B.J. Sherriff Purchase Policy B.J. SHERRIFF, of No.1 Carclew Road, Mylor Downs, Falmouth, Cornwall, United Kingdom, TR11 5UN, herein referred to as ‘B.J. Sherriff’ or ‘We’ or ‘Supplier’, have created these terms and conditions to govern the purchase and supply of the Product and to govern the relationship between the Supplier and you, herein referred to as the “Customer” or “You” i.e. the person (or company) visiting www.bjsherriff.co.uk (the ‘Site’).
If there is a conflict between these terms and conditions and the Dispatch Confirmation, the Dispatch Confirmation shall prevail. We reserve the right to change these Terms at any time, effective immediately upon posting on the Site. Please check the Site periodically.
To protect Your own interests, You should read these Terms carefully and ensure that You understand their effect before proceeding to use the Site and placing an order for a Product. If You disagree with any part of these Terms, do not use the Site.
If You are uncertain as to Your rights under these Terms or You want any explanation about them please Contact us. All capitalised words above are defined below.
1. DEFINITION & INTERPRETATION
1.1 The definitions and rules of interpretation apply to these Terms.
Account means the secure account created by You upon registering on the Site, which holds Your personal information and from where You can access the Services via Your username and unique password.
Working Day a day other than Saturday, Sunday or a public holiday in England and Wales.
Confirmation Email means the summary and confirmation of the order which the Supplier sends to the Customer to indicate receipt of the order only, not acceptance of the order.
Customer means the person, firm or company who purchases the Product from the Supplier. You must be eighteen (18) years old or older to use this Site and to place an order. If you are under eighteen, you may only use this Site with the agreement of, and under the supervision of, a sponsor i.e. parent, guardian, carer or other responsible adult.
DSRs refer to the Consumer Protection (Distance Selling) Regulations 2000 (“DSRs”) govern contracts formed at a distance.
Dispatch Confirmation means the summary and confirmation of the order which the Supplier sends to the Customer to indicate acceptance of the Customer’s offer and the conclusion of a binding and legally enforceable Contract for the purchase and supply of the Product (and/ or any associated service) in accordance with the terms therein and these Terms.
Mail Order refers to the method of ordering Products via a catalogue and postal service.
Force Majeure Event means any acts, events, omissions or accidents beyond the Supplier’s reasonable control, including without limitation strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
Intellectual Property Rights refers to patents, rights to inventions, copyright and related rights, trade marks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Product includes any item made available for sale and purchase via the Site.
Product Price means the final aggregate price of the Product which shall be based on the rate as stated on, and as prevailing at the date of, the Supplier’s Dispatch Confirmation.
Subject to the Delivery Costs Guide, the Product Price shall be stated to be inclusive of delivery, packaging, insurance and VAT subject to the Suppliers right to reserve to charge more delivery costs (where applicable).
Product Information means all the descriptive information and data relating to the Product as set out on the Site.
Site www.bjsherriff.co.uk (and related websites including www.bjsherriff.com and www.beesuits.com).
Services includes the provision of the Site and the retail services operated via the Site.
Supplier means B.J. Sherriff.
1.2 Condition headings do not affect the interpretation of these conditions.
1.3 A reference to a law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
2. BASIS OF PURCHASE AND SALE
2.1 The Supplier shall sell and the Customer shall purchase the Product subject to these Terms.
2.2 All orders are subject to acceptance and product availability.
2.3 An order can be placed over the internet via the Site or by telephone or Mail Order. Each order for a Product by the Customer shall be deemed to be an offer by the Customer subject to these Terms.
The Supplier will send You a Confirmation Email confirming safe receipt of Your order.
This Confirmation Email will be sent to the email address submitted by You in Your order (form) and will detail Products ordered, payment method, the Product Price and usual or estimated delivery dates and/ or times.
You must check all the details on this Confirmation Email are correct and contact us as soon as possible if any details are incorrect.
2.4 When placing an order, You agree that any and all information given is accurate and complete.
2.5 A binding Contract shall not come into existence between the Supplier and the Customer unless and until the Supplier issues a Dispatch Confirmation to the Customer, or the Supplier delivers the Product to the Customer (whichever occurs earlier).
