Terms & Conditions
1.1 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 11.
Goods: the products that we are selling to you as set out in the
Order. Order: your order for the Goods as set out on the order confirmation.
Order Confirmation: the confirmation e-mail which will be sent to you after your Order has been received.
Terms: the terms and conditions set out in this document.
Writing: or written does not include faxes.
1.2 Headings do not affect the interpretation of these terms.
2. BASIS OF SALE
2.1 By purchasing Goods via our website you are agreeing to be bound by these Terms. Therefore, you should consider the Terms set out below carefully and confirm your acceptance of them before proceeding to submit your Order. We are free to accept or decline your Order at our absolute discretion.
2.2 Any descriptions, advertising or illustrations on our website are 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.
2.3 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).
3. DESCRIPTION OF GOODS
3.1 The description of the Goods will be as specified on the order submission form and on the Order Confirmation.
3.2 It is your responsibility to check that the Goods are what you intended to order.
4.1 all rights including copyright in this websit are owned by Bean Bag Heaven. Any use of this website or its contents, including copying or storing it in whole or part other than your personal (non commercial use ) is prohibited without our permission.
5.1 We aim to dispatch your goods the next working day after the order has been placed.
5.2 You may be required to pay extra for your delivery (depending on your postcode). For large bean bags we may need to send your bean bag in several packages and you will be required to assemble the bean bag.
5.3 We will take reasonable steps to meet the delivery date. 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.
6. CANCELLATION OF GOODS AND RETURNS
6.1 You may cancel your Order at anytime within the cancellation period of 14 working days from the day after the day you receive the Goods. You must notify us of the cancellation by email and the following terms shall apply:-
All Goods should be returned unopened and in the original packaging.
All Goods should be returned to us at your own expense.
Until Goods are returned to us you will retain the Goods and take reasonable care of them. You will also be under a duty to take reasonable steps to see that the Goods are received by us and not damaged in transit;
Within 30 days of receipt from you of the Goods and provided the Goods are returned unopened, and undamaged, we will refund the amount paid including any delivery charge onto the same card used to make the original purchase. All other costs will be incurred by you.
6.2 We reserve the right to cancel yoru order if:
6.2.1 we have insufficient stock to deliver your order
6.2.2 we do not deliver to your area
6.2.3 if the goods orderd were listed at an incorrect price
7. DEFECTIVE GOODS AND RETURNS
7.1 In the unlikely event that the Goods do not conform with these Terms, please let us know within 7 days after delivery. We will ask you to return the Goods to us at your cost and once we have checked that the Goods are faulty, we will:
provide you with a full or partial refund including the return costs; or
replace the Goods; or
repair the Goods.
7.2 We have full discretion on whether the Goods will be replaced or repaired should the Goods be found to be defective due to faulty workmanship or structural defect.
7.3 If the Goods are not found to be defective no refund will be made to you and you will be liable to pay the re-delivery charge.
8. TITLE AND RISK
8.1 The Goods will be your responsibility from the time of delivery.
8.2 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 if applicable.
9. PRICE AND PAYMENT
9.1 The price of the Goods will be as set out on the Order Confirmation.
9.2 These prices include VAT which will only be charged on Orders made in the UK or the European Union at the rate chargeable at the time your Order is submitted.
9.3 Payment for all Goods must be made in full at the time of submitting your Order. All prices and charges on this website are in pound sterling only.
9.4 We confirm that we do not store credit card or any financial information.
10. LIMITATION OF LIABILITY
10.1 Subject to clause
10.2, 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.
10.2 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:
loss of income or revenue;
loss of business;
loss of anticipated savings;
loss of data; or
any waste of time. However, this clause
10.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
10.3 This clause does not include or limit in any way our liability for:
death or personal injury caused by our negligence; or
fraud or fraudulent misrepresentation; or
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
losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
11. EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
11.2 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.
12. ASSIGNMENT You may not transfer any of your rights or obligations under these Terms to another person. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
All notices sent by you to us must be sent to Bean Bag Heaven at 1087 Kingbsury Road, Birmingham, B35 6AJ United Kingdom, email: [email protected] telephone: 07780610573. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 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 the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
14.1 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.
14.2 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.
14.3 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.
14.4 These Terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts.