1. These terms and conditions
What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods (for example, watches and watch straps) or services (for example, advice).
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 products to you, how you and we may change or end the contract,
what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
Who we are. We are Bold Timepieces. Bold Timepieces is ran by the sole trader Bill Middleton Penaluna of 4 Crofts End Road, St.George, Bristol, BS5 7UW.
How to contact us. You can contact us by telephoning 07454368423 or by writing to us at firstname.lastname@example.org.
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.
"Writing" includes emails. When we use the words "writing" or "written" in these terms and conditions, this includes emails.
3. Our contract with you
How we will accept your order.
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we cannot accept your order.
If we are unable to accept your order, we will inform you of this and will not charge you for the product or service. This may be because, amongst other things, the product is out of stock, unexpected limits
on our resources which we could not reasonably plan for, we have identified an error in the price or description of the product, or we are unable to meet a delivery deadline you have specified.
4. Our products
Products may vary slightly from their pictures.
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of
the colours accurately reflects the colour of the products. Your product may vary slightly from those images. The packaging of the product may vary from that shown in any images on our website.
5. Your rights to make changes
If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see section 8 below- Your rights
to end the contract).
6. Our rights to make changes
Minor changes to the products.
We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
7. Providing the products
The costs of delivery will be as displayed to you on our website.
When we will provide the products.
During the order process we will let you know when we will provide the products to you. If the products are goods we will deliver them as soon as reasonably possible and in any event within 30 days after the day on which we accept your order or we will contact you within 30 days after the day on which we accept your order to agree a delivery date. If the products are one-off services, we will begin the service on the date agreed with you during the order process.
We are not responsible for delays outside our control.
If our supply of the products is delayed by an event outside our control, 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 products you have paid for but not received.
If you are not at home when the product is delivered.
If no one is available at your address to take delivery and the products cannot be posted through your letterbox, a note will be left for you informing you of, or we will contact you to inform you, how to rearrange delivery. If, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and section 10 below will apply.
When you become responsible for the goods.
A product will be your responsibility from the time we deliver the product to the address you gave us or you, or a carrier organised by you, collect it from us.
When you own goods.
You own a product once we have received payment in full.
Reasons we may suspend the supply of products to you.
We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see section 6 above).
Your rights if we suspend the supply of products.
We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it,
or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
We may also suspend supply of the products if you do not pay.
If you do not pay us for the products when you are supposed to (see section 12 below) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products.
8. Your rights to end the contract
You can always end your contract with us.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back),
see section 11 below.
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 (a) to (e) below the contract will end immediately
and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products 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 (e) you have a legal right to end the contract because of something we have done wrong.
Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days
and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms and conditions.
When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
(a) services, once these have been completed, even if the cancellation period is still running;
(b) any products which become mixed inseparably with other items after their delivery.
How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
(c) Have you bought services? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
(d) Have you bought goods? If so you have 14 days after the day you (or someone you nominate) receives the goods.
9. How to end the contract with us (including if you have changed your mind)
Tell us you want to end the contract.
To end the contract with us, please call me on 07454368423 or email email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
Returning products after ending the contract.
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them or post them.
When we will pay the costs of return.
We will pay the costs of return:
(a) if the products are faulty or misdescribed;
In all other circumstances you must pay the costs of return.
How we will refund you.
We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds if you are exercising your right to change your mind.
If you are exercising your right to change your mind:
(a) 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 them in a way which would not be permitted
in a shop. 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.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
(c) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told
us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
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:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier,
the day on which you provide us with evidence that you have sent the product back to us.
(b) In all other cases, your refund will be made within 14 days of you telling us that you have changed your mind
10. Our rights to end the contract
We may end the contract if you break it.
We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due; or
(b) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
You must compensate us if you break the contract.
If we end the contract in the situations set out above, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. If there is a problem with the product
How to tell us about problems.
If you have any questions or complaints about the product, please contact us. You can telephone 07454368423 or email firstname.lastname@example.org
Summary of your legal rights.
We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product.
Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk
or call 03454 04 05 06.
If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product
your legal rights entitle you to the following:
· up to 30 days: if your goods are faulty, then you can get an immediate refund.
· up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
· up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
If your product is services, the Consumer Rights Act 2015 says:
· you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
· if you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
· if you haven't agreed a time beforehand, it must be carried out within a reasonable time.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
12. Price and payment
Where to find the price for the product.
The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see below for what happens if we discover an error in the price of the product you order.
What happens if we got the price wrong?
It is always possible that, despite our reasonable care, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's 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. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
When you must pay and how you must pay.
We accept payment with Visa (Debit & Credit), Mastercard (Debit & Credit) and American Express. When you must pay depends on what product you are buying:
(a) For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
(b) For services, you must pay for the services, before we start providing them. We will charge your credit or debit card before we dispatch the products to you.
What to do if you think an invoice is wrong.
If you think an invoice is wrong, please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
13. Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
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; for fraud or fraudulent misrepresentation;
for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987.
We are not liable for business losses.
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit,
loss of business, business interruption, or loss of business opportunity.
14. How we may use your personal information
How we will use your personal information.
15. Other important terms
We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation.
You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
Nobody else has any rights under this contract (except someone you pass your guarantee on to).
This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained above in respect of our guarantee.
Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs 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
Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
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 products in the English courts.