The Contract will only relate to those Products whose dispatch We have confirmed in the Dispatch Confirmation.
We will not be obliged to supply You with any other Products which may have been part of Your original offer until the dispatch of such Products have been confirmed in a separate Dispatch Confirmation.
2.6 If Your order has not been accepted, You will receive an email from us telling You the reasons why.
2.7 We do try to ensure that We have good stock availability of all Products. However, some Products may sell quicker than anticipated. If We do not have enough stock to deliver the Product/s You have ordered, We will notify You by phone or electronic mail and We will give you the option to cancel that part of Your order or We can agree to retain the order and charge Your credit or debit card when the Products are back in stock and ready to be despatched.
2.8 During registration for Your online Account, in order to provide You with maximum protection, You will be asked to input Your username and to choose a password to access your Account on the Site to make ordering easier. You will keep Your password relevant to the Site and the Services confidential and not reveal it to anyone else. You are responsible for all activities that are carried out under Your username and password. You agree to notify B.J. Sherriff immediately by email to firstname.lastname@example.org of any unauthorised use of Your Account of which You become aware (with “IMPORTANT – MY ACCOUNT” in the subject line).
2.9 A violation of this Agreement may lead to a suspension or termination of Your Account. B.J. Sherriff reserves the right to suspend or terminate Your Account with immediate effect while an investigation is conducted. Your Account may be reactivated once an investigation has been completed at our sole discretion.
2.10 Discount vouchers, codes and offers cannot be used on sale products.
3. PRODUCT INFORMATION
3.1 The Product Information shall be as set out on the Site.
3.2 All samples, drawings, descriptive matter, specifications and advertising issued by the Supplier, and any descriptions or illustrations contained in the Supplier’s catalogues or brochures are issued or published for illustrative purposes only.
3.3 We have taken every measure to provide accurate Product images for each Product for sale on the Site. However, due to a number of different factors such as Internet browsers, monitor colour contrasts etc, We cannot be held responsible or liable for any differences in colour between the image and the actual Product.
3.4 Any typographical, clerical or other error or omission in any sales literature, price list, Confirmation Email, Dispatch Confirmation or other document or information issued by the Supplier shall be subject to correction without any liability (except as set out below) on the part of the Supplier. The Supplier reserves the right (but does not assume the obligation) to make any amendments or changes to the same at any time and without notice.
3.5 If an error is discovered in the price of a Product and You have placed an order for that Product at the incorrect price, We will email You to inform You that We have not accepted Your order and that Your order has been cancelled. You will be advised of the correct price of the Product. You may re-order it if you wish. If You have already paid for the Products in the circumstances described in this Condition, We shall refund the full amount within thirty (30) days of acknowledgement by us of receipt of Your notice of cancellation. Should you choose to re-order at the correct price, a separate transaction will be posted to Your credit card.
3.6 The Supplier reserves the right (but does not assume the obligation) to make any changes in the specification (e.g. measurements, design, legal conformities etc) of the Product which are required to conform to any applicable legislation and which do not materially affect quality.
4.1 The Customer shall pay the Product Price as agreed and accepted with the Supplier in the Dispatch Confirmation.
4.2 All prices of Products charged to a Customer are reviewable by the Supplier and any revised prices and charges shall take effect immediately upon posting on the Site and will be applicable to all orders made after such posting.
4.3 All prices listed on the Site are correct at the time of entering the information, however, We reserve the right to change prices of any Product at any time. All prices include VAT at the applicable rate for adult Products and at 0% for children’s clothing and gift vouchers (if applicable).
4.4 Telephone or Mail Order purchases incur slightly higher rates than online ordering due to more administration involved in processing Your order.
5.1 Subject to any special terms agreed in writing between the Customer and the Supplier, You authorise the Supplier and its agents to accept any credit or debit cards or other forms of payment approved by B.J. Sherriff in connection with the payment of the Product Price via the Site including Mastercard and Visa credit cards and Visa and Maestro debit cards.
5.2 Time for payment of the Product Price shall be of the essence and the terms of payment are that the Product Price must be paid in full prior to dispatch for delivery. If the Customer fails to comply with this payment condition, conditions listed at 5.3 may be invoked with immediate effect.
