Terms of Sale
Terms of Sale
1. OUR WEBSITE
1.1 Your use of this website and any service contained within constitutes acceptance of these Terms & Conditions.
2. CUSTOMER INFORMATION
2.1 You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.
2.2 You are responsible for maintaining your own username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
2.3 As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.
2.4 Our website is only intended for use by adults. Adults may purchase products for children as long as the products purchased are intended by the manufacturer for use or consumption by children.
3. PRIVACY
3.1 BHS.com takes your privacy seriously. We are registered under and comply with the Data Protection Act 2018. For further details please see our Privacy Policy.
4. PRODUCT PRICING AND TITLE
4.1 All BHS.com Lighting Goods are produced to the European and British quality and safety standard specification and comply with current legislation. Measurements and wattages are given as a guide and may vary, please check the product literature supplied with the Goods. All our prices are inclusive of VAT and exclude the price of delivery. Please note: Images are for illustration purposes only.
4.2 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at any time up to the shipment of that order and any related items.
4.3 We reserve the right to alter all product pricing without notice.
4.4 Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.
5. YOUR ORDER
5.1 When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order.
5.2 Your offer is only accepted by us once we have emailed you to confirm the dispatch of your order.
5.3 Product items not included within the dispatch email are not included in the order and contract between you and us.
5.4 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud
is suspected.
5.5 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
6. SHIPPING AND CUSTOMS DUTY
6.1 All orders received by us are shipped subject to availability. Goods that are out of stock may take up to 4 - 8 weeks of receipt of order. In the unlikely event of Goods taking longer than the 4 - 8 week period you will be contacted by our Customer Services and given the option to cancel without penalty. Your order will be processed right away. Goods that are in stock will be dispatched the same day providing the order is processed before 3pm*. Goods that are out of stock may take up to 4 - 8 weeks from receipt of order. In the unlikely event of Goods taking longer than the 4 - 8 week period you will be contacted by customer services and given the option to cancel without penalty. Goods supplied within the UK will normally be delivered within 3-5 workings days of acceptance of order. If the agreed delivery date cannot be met, you will be notified and given the opportunity to agree a new delivery date or cancel the order. Our working hours are Sunday to Friday 9am to 5pm, excluding any Bank or National Holidays. If no one is available to take delivery from our couriers, a calling card will be left. If you do not contact the courier, a further two delivery attempts will be made. If the courier is still unable to deliver after this point the Goods will be returned to BHS.com. If you require re-delivery, BHS.com reserve the right to charge additional shipping costs. *NB it may take up to 30 minutes to process an order.
6.2 Goods that are temporarily out of stock should be dispatched within 4 - 8 weeks. If there is any further delay you will be notified and given the option to cancel. Some of our more exclusive products may only be available as a Special Order, this will be stipulated. Every effort will be made to deliver these orders within the quoted delivery time however we are unable to guarantee dates. In such cases your normal cancellation rights still apply.
6.3 We reserve the right to ship products at a later date (up to 28 days after purchase) where the product ordered is not in stock at the time of purchase. In this situation you will be contacted and offered a full refund instead of delivery of the product.
6.4 We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control. If such disruption occurs, you will be offered delivery via an alternative delivery or fulfilment company or a full refund.
6.5 If you are ordering a product from outside the UK the recipient of the product is responsible for all customs duties or tariffs incurred in the country to which the products are shipped. Furthermore, your order may be subject to delay or be opened and searched by local customs authorities when entering the destination country. Please note we are unable to provide specific advice on customs duties or tariffs.
7. CANCELLATION RIGHTS, RETURNS AND REFUNDS
7.1 Under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013 you have a right to cancel your purchase. However, to exercise this right you must notify us in writing, (email or letter) within 14 days from the day after you receive your goods.
7.2 As stated above notification of cancellation must be in writing, a telephone call is not a valid cancellation.
7.3 No right of cancellation, refund or return exists under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013 once you have used your product, unless the product is defective and you are returning it for this reason.
7.4 Goods that are sealed or shrink-wrapped and this is removed can only be returned if they are defective.
7.5 No right of cancellation exists for personalised goods or goods that are intimate in their nature or goods where there may be hygiene issues, unless defective.
7.6 Please observe the following procedure for all returns to us, in the first instance you must obtain a Return Merchandise Number from either your "My Account Section" or direct from our customer service department. No goods are authorised for return by BHS.com without this number being issued.
7.6.1 On the back of your delivery note or on another piece of paper, (if you no longer have your delivery note), include your order number and the reason for the return.
