Terms of Supply
Terms and Conditions of Supply
1.
Definitions
1.1
When
the following words with capital letters are used in these Terms, this is what
they will mean:
(a)
Event Outside Our Control:
is defined in clause 9.2;
(b)
Goods: the goods that We are
selling to you as set out in the Order;
(c)
Order: your order for the
Goods;
(d)
Terms of Supply: the
terms and conditions set out in this document; and
(e)
we/our/us: House of Beth (Company
Number 7936054) whose registered office is at c/o. TG Associates Limited,
Monument House, 215 Marsh Road, Pinner, Middlesex, HA5 5NE.
1.2
When
we use the words "writing" or "written" in these Terms of
Supply, this will include e-mail unless we say otherwise.
2.
Our
contract with you
2.1
These
are the terms and conditions on which we supply Goods to you.
2.2
Please
ensure that you read these Terms of Supply carefully, and check that the
details on the Order and in these Terms of Supply are complete and accurate,
before you submit the Order. If you think that there is a mistake, please contact
us to discuss, and please make sure that you ask us to confirm any changes in
writing to avoid any confusion between you and us.
2.3
We
consider that these Terms of Supply and the Order constitute the whole
agreement between you and us.
2.4
When
you sign and submit the Order to us, this does not mean we have accepted your
order for Goods. Our acceptance of the Order will take place as described in
clause 2.5.
If we are unable to supply you with the Goods, we will inform you of this and we
will not process the Order.
2.5
These
Terms of Supply will become binding on you and us when we issue you with a
written acceptance of an Order, at which point a contract will come into
existence between you and us.
2.6
If
any of these Terms of Supply conflict with any term of the Order, the Order
will take priority.
2.7
We
shall assign an order number to the Order and inform you of it when we confirm
the Order. Please quote the order number in all subsequent correspondence with
us relating to the Order.
2.8
The
images of the Goods on our website are for illustrative purposes only. Although
we have made every effort to display the colours accurately, we cannot
guarantee that your computer's display of the colours accurately reflect the
colour of the Goods. Your Goods may vary slightly from those images and although
we have made every effort to be as accurate as possible, all sizes and
measurements indicated on our website may vary slightly.
3.
Changes
to order or terms
3.1
We
may revise these Terms of Supply from time to time in the following
circumstances:
(a)
changes
in how we accept payment from you, including changes to payment partners;
and/or
(b)
changes
in relevant laws and regulatory requirements.
3.2
If
we have to revise these Terms of Supply under clause 3.1,
we will give you at least one (1) month's written notice of any changes to
these Terms of Supply before they take effect. You can choose to cancel the
contract in accordance with clause 10.
3.3
You
may make a change to the Order for Goods at any time before we despatch the
Goods by contacting us. Where this means a change in the total price of the
Goods, we will notify you of the amended price in writing. You can choose to
cancel the Order in accordance with clause 13.1
in these circumstances.
3.4
If
you wish to cancel an Order before it has been fulfilled, please see your right
to do so in clause 13.
4.
Delivery
of goods
4.1
Please
note that timescales for delivery and delivery charges will vary depending on
the availability of the Goods and your address.
4.2
We
will contact you with an estimated delivery date. Occasionally our delivery to
you may be affected by an Event Outside Our Control. See clause 9 for our
responsibilities when this happens.
4.3
Delivery
of an Order shall be completed when we deliver the Goods to the address you
gave us.
4.4
[If
We are not able to deliver the whole of the Order at one time due to
operational reasons or shortage of stock, we will deliver the Order in
instalments. We will not charge you extra delivery costs for this. However, if
you ask us to deliver the Order in instalments, we may charge you extra
delivery costs. Each instalment shall constitute a separate contract governed
by these Terms of Supply. If we are late delivering an instalment or one
instalment is faulty, that will not entitle you to cancel any other instalment.
]
4.5
The
Goods will be your responsibility from the completion of delivery.
4.6
You
own the Goods once we have received payment in full.
5.
If
the goods are faulty
6.
Goodwill
guarantee of goods
6.1
If
you are unhappy with the Goods for any reason, you may return them to us for
free within 14 calendar days of receipt if you send us the proof of purchase.
We will refund you the price you paid for the Goods.
6.2
This
guarantee is in addition to your legal rights in relation to the Goods that are
faulty or not as described.
7.
Price
and payment
7.1
The
price of the Goods will be set out in our price list in force at the time we
confirm your Order. Our prices may change at any time, but price changes will
not affect Orders that we have confirmed with you.
7.2
These
prices include VAT. However, if the rate of VAT changes between the date of the
Order and the date of delivery or performance, we will adjust the rate of VAT
that you pay, unless you have already paid for the Goods in full before the
change in the rate of VAT takes effect.
7.3
The
prices for the Goods exclude delivery costs, which will be added to the total
amount due.
7.4
It
is always possible that, despite our best efforts, some of the Goods we sell
may be incorrectly priced. We will normally check prices as part of our
despatch procedures so that, where the Goods' correct price is less than our
stated price, we will charge the lower amount when dispatching the Goods to
you. If the Goods' correct price is higher than the price stated on our
website, we will contact you to tell you and for your instructions. If the
pricing error is obvious and unmistakeable and could have reasonably been
recognised by you as a mispricing, we do not have to provide the Goods to you at
the incorrect (lower) price.
7.5
Where
we are providing Goods to you, you must make payment for Goods in advance by
credit or debit card as instructed by our website or otherwise in accordance
with our payment partner at such time.
