Terms and conditions of use
WEBSITE TERMS AND CONDITIONS OF SALE
NOTICE: This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products ('Products') listed on our websites www.bradleydoublelock.co.uk and www.bradleyparts.co.uk ('our sites') to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our sites. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
1 INFORMATION ABOUT US
1.1 We operate the websites www.bradleydoublelock.co.uk and www.bradleyparts.co.uk. We are Bradley Doublelock Limited, a company registered in England and Wales under company number 4200304 and with our registered office, and main trading address, at Victoria Works, Victoria Street, Bingley, West Yorkshire BD16 2NH. Our VAT number is GB 755 7251 13.
2 SERVICE AVAILABILITY
2.1 We do not accept orders from addresses outside the UK and Channel Islands, European Union and European Economic Area ('Serviced Countries').
3 YOUR STATUS
3.1 By placing an order through our site, you warrant that:
3.1.1 you are legally capable of entering into binding contracts;
3.1.2 you are at least 18 years old;
3.1.3 you are resident in one of the Serviced Countries; and
3.1.4 you are accessing our sites from that country.
4 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an 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. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail ('E-mail Confirmation'). The contract between us ('Contract') will only be formed when we send you the E-mail Confirmation.
4.2 The Contract will relate only to those Products whose acceptance we have confirmed in the E-mail Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the acceptance of such Products has been confirmed in the E-mail Confirmation.
5 OUR STATUS
5.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of themselves. You should carefully review their terms and conditions applying to the transaction.
5.2 We may also provide links on our sites to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our sites, or from companies to whose website we have provided a link on our sites, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. If you would like information about your legal rights you should contact your local trading standards or citizens advice bureaux. We will notify you when a third party is involved in a transaction, and we may disclose your personal information related to that transaction to the third party seller.
6 CONSUMER RIGHT OF CANCELLATION
6.1 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 subject to a maximum restocking charge equivalent to twenty five per cent of the value of the Products should the Products or their packaging need to be re-worked to return them to a merchantable condition.
6.2 To cancel a Contract, you must inform us in writing. You must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6.3 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the E-mail Confirmation. This provision does not affect your other statutory rights as a consumer.
7 AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the E-mail Confirmation or, if no delivery date is specified, then within 30 days of the date of the E-mail Confirmation, unless there are exceptional circumstances.
8 RISK AND TITLE
8.1 The Products will be your responsibility from the time of delivery.
8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8.3 If you are contracting as a business, until ownership of the Products has passed to you, you shall:
8.3.1 hold the Products on a fiduciary basis as our bailee;
8.3.2 not remove, deface or obscure any identifying mark or packaging on or relating to the Products;
8.3.3 maintain the Products in satisfactory condition and keep them insured against all risks for their full price on our behalf from the date of delivery;
8.3.4 notify us immediately if you become subject to any of the events listed in clauses 8.4.1 to 8.4.3; and
give us such information relating to Products as we may require from time to time but you may use the Products in the ordinary course of your business.
8.4 If you are contracting as a business, if before ownership of the Products passes to you:
8.4.1 you convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a members’ voluntary liquidation for the purpose only of reconstruction or amalgamation, or enter a scheme of arrangement, or have a receiver and/or manager, administrator or administrative receiver appointed of your undertaking or any part thereof, or documents are filed with the Court for the appointment of an administrator of your business or notice of intention to appoint an administrator is given by you or your directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any Court for the winding up of your business or for the granting of an administration order in respect of your business, or any proposal is prepared or meeting convened to approve a solvent arrangement or proceedings are commenced relating to the insolvency or possible insolvency of your business;
8.4.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against it, or fail to observe or perform any of your obligations under the Contract or any other Contract between us and you, or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade;
8.4.3 you encumber or in any way charge any of the Products; or
8.4.4 we reasonably believe that any of the events listed in clauses 8.4.1 to 8.4.3 is about to happen and notify you accordingly,
then, without limiting any other right or remedy we may have, we may at any time require you to deliver up the Products and, if you fail to do so promptly, enter any of your or any third party premises where the Products are stored in order to recover them. If the Company becomes entitled to repossess any of the Products by virtue of the Conditions then (if the Goods are not clearly identifiable as the property of the Company) it shall be irrebuttably presumed that the Purchaser has used or sold goods which belong to the Purchaser before any of the Products and the Company shall be entitled to exercise its licence under this Condition to repossess any products which are similar to the Products and it shall be irrebuttably presumed that products which the Company shall repossess shall belong to the Company.
9 PRICE AND PAYMENT
9.1 Subject to clause 9.2 (if you are contracting in the course of business), the price of the Products and our delivery charges will be as quoted on our sites from time to time, except in cases of obvious error.
9.2 If you are contracting in the course of business, we reserve the right at any time before delivery to increase the price of the Products and/or delivery to reflect any increase in the cost to us in executing the Contract due to any factor beyond our control such as (without limitation) any increase in the cost of components, labour, raw materials, overheads or exchange rate fluctuations, any change in delivery dates, quantities or specifications for the Products arising as a result of any error or omission or changes deemed necessary by you or any delay or interruption on the Contract not attributable to us. Product prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
9.3 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 an E-mail Confirmation.