7.6.2 If you are returning your product because it is defective, please state the defect or defects.
7.6.3 Repackage the product in its original packaging, including any accessories, brochures, manuals, guarantees or warranties that came with the product. Unfortunately, we will be unable to issue a refund where the product is in an incomplete state.
7.7 If the original packaging surrounding the product has been damaged or destroyed we will only issue a refund if the product is being returned due to a defect. If the original packaging of a defective product has been damaged or destroyed you should ensure that the returned product is adequately packed for shipment back to us.
7.8 You are responsible for paying any postage or shipping costs incurred when returning the product.
7.9 We recommend that all returns be sent by registered post, so that a record of the return is available for you.
7.10 We will not issue refunds for any items lost or stolen in transit to us.
7.11 Where a return is lost or stolen in transit to us, you should claim compensation from the company that shipped the return.
7.12 If you fail to return a product to us, we may make arrangements to have the product collected from you. The cost of this collection will be passed on to you.
7.13 Unused products may be returned promptly by customers to the address listed below:
Our Address:
BHS.com
Gorse Mill
Gorse Street
Chadderton, Oldham
Greater Manchester, OL9 9RJ.
Our telephone number: 0333 005 0070
Our e-mail: [email protected]
Our working hours are - Sunday to Friday 9am to 5pm
7.14 Subject to the above, we will refund the purchase price of a returned product within fourteen days of receiving written notification of your intention to return the product.
7.15 We will also refund the cost of standard or recorded postage incurred returning a product, if incorrectly sent by us or where the product has been returned due to a defect. Please note that we will not refund any courier, overnight or express element of any delivery or postage charge, including Royal Mail Special Delivery.
7.16 If you receive faulty goods or goods that do not match the description given and wish to return them you must inform us in writing (letter, email or fax). If the product you have purchased is faulty, we may offer a repair, exchange or refund as appropriate in accordance with the Consumer Right Act 2015. You will be required to provide proof of purchase such as your receipt, order confirmation email or sales invoice. These rights are non-transferable.
8. CUSTOMER COMPLAINTS
8.1 We endeavour to respond to all customer complaints or queries within five working days.
9. FAULTY PRODUCTS
9.1 BHS.com guarantees all Goods (excluding light bulbs) for 1 year from the date of receipt against defective parts, materials and/or manufacture (Please see returns policy). A qualified and insured electrician must carry out installation of Goods otherwise this guarantee is void. If Goods have become compromised as a result of misuse this warranty is void. After 7 working days from the date of delivery, Goods returned will be repaired or replaced dependent upon the nature of the fault. Your statutory rights are not affected.
9.2 Where a Customer experiences a fault with a product it can be returned to BHS.com subject to our returns policy.
10. EVENTS OUTSIDE OUR CONTROL
10.1 BHS.com shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.
11. LICENCE
11.1 BHS.com grants you a licence to access the content, information and services contained within our website for personal use only.
11.2 This licence allows you to download and cache (using your browser) individual pages from our website.
11.3 This licence does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.
11.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
11.5 Our website cannot be placed within the frame-set of another site.
11.6 Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
11.7 The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.
12. COPYRIGHT
12.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are the copyright of BHS.com. Unauthorised copying or redistribution of any content is prohibited unless prior permission is given.
12.2 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.
13. REASONABLY FORESEEABLE LOSSES
13.1 BHS.com will be liable for any losses incurred by you due to breaches of these Terms & Conditions by us, where such losses were reasonably foreseeable at the time the contract between you and us was made.
13.2 All business, indirect or consequential losses not reasonably foreseeable at the time of the contract between you and us are excluded.
13.3 BHS.com does not exclude or limit liability for death or personal injury caused by the negligence or breach of duty by us, our employees or officers.
14. SEVERABILITY
14.1 The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
15. WAIVER
15.1 Failure by BHS.com to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
16. ENTIRE TERMS & CONDITIONS
16.1 These Terms & Conditions set out the entire agreement and understanding between you and BHS.com. We reserve the right to change these Terms & Conditions at any time, without giving notice to you.
17. JURISDICTION
17.1 These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
Your statutory rights are unaffected.
Our contact details are as follows:
BHS.com
Gorse Mill
Gorse Street
Chadderton, Oldham
Greater Manchester, OL9 9RJ.
Our telephone number: 0333 005 0070
Our e-mail: [email protected]
Our working hours are - Sunday to Friday 9am to 5pm