5.3 If the Customer fails to make payment in full on the due date, the whole of the balance due in relation to the Product then outstanding shall become immediately due and payable and, without prejudice to any other right or remedy available to the Supplier and until the payment has been made in full, the Supplier may: (a) suspend delivery of the Product (and/ or any other Product (whether ordered at the same time or not)) to the Customer; (b) charge interest on the amount outstanding from the due date to the date of receipt by the Supplier (whether or not after judgment) under the Late Payment of Commercial Debts (Interest) Act 1998;and, (c) stop any Product in transit.
5.4 The Supplier may, without prejudice to any other rights it may have, set off any liability of the Customer to the Supplier against any liability of the Supplier to the Customer.
5.5 Whichever method of payment is processed on or off the Site, payment will be taken exclusively in GBP£ sterling.
6.1 The Supplier shall use its reasonable endeavours to deliver the Product on the date or dates specified in the Supplier’s Dispatch Confirmation, but any such date is approximate only. We cannot be held responsible for delays due to weather or other circumstances beyond our control. In this case We will deliver the Product as soon as reasonably possible. The Product may be delivered by the Supplier in advance of the approximate stated delivery date. Delivery shall be made during normal business/ working hours (excluding bank or public holidays) and Saturdays cannot be guaranteed.
6.2 If You are ordering more than one Product, Your Products may be sent to You in instalments if certain Products are out of stock.
6.3 If Your delivery address is outside of the UK, You may have to pay import duties and taxes, which are levied once a shipment reaches Your country. You must meet any additional charges for customs clearance. Please note, customs policies vary widely from country to country. We recommend You contact Your local customs office for further information. Please note international shipments may be subject to cross-border inspections by customs authorities. For the avoidance of doubt, B.J. Sherriff will not be responsible for any charges levied on You and/ or Your Product delivery under this condition.
6.4 Your delivery name and address input via the Site or in writing via Mail Order or relayed over the telephone must be accurate and include a valid postcode. No responsibility can be taken for Products being delivered to the wrong address. You are strongly advised to provide us with Your contact telephone number and email address.
6.5 Telephone or Mail Order orders incur postage cost dependent on the weight of the item and do not benefit from Special Offers which are only available for online purchases.
6.6 The Supplier may levy additional charges for any deliveries made outside normal business hours e.g. Saturdays (or to Northern Ireland, Scottish Highlands, Scilly Isles, Isle of Man and the Channel Islands or anywhere else outside of the United Kingdom) or at the Customer’s request but You will be informed about this before payment is taken. Please see our Delivery Costs Guide for further information on delivery costs for Mainland UK, Europe and related countries and USA, Canada, Australia and New Zealand.
7. RISK AND PROPERTY
7.1 The Product shall be at the risk of the Supplier until delivery to the Customer at the place of delivery specified in the Supplier’s Dispatch Confirmation. The Supplier (or the authorised delivery company) shall off-load the Product.
7.2 Ownership of the Product shall pass to the Customer on the later of completion of delivery (including off-loading), or when the Supplier has received in full in cleared funds all sums due to it in respect of the Product. Until ownership of the Product has passed to the Customer under this condition 7, the Customer shall: (a) hold the Product on a fiduciary basis as the Supplier’s bailee; (b) store the Product (at no cost to the Supplier) in satisfactory conditions; (c) not destroy, deface or obscure any identifying mark or packaging on or relating to the Product; and (d) keep the Product insured on the Supplier’s behalf for its full value against all risks to the reasonable satisfaction of the Supplier.
7.3 Your right to possession of the Product before ownership has passed to You shall terminate immediately if You encumber or in any way charge the Product, or if You fail to make any payment to the Supplier on the due date. You grant the Supplier, its agents and employees an irrevocable licence at any time to enter any premises where the Product is or may be stored in order to inspect it, or where Your right to possession has terminated, to remove it. All costs incurred by the Supplier in repossessing the Product shall be borne by You.