8.
Our
liability to you
8.1
If
we fail to comply with these Terms of Supply, we are responsible for loss or
damage you suffer that is a foreseeable result of our breach of the Terms of
Supply or our negligence, but we are not responsible for any loss or damage
that is not foreseeable. Loss or damage is foreseeable if they were an obvious
consequence of our breach or if they were contemplated by you and us at the
time we entered into this contract.
8.2
We
do not exclude or limit in any way our liability for:
(a)
death
or personal injury caused by our negligence or the negligence of our employees,
agents or subcontractors;
(b)
fraud
or fraudulent misrepresentation;
(c)
breach
of the terms implied by section 12 of the Sale of Goods Act 1979 (title and
quiet possession);
(d)
breach
of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979
(description, satisfactory quality, fitness for purpose and samples); and
(e)
defective
products under the Consumer Protection Act 1987.
9.
Events
Outside Our Control
9.1
We
will not be liable or responsible for any failure to perform, or delay in
performance of, any of our obligations under these Terms of Supply that is
caused by an Event Outside Our Control.
9.2
An
Event Outside Our Control means any act or event beyond our reasonable control,
including without limitation strikes, lock-outs or other industrial action by
third parties, civil commotion, riot, invasion, terrorist attack or threat of
terrorist attack, war (whether declared or not) or threat or preparation for
war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other
natural disaster, or failure of public or private telecommunications networks.
9.3
If
an Event Outside Our Control takes place that affects the performance of our
obligations under these Terms:
(a)
we
will contact you as soon as reasonably possible to notify you; and
(b)
our
obligations under these Terms of Supply will be suspended and the time for
performance of our obligations will be extended for the duration of the Event
Outside Our Control. Where the Event Outside Our Control affects our delivery
of Goods to you, we will arrange a new delivery date with you after the Event
Outside Our Control is over.
9.4
You
may cancel the contract if an Event Outside Our Control takes place and you no
longer wish us to provide the Goods. Please see your cancellation rights under
clause 13.
We will only cancel the contract if the Event Outside Our Control continues for
longer than four (4) weeks in accordance with our cancellation rights in clause
11.
10.
Your
cancellation rights
10.1
Before
the Goods are delivered, you have the following rights to cancel an Order for
Goods, including where you choose to cancel because we are affected by an Event
Outside Our Control or we change these Terms under clause 3.1 to your material disadvantage:
(a)
You
may cancel any Order for Goods at any time before We despatch the Goods by
contacting Us. We will confirm your cancellation in writing to you.
(b)
If
you cancel an Order under clause 10.1(a)
and you have made any payment in advance for Goods that have not been delivered
to you, we will refund these amounts to you.
(c)
Unfortunately,
if you cancel an Order for Goods under clause 10.1(a)
and we have already despatched your Goods to you, we will not be able to cancel
your Order until it is delivered. In this case, if you return the Goods to us,
we will have to charge you the cost of collection or you will have to pay the
cost of returning the Goods back to us. This will not affect your refund for
the Goods, but any charge for collection will be deducted from the refund that
is due to you.
11.
Our
cancellation rights
(a)
due
to an Event Outside Our Control or the unavailability of stock, we will
promptly contact you.
(b)
If
We have to cancel an Order under clause 11(a)
and you have made any payment in advance for Goods that have not been delivered
to you, we will refund these amounts to you.
12.
Information
about us and how to contact us
12.1
We
are a company registered in England and Wales. Our company registration number
is 7936054 and our registered office is at c/o. TG Associates Limited, Monument
House, 215 Marsh Road, Pinner, Middlesex, HA5 5NE.
12.2
If
you have any questions or if you have any complaints, please contact us by
e-mailing us at info@houseofbeth.com
12.3
If
you wish to contact us in writing, or if any clause in these Terms of Supply
requires you to give us notice in writing (for example, to cancel the contract),
you can send this to us by e-mail, by hand, or by pre-paid post to House of
Beth, c/o. TG Associates Limited, Monument House, 215 Marsh Road, Pinner,
Middlesex, HA5 5NE. We will confirm receipt of this by contacting you in
writing. If we have to contact you or give you notice in writing, we will do so
by e-mail, by hand, or by pre-paid post to the address you provide to us in the
Order.
13.
How
we may use your personal information
13.1
Any
information provided by you to us will be used by us in accordance with the
Data Protection Act 1998 and our Privacy Policy [See Privacy Policy].
14.
Other
important terms
14.1
We
may transfer our rights and obligations under these Terms of Supply to another
organisation, and we will always notify you in writing if this happens, but
this will not affect your rights or our obligations under these Terms of Supply.
14.2
This
contract is between you and us. No other person shall have any rights to
enforce any of its terms.
14.3
Each
of the paragraphs of these Terms of Supply operates separately. If any court or
relevant authority decides that any of them are unlawful, the remaining
paragraphs will remain in full force and effect.
14.4
If
we fail to insist that you perform any of your obligations under these Terms of
Supply, or if we do not enforce our rights against you, or if we delay in doing
so, that will not mean that we have waived our rights against you and will not
mean that you do not have to comply with those obligations. If we do waive a
default by you, we will only do so in writing, and that will not mean that we
will automatically waive any later default by you.
14.5
These
Terms of Supply are governed by English law. You and we both agree to submit to
the non-exclusive jurisdiction of the English courts.
As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms of Supply will affect these legal rights.
If we have to cancel an Order for Goods before the Goods are delivered: