DEFINITIONS
“we” “us” and “our” means Bazaar Tents Limited.
“you” and “your” means the Customer identified on our Dispatch Confirmation.
1. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
1.1 After placing an order (“Order”), 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. Your Order constitutes an offer to us to buy a Product(s). All Orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
1.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your Order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
2. ORDERS OUTSIDE THE UK
2.1 We will accept Orders from anywhere in the United Kingdom but shall increase delivery charges by way of a surcharge of £10 and this surcharge will apply to the following postal addresses: In the Highland and Islands of Scotland: IV, HS, KA27-28,KW, PA, PH, ZE, AB, DD; Northern Island, Isle of Man and Isles of Scilly: BT, IM, TR21-25; The Channel Islands: GY, JE. For all other Orders in the EU and the rest of the world, please contact our office for a quote and to see if it is possible to acheive. 2.2 Some restrictions may be placed on the extent to which we accept Orders from specific countries. We will quote shipping charges for these upon request.
3. CONSUMER RIGHTS
3.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy.
4. REFUND POLICY
4.1 We will refund any purchase in full provided that the item bought is returned in a fully saleable condition in its original and undamaged packaging no later than 14 days after receipt of the Product by you. You will be liable for the return shipping charges except in the case we find that the Product is defective or that the Product has been delivered in a damaged state. In either of case we will refund the return shipping charges to you.
4.2 You are solely responsible for checking any items/good on receipt of their order. If goods are found to be faulty or damaged upon delivery or not of satisfactory quality, please contact Bazaar Tents within seven working days of receipt of the goods. Contact us by email (info@bazaartents.co.uk) explaining what is wrong, including a contact no, the original order reference and where applicable photographic evidence. We will either deliver replacement goods or refund the price paid. The original goods will need to be returned to us.
4.3 All goods which you intend to return must be kept in good condition whilst in your possession.
4.4 Once a return has been agreed it is up to you that it arrives back with us in the best possible condition. Please use the original packaging. If you do not still have access to it, you will need to source suitable packaging that will survive the transportation back to us.
5. PRICE AND PAYMENT
5.1 The price of the Products and our delivery charges will be as quoted on our website from time to time, except in cases of obvious error. Product prices do not include VAT because we are not currently VAT registered.
5.2 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
5.3. Payment for all Products may be by credit or debit card or bank transfer. We will not charge your credit or debit card until we dispatch your Order.
6. RISK AND TITLE
6.1 The Product will be your responsibility from the time of delivery. Ownership of the Product will only pass to you when we receive full payment of all sums due in respect of the Product including any delivery charges.
7. AVAILABILITY AND DELIVERY
7.1 Any dates quoted for delivery of the Order are approximate only and the time of delivery is not of the essence. All Products on our website are described either as being “in stock”, “out of stock” or “by special order only”.
7.2 Products in stock: we will endeavour to dispatch the Product within 4 days of your Order if delivery is inside the UK and within 10 days maximum.
7.3 Products out of stock: in the event that the goods are temporarily out of stock, you are required to contact our office by telephone or email and you will be informed as to when the next delivery of the item(s) is expected.
7.3 By special order only: These items are either individually customised items or items which are not held in stock in the UK. You are required to contact our office by telephone or email and will be advised of the anticipated delivery date.
7.4 We shall not be liable for any delay in delivery of the Order that is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Order. If you fail to accept or take delivery of the Order within 14 days of us notifying you that the Products are ready, then except where such failure or delay is caused by a Force Majeure Event or by our failure to comply with its obligations under the Contract in respect of the Products we shall store the Products until delivery takes place, and charge you for all related costs and expenses (including insurance).
8. WARRANTY
8.1 We warrant to you that any Product purchased from us through our website will, on delivery conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
9. LIMITATION OF LIABILITY
9.1 Subject to clause 7, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products. Subject to clause 7, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach:
loss of income or revenue;
loss of business;
loss of profits;
loss of anticipated savings;
loss of data; or
waste of management or office time.
However, this clause 9 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 9.
9.2 Nothing in these Terms and Conditions shall limit or exclude our liability for:
death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; fraud or fraudulent misrepresentation; breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or defective products under the Consumer Protection Act 1987.
9.3 Subject to this clause, we shall under no circumstances whatever be liable to the you whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
9.4 This clause shall survive termination of the Contract.
10. FORCE MAJEURE
10.1 For the purposes of these Terms and Conditions a Force Majeure Event means an event beyond our reasonable control of including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the party 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 subcontractors. We shall not be liable to you as a result of any delay or failure to perform our obligations under these Terms and Conditions as a result of a Force Majeure Event..We shall not be liable to you as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event. If the Force Majeure Event prevents us from installing the Goods we shall, without limiting our other rights or remedies, have the right to terminate this Contract immediately by giving written notice to you.
11. WAIVER
11.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default.
12. SEVERABILITY
12.1 If any court or competent authority decides that any of the provisions of these Terms and Conditions or any provisions of a Contract 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.
13. ENTIRE AGREEMENT
13.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
13.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of,] any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
13.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
13.4 Nothing in this clause limits or excludes any liability for fraud.
14. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
14.1 We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
14.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
15. LAW AND JURISDICTION
15.1 Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
16. THRID PARTY RIGHTS
16.1 A person who is not party to these Terms and Conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
17. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@bazaartents.com
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