9.4 Our sites contain a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our sites may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our sites, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
9.5 If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
9.6 Payment for all Products must be made via the PayPal or Sage Pay gateway provided on our sites.
10 RETURNS POLICY
10.1 If you return a Product to us:
10.1.1 because you are a consumer and have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation.
10.1.2 whether you are contracting as a consumer or in the course of business, for any other reason (for instance, because you have notified us in accordance with clause 21 that you do not agree to a change in these terms and conditions or in any of our policies) we will notify you whether you are entitled to a refund via email within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you that you were entitled to a refund.
10.2 In both of the instances set out in clause 10.1 above, we will refund the price of the Product in full, and any applicable delivery charges subject to any re-stocking charge set out in clause 6.1. However, you will be responsible for the cost of returning the item to us.
10.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11 WARRANTY AND DEFECTIVE PRODUCTS
11.1 We warrant to you that any Product purchased from us through our sites will, on delivery and for the following 24 months (the "Warranty Period”), conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied (the "Warranty”). The Warranty is in addition to, and does not affect, your other statutory rights. The warranty for Products manufactured by third parties and purchased from us through our sites will be limited to that offered by the manufacturer of those Products.
11.2 If you consider a Product to be defective during the Warranty Period you should notify us as soon as possible, and in any event within seven days of expiry of the Warranty Period, by emailing us at firstname.lastname@example.org, writing to us at Bradley Doublelock Ltd., Victoria Works, Bingley, West Yorkshire, BD16 2NH, or calling customer services on +44 (0)1274 516760. You should not continue to use the Product after you notice the defect, nor dismantle or repair the Product or attempt to do so, otherwise we may no longer be liable to you under the terms of the Warranty. We will advise you of how and where the Product should be returned to us.
11.3 We will examine the returned Product and will notify you whether the Product is defective and covered by the Warranty via e-mail within a reasonable period of time.
11.4 If the Product is covered by the Warranty and:
11.4.1 you are contracting as a consumer, we will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us; or
11.4.2 you are contracting in the course of business, at our option we will repair or replace the defective Product or refund the price of the defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
11.5 The terms of these Conditions shall apply to any repaired or replacement Products supplied by us under clause 11.4.2.
11.6 In respect of Products which are subject to a manufacturer’s warranty, we will use our reasonable endeavours to assign to you the benefit of any such manufacturer’s warranty, wherever vested in us, and any alleged defects arising in that manufacturer’s warranty period must be dealt with by you under the terms of that warranty.
12 OUR LIABILITY
12.1 Subject to clause 12.3 (and clause 12.4, if you are contracting in the course of business), if we fail to comply with these terms and conditions, we shall only be liable to you for any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
12.2 Subject to clause 12.3, 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:
12.2.1 loss of income or revenue;
12.2.2 loss of business;
12.2.3 loss of profits;
12.2.4 loss of anticipated savings;
12.2.5 loss of data; or
12.2.6 waste of management or office time.
However, this clause 12.2 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 clauses 12.2.1 to 12.2.6 inclusive.
12.3 Nothing in this agreement excludes or limits our liability for:
12.3.1 death or personal injury caused by our negligence;
12.3.2 fraud or fraudulent misrepresentation;
12.3.3 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;
12.3.4 defective products under the Consumer Protection Act 1987;
12.3.5 any deliberate breaches of these terms and conditions that would entitle you to terminate the Contract; or
12.3.6 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
12.4 If you are contracting in the course of business, our total liability to you under the Contract shall be limited to the purchase price of the Products.
13 Import duty
13.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
13.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
14 Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Bradley Doublelock Limited at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16 Transfer of rights and obligations
16.1 The Contract between you and us is binding on you and us and on our respective successors and assignees.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17 Events outside our control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control. Such events include any act, event, non-happening, omission or accident beyond our reasonable control and include in particular (without limitation) the following:
17.1.1 [strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
17.1.2 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
17.1.3 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
17.1.4 impossibility of the use of public or private telecommunications networks;
17.1.5 the acts, decrees, legislation, regulations or restrictions of any government; and
17.1.6 pandemic or epidemic.
17.2 Our performance under any Contract is deemed to be suspended for the period that such an event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring such an event to a close or to find a solution by which our obligations under the Contract may be performed despite the event.
18.1 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.
18.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
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.
20 Entire agreement
20.1 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.
20.2 We each acknowledge that, in entering into a Contract, neither of us relies on 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.
20.3 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.
20.4 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
21 Our right to vary these terms and conditions
21.1 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.
21.2 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 E-mail 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).
22 Governing law and jurisdiction
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. Disputes arising in connection with the Contract shall be the subject of the non-exclusive jurisdiction of the courts of England & Wales.
23 Third party rights
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.