Terms & Conditions of Sale

Interpretation

The definitions in this clause apply in the terms and conditions set out in this document:

• Force Majeure Event: shall have the meaning given in clause 9.
• Goods: the Goods that we are selling to you as set out in the Order.
• Order: your order for the Goods.
• Order Confirmation: shall have the meaning set out in clause 2.5.
• Terms: the terms and conditions set out in this document.
• Website: www.bagofbees.co.uk
• Writing: or written includes faxes and e-mail.

Headings do not affect the interpretation of these terms.

Basis of Sale

These Terms, the Order and our prices are considered by us to set out the whole agreement between you and us for the sale of the Goods. Please check that the details in the Terms or on the Order are complete and accurate before you commit yourself to the contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents. Please ensure that you read and understand these Terms before you submit the Order, because you will be bound by the Terms once a contract comes into existence between us, in accordance with clause 2.5.

Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained on our Website, are published solely to provide you with an approximate idea of the Goods they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of the Goods.

If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.

By filling in and sending off the order form on the Website (Order), the customer makes a binding offer for the conclusion of a contract. The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion. When an Order is placed we will issue you with written acceptance of an Order (Order Confirmation).

These Terms shall become binding on you and us when we dispatch the Goods ordered to you at which point a contract shall come into existence between us.

We shall assign an order number to the Order and inform you of it in the Order Confirmation. Please quote the order number in all subsequent correspondence with us relating to the Order.

We have the right to revise and amend these Terms from time to time. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).

The Goods

We warrant that on delivery the Goods shall:

1. be of satisfactory quality;
2. be fit for their purpose; and
3. comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.

This warranty is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform with these Terms.

This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, or any alteration or repair you carry out without our prior written approval.

We will take reasonable steps to pack the Goods properly and to ensure that you receive your order in good condition.

These Terms apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these Terms.

Delivery

Usually, the Goods will be despatched within 3 working days of the date of the Order Confirmation. Delivery dates and times are only binding if they are expressly confirmed as such by us in writing.

Delivery shall be conducted by a shipment provider chosen by us. You will be required to pay standard shipping costs which may depend on the order value and where it is being shipped to (shipping to the UK and Republic of Ireland is free of charge). Current shipping prices are available on the Website.

We will take reasonable steps to meet the delivery date set out in accordance with clause 4.1. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you.

Returns

We believe in doing everything to the very highest standard and stand by all the products we make. When it comes to returns however, we cannot offer returns unless the product you received is faulty or it is not as advertised on the Website and is returned within 14 days of receipt of the product. In these cases please go here to download and print a returns form from the Website. The returned shirts should still be in their original packaging, have their tags intact and be unused. It is your responsibility to pay for the cost of the return postage, and we highly recommend using recorded delivery, but if we accept your reasons and give you a refund we will include this cost. We will also offer an exchange if you accidentally bought the wrong size. If you have any other questions please contact us by email at orders@bagofbees.co.uk.

These Terms will apply to any repaired or replacement Goods we supply to you.

Title & Risk

The Goods will be your responsibility from the time of delivery.

Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges.

Price & Payment

All prices include VAT (where applicable) at the current rates but exclude delivery costs, which will be added to the total amount due.

We will also charge you for delivery and shipping, these costs are available on the Website.

Our prices are reviewed periodically and will be updated on the Website.

Payment for all Goods must be made in advance by PayPal or Google Checkout.

Limitation of Liability

We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

Subject to clause 8.3, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.

Neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories:

1. loss of income or revenue;
2. loss of business;
3. loss of data; or
4. any waste of time.

This clause does not include or limit in any way our liability for:

1. death or personal injury caused by our negligence; or
2. fraud or fraudulent misrepresentation; or
3. any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
4. losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
5. any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:

1. strikes, lock-outs or other industrial action; or
2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
5. impossibility of the use of public or private telecommunications networks.

Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.

Disclaimer

While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

The material on this Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

General

If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.

A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

These Terms shall be governed by the laws of Northern Ireland and we both agree to the non-exclusive jurisdiction of the courts of Northern Ireland.