7.4 On termination of this Contract for any reason, the Supplier’s rights in this condition 7 shall remain in effect.
8. CANCELLATIONS, RETURNS, EXCHANGES AND REFUNDS
8.1 If You haven’t submitted an order, You may clear the items in Your shopping basket at any time by clicking the ‘Remove’ button next to the product You do not wish to purchase in Your shopping basket. If You have placed an order but then wish to change or cancel it, please contact us as soon as You can and We will try our best to make any changes but We cannot guarantee that We will be able to do so as the order may already have been processed. In such cases, You may have to wait until You receive the order and then You can exercise Your statutory cancellation rights under the DSRs as in condition 8.2 and follow the normal returns procedure set out in our Returns Form.
8.2 If You are within the Europe, the DSRs give You seven (7) Working Days to inspect the Product upon delivery and to opt to exercise your right of cancellation. This means that if You change Your mind about the Product or for any other reason You decide You do not want to keep the Product, please provide a written notice of cancellation. If You cancel Your order, please do so by sending an email to email@example.com (with “CANCELLATION” in the subject line), or by writing to the Supplier B.J. Sherriff, of No.1 Carclew Road, Mylor Downs, Falmouth, Cornwall TR11 5UN. Subject to condition 8.7, once We have heard from You that You wish to cancel an order, any sum debited to us from Your credit or debit card will be re-credited to that credit or debit account within thirty (30) days of us receiving the returned Product in the same condition that they were when delivered to You.
8.3 You are under a statutory duty throughout the period in which You retain possession of the Product to take reasonable care of it. Examples of a failure to take reasonable care of the Product may include if You use the Product and if You remove the Product from its packaging and fail to properly repack it. You agree to return the Product in full, in a resalable condition and securely packaged (properly repacked in the original packaging if it was removed from it).
8.4 If Your failure to take reasonable care of the Product means that it cannot be resold as new, We reserve the right to apply a charge and to withhold payment of part of the refund in respect of the Product as compensation for our loss on this Product. If Your failure to take reasonable care of the Product means that it cannot be resold at all, We reserve the right to apply a charge and to withhold payment of all of the refund in respect of the Product as compensation for our loss on this Product.
8.5 If You wish to cancel Your order, return Your Product and/ or exchange a Product, please follow the procedure set out in our Returns Form.
8.6 We are happy to exchange a Product for the same item where the Product is damaged, faulty or incorrectly shipped through any circumstance that is in our error within twenty-eight (28) days from the date of the invoice. For more information, please refer to our Returns & Exchange Form. Simply complete this form and pop it in the post with Your returned Products or Products to be exchanged. There will be exchange and return address labels to use on Your package, but You will need to pay the postage costs. Once We have received Your Products and the form, We will post Your new exchange back to You for free.
8.7 The Supplier shall NOT be liable to pay for the return of the Product whether under the DSRs or otherwise (unless the Product is defective, faulty, damaged or does not substantially conform to the Product Information). You agree to return the Product at Your own expense and failure to do so will automatically authorise the Supplier to take recovery of the Product and to charge You for the recovery. We recommend that You use a registered postal service to return any Product to us. All Products are returned at Your own risk and We will not be held liable for lost or damaged parcels. We will make all refunds to the card used for payment. The refund will consist of the Product Price inclusive of a standard delivery fee less any charges for failure to take reasonable care of the Product and any recovery fees. If You paid for a delivery which cost more than the Royal Mail Standard post to the UK Mainland, We will only refund up to the cost of this standard delivery i.e. no other delivery method cost is refundable. You will have to pay the costs of sending the order back to us. We will not refund any postage and packing charges if You cancel after the seven (7) days allowed under the Distance Selling Regulations or if You only cancel part of Your order (although You still have twenty-eight (28) days to return Your Products and receive a refund for the cost of the Products as indicated on the Returns Form).
8.8 If You cancel Your order under the DSRs and We do not receive them back from You, We may charge a collection fee for the cost of having the Product collected on Your behalf which should be approximately the same as the initial cost of delivering the Product. You agree that We may set-off the collection fee against any sums being refunded to You. If You are returning Your Product because it is damaged, faulty or does not substantially conform to the Product Information, no collection fee may be charged.
9.1 Unless You notify the Supplier in writing of the failure to deliver within seven (7) days after the scheduled delivery date, claims related to non-delivery may be reduced or rejected if We have not been given an immediate opportunity to put matters right. Any liability of the Supplier for non-delivery of the Product shall be limited to replacing the Product within a reasonable time or issuing a part or full refund of the monies paid for such Product.
