TERMS and CONDITIONS (published October 2016)

Our terms and conditions apply when using our website, www.beacondesigns.co.uk, and by placing an order you confirm your acceptance of these Terms and Conditions.

 Intellectual Property

All intellectual property on our website and other marketing channels and printed materials is owned by Beacon Designs or its suppliers. All intellectual property rights are reserved.  Any exceptions must be expressly confirmed in writing by Beacon Designs.

 Use of our website

We will do our utmost to ensure that the Website is accessible at all times.  However, we will not be liable for any losses that you may suffer if the Website is unavailable at any time or for any period or your access to the Website is interrupted, restricted or delayed for any reason. Please note that access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any reasons beyond our control.

By ordering through our website, you are confirming both your legal capability to enter into binding contracts, and that you are 18 years or over. Further, you are confirming that the information provided in your order is accurate and complete, and that you will be in a position to accept delivery of the products.

If you do not comply with these Terms and Conditions, then we reserve the right to prevent you from using the website.

It is not allowed to use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

Our website may not be used to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

Systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website is NOT allowed without our express consent in writing.

The Website and these Terms and Conditions are for use within the UK. No warranties, express or implied, are given, that your use of the Website or the placing of any order through the Website complies with the laws and regulations of any jurisdiction outside England and Wales.

About us

Beacon Designs is owned by Zoe Elizabeth Moss.  Trading address is 2 High Mill Lane, Addingham, West Yorkshire LS29 0RD, email: zoe@beacondesigns.co.uk

Warranty limitations

Although we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is current.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Availability

All items are subject to availability. We will inform you as soon as possible if the Goods you have ordered are delayed or are not available.

If the Goods you have ordered are unavailable, and any alternative we offer is not suitable, we will refund all monies paid by you in connection with those Goods using the payment method you used to pay for the Goods.

Description of Goods

All descriptions of Goods are displayed and given in good faith by us, however the colours and description of materials and products given are a guide only and may vary from time to time. We make every effort to display as accurately as possible the colours and description of the Goods that appear on the Website, however, as the actual colours you see will depend on your computer monitor, we cannot guarantee that your computer monitor’s colour display will accurately reflect the colour of the Goods on delivery. We do not in any circumstances accept responsibility for the accuracy or otherwise of the advertisement nor is any kind of warranty expressed or implied by such publication.

Buying Goods

Upon placing an order with us for the purchase of Goods, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.

The Contract between you and us will only apply when we despatch the Goods to you.

Delivery and Postage

Goods will be sent to the address given by you in your order.

Orders will not be despatched for delivery by us until we have received full payment for the goods, including any applicable VAT and delivery charges, in cleared funds.

Orders received through the Website for delivery to UK addresses, will generally be processed and dispatched within three (3) working days, subject to availability of the Goods.

Orders will normally be delivered within seven (7) working days of your order being placed, however, this is approximate and may take slightly longer. In the event that delivery of your order is delayed due to unforeseen circumstances we shall contact you by e-mail or by telephone to advise you of the revised delivery date for your Goods. Please anticipate a longer delivery period where delivery periods incorporate public holidays.

 Import Duty

If you order Goods from our site for delivery to an address outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing you order with us.

Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

Limitations and exclusions of liability

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.  If you are a consumer, any statutory rights that you have, that cannot be excluded or limited, will not be affected by these terms of use.

The limitations and exclusions of liability set out in this section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

Indemnity 

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

Breaches of these terms of use 

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

• send you one or more formal warnings;
• temporarily suspend your access to the website;
• permanently prohibit you from accessing the website;
• block computers using your IP address from accessing the website;
• contact your internet services provider and request that they block your access to the website;
• bring court proceedings against you for breach of contract or otherwise; and/or
• suspend and/or delete your account with the website.

Variation 

We may revise these terms of use from time-to-time.  Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

We reserve the right to transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.  

Severability 

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

Entire agreement

These terms of use, together with our terms of sale, privacy policy, delivery information and returns and refunds policy constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction 

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

 

TERMS OF SALE

 

Purchasing Goods

To enter into a contract to make a purchase of goods from us, the following steps must be taken:-

 

• Goods you wish to purchase are to be added to your shopping cart, and then proceed to the checkout
• if you are a new customer, you must then create an account with us and log in or you may purchase as a guest; if you are an existing customer, you must enter your login details
• you must select your preferred method of delivery, confirm your order and your consent to these terms of sale
• you will be required to select your preferred method of payment – via PayPal, by bank transfer or by cleared cheque
• you will be sent an initial acknowledgment of your order
• we will then send you an order confirmation; at this point your order will become a binding contract.

 

The only language in which we provide these terms of sale is English.

 

Before you place your order, as part of the checkout process you will have the opportunity to identifying whether you have made any input errors.  You may correct any input errors at this point before you checkout.

 

 

Price and payment

Prices for each product are quoted on the individual product pages.  In the unlikely event that any prices shown are incorrect, then we will notify you before proceeding with your order.

 

In addition to the price of the products you will be required to pay a delivery charge (unless exceptions apply).  This will be as stated when you pay for the product.  For delivery charges please see our separate Delivery Terms.

 

The prices on the website include all value added taxes (where applicable).

 

Prices for products are liable to change from time to time, but changes will not affect contracts which have already come into force.

 

If you dispute any payment made to us you must contact us immediately and provide full details of your claim.  If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us: (i) an amount equal to the amount of the charge-back; (ii) all third party expenses incurred by us in relation to the charge-back (include charges made by our or your bank or payment processor or card issuer); (iii) an administration fee of GBP 140 and (iv) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees).

 

Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other charge-back, then we may terminate any contracts between you and us by giving you written notice of termination.

 

For the avoidance of doubt, if you fail to recognize or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.

 

Risk and ownership

The products will be at your risk as soon as desptach has been effected.  Ownership of the products will only pass to you upon the later of:

 

(a)  delivery of the products and

(b)  receipt by us of full payment of all sums due in respect of the products (including delivery charges).

 

 

Statutory rights 

Your statutory rights are not be affected by these terms of sale.

 

Force majeure

References to “force majeure event” mean:

 

• any event which is beyond our reasonable control
• power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.

 

Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event.

 

Cancellation by us

We reserve the right to cancel the contract if:

 

(a) there is insufficient stock to deliver the Goods you have ordered;

(b) delivery is not made to your area; or

(c) one or more of the Goods you ordered was listed at an incorrect price due to an error in the pricing information on the Website.

 

If we do cancel your contract we will notify you by e-mail. If payment has already been made, we will refund to you the full amount paid, by the payment method used, as soon as possible but in any event within thirty (30) days of your order.

 

Cancellation by you

If you are a consumer, you have a legal right to cancel your contract with us under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Your right to cancel the contract starts from the date on which we process your order and dispatch the Goods to you, which is when the contract between us is formed, and ends 14 days after the day on which you receive the Goods. This means that during this period, if you change your mind or decide for any reason that you do not want to receive or keep the relevant Goods, you can notify us of your decision to cancel the contract and receive a refund. Advice about your legal right to cancel the contract is available from your local Citizens’ Advice Bureau or Trading Standards office.

Scope of these Terms of Sale 

These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.

General terms

Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us.

No waiver of any provision of these Terms of Sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.

You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale.   Any attempt by you to do so will be null and void.

Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.