to make a claim against you for the loss or damage to the product.
PLEASE NOTE: OUR WARRANTY DOES NOT EXTEND BEYOND UK MAINLAND
7.1 All goods supplied by us are warranted free from defects for 12 months from the date of supply. This warranty does not affect your statutory rights as a consumer.
7.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, failure to maintain them in good condition, wilful damage, misuse, accident, negligence by you or any third party, use otherwise than as recommended by us or the manufacturer, failure to follow our or manufacturers installation or other instructions.
7.3 If the goods supplied to you develop a defect while under warranty, or you have any other complaint about the goods, you should notify us in writing at the address shown on our website, or email address on our web site as soon as the fault is noticed.
7.4 No Warranty claim can be accepted in respect of any goods unless they are returned to a designated address for inspection. If the goods are deemed to be faulty, we reserve the right to either repair or replace the faulty goods and you will be reimbursed the cost of the return postage
7.5 In the event that any product supplied to you is not of satisfactory quality or as described you should contact us immediately. We will inspect the product and if it is deemed to be faulty or misrepresented we may offer to repair or replace the product. Where a repair or replacement is impossible or disproportionate we may offer a reduction in price or a refund.
7.6 If after inspecting the goods we ascertain that the fault is due fair wear and tear, failure to follow the product instructions, neglect or misuse of the product then the cost of return postage will be at your own expense.
8. Data Protection
8.1 We will take all reasonable precautions to keep the details of your order and payment secure, we will not be liable for unauthorised access to information given by you unless we have been negligent and have failed to take reasonable precautions to secure your information.
8.2 We will only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise. We would like to notify you of products and offers that may be of interest to you from time to time, but if you do not wish to be notified of these, please tick the box below. You can correct any information about you, or ask for information about you to be deleted, by giving written notice to us at the address or email address shown on our website.
9. Applicable law
9.1 These terms of sale and the supply of the goods will be subject to English Law, and the English Courts will have jurisdiction in respect of any dispute arising from the contract.
10.1 nor as a waiver of any subsequent breach of the same or any other provision.
10.2 If any clause or sub-clause of these Terms is held by a competent authority to be invalid or unenforceable the validity of the other clauses and sub-clauses of these Terms shall not be affected and they shall remain in full force and effect.
10.3 We may assign novate or subcontract all or part of this Contract and you shall be deemed to consent to any novation. This contract is personal to you and it may only be assigned upon agreement in writing. (Check with UCTA)
10.4 Nothing in this contract is intended to or will grant any right to any third party to enforce any terms of this contract whether express or implied.
BM & Partners (My Beautiful Mini) is committed to the protection, of the privacy of its web site visitors. In order to respond to your questions, fulfil your requests or manage interactive customer programs, it may be necessary to ask for personal information such as your name, address, e-mail address and a contact telephone number. We may use this information to respond to your requests or to contact you via mail, e-mail, or phone to inform you of new products, services, or promotions we may offer. If you place an order for a product, request a service, or submit content to this site, we may need to contact you for additional information required to process or fulfil your order and/or request. However, unless compelled by applicable legislation, we will not provide this information to a third party without your permission, except as necessary to process your order, fulfil your requests or manage interactive customer programs. Please note that we may provide aggregate statistics about our customers; sales, traffic patterns and related site information to reputable third-parties, but these statistics will include no personally identifying information.
From time to time, we send out e-mails containing details of new products, special offers, to all our NEW MINI OWNERS. If you prefer not to receive these e-mails and newsletters, please follow the UNSUBSCRIBE instructions at the end of the newsletter. Every attempt is made to remove your name from the e-mail list in a timely manner; however if you continue to receive unwanted emails from us, please send a message to:- email@example.com