9.2 In the unlikely event that You receive Products which are not what You ordered, We shall collect such Products at our expense. If You receive Products which are damaged or defective or do not substantially conform to the Product Information, We shall replace or repair such Products. If You do not receive delivery or You receive Products of an incorrect quantity to that stated on Your order form, We shall make good any non-delivery or shortage. In all the circumstances set out in this condition, You may have the option (at the Supplier’s discretion) to receive a refund for the amounts You paid for the Products at issue PROVIDED THAT the Product has been handled in accordance with the Supplier’s stipulations and You notify us of the problem in writing at the address stated in the Dispatch Confirmation within seven (7) Working Days of delivery (or proposed delivery (in the case of non-delivery)) of the Products and You return the Products to us, unless We inform You that returning the Product is unnecessary.
9.3 Subject to the related conditions in these Terms, the Customer’s sole and exclusive remedy under these Terms is the repair or replacement of the Product or a refund of the Product Price.
10. LIMITATION OF LIABILITY
10.1 The following provisions set out the entire financial liability of the Supplier (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of: (a) any breach of these Terms; and, (b) any representation, statement or tortious act or omission (including negligence) arising out of or in connection with these Terms.
10.2 All warranties, conditions and other terms whether express or implied by statute or common law are excluded from these Terms to the fullest extent permitted by law. However, nothing in these conditions excludes or limits the liability of the Supplier for: (a) death or personal injury caused by the Supplier’s negligence; or (b) fraud or fraudulent misrepresentation.
10.3 Subject to condition 10.2, if You or the Supplier are in breach of these Terms, neither party shall be responsible for any losses that the other suffers as a result, except those losses which are a reasonably foreseeable consequence of the breach. The losses are foreseeable where they could be contemplated by either party at the relevant time.
10.4 The Products sold on the Site are provided for non-commercial purposes only. Accordingly, You or the Supplier are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable (such as consequential loss, loss of profits, loss of opportunity, loss of income or profit, loss of damage to property and/or loss from claims of third parties). The Supplier’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the price paid by You for the Product i.e. the Product Price.
10.5 These Terms do not affect Your statutory rights as a consumer.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 You acknowledge that all Intellectual Property Rights used by or subsisting in the Product are and shall remain the sole property of the Supplier or (as the case may be) may subsist as third party rights, the owner of which is affiliated to the Supplier in the course of business as a licensor.
11.2 The Supplier’s Intellectual Property Rights in and relating to the Product shall remain the exclusive property of the Supplier or its’ licensors and You shall not at any time make any unauthorised use of such Intellectual Property Rights, nor authorise or permit any agents or contractors or any other person to do so.
12. DATA PROTECTION
13. FORCE MAJEURE
The Supplier reserves the right to defer the date of delivery, or to cancel the Contract with no liability if it is prevented from or delayed in carrying on its business by a Force Majeure Event.
Assignment You shall not, without the prior written consent of the Supplier, assign, transfer, charge, sub-contract or deal in any other manner with all or any of Your rights or obligations under the Contract. The Supplier may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Contract. Enforceability If any one or more of the provisions of this Contract should be held to be invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions contained in this Contract shall not in any way be affected or impaired and the parties shall amend this Contract to add a new provision having an effect as near as legally permissible to the one held to be invalid, illegal or unenforceable. Entire Agreement Each of the parties acknowledge and agree that in entering into the Contract it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this Contract or not) relating to the subject matter of this Contract other than as expressly set out in this Contract. Remedies Not Exclusive The rights and remedies of the parties set out in this Contract are cumulative and not exclusive of any other rights or remedies provided by law. Waiver A waiver of any right under the Contract is only effective if it is in writing and signed by or on behalf of the waiving party, and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
15. THIRD PARTY RIGHTS
The Contract is made for the benefit of the parties to it and (where applicable) their successors and permitted assigns, and is not intended to benefit, or be enforceable by, anyone else.
16. GOVERNING LAW AND JURISDICTION
We will try and solve any disagreements quickly and efficiently. If You are not happy with the way We deal with any disagreement and You want to take court proceedings, You must do this within England. Relevant English law will apply to the Contract and the relevant courts of England will have exclusive jurisdiction in relation to the Contract.