| TERMS AND CONDITIONS OF SUPPLY|
These Terms will apply to any contract between us for the sale of Products to you ("Contract"). Please read these Terms carefully and make sure that you understand them before ordering any Products from us or our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in them.
If you are ordering from our website please click on the button marked "I Accept" at the end of these Terms to indicate that you accept them. If you refuse to accept these Terms, you will not be able to order any Products from us.
You should keep a copy of these Terms for future reference.
We amend these Terms from time to time as set out in clause . Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
Information About Us
1.1 The company operating this website is M. Billingham & Co. Limited, a company registered in England and Wales under company number 1714494 and with our registered office and main trading address at City Estate, Corngrevaes Road, Cradley Heath, West Midlands, B64 7EP. Our VAT number is [VAT NUMBER].
1.2 To contact us, please e-mail email@example.com or you can call on 01384 412700 (International +44 1384 412700) or fax us on 01384 412699 or write to our Customer Services Department at our main trading address.
1.3 The images of the Products on our site and in our catalogues and brochures are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that they accurately reflect the colour of the Products. Your Products may vary slightly from those images.
1.4 Although we have made every effort to be as accurate as possible, because our Products are handmade all sizes, weights, capacities, dimensions and measurements indicated on our site and in our catalogues and brochures are approximate.
1.5 The packaging of the Products may vary from that shown.
1.6 All Products shown are subject to availability. We will inform you as soon as possible if the Product you have ordered is not available and we will not process your order if made.
Use of Our Website
Use of our website is governed by our Terms of Website Use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you if you order online from us.
How We Use Your Personal Information
If You are a Consumer
This clause only applies if you are a consumer.
1.7 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
1.8 We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. 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 to be confirmed in writing.
1.9 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available in the UK from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
If You are a Business Customer
This clause only applies if you are a business.
1.10 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you purchase Products.
1.11 These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
How The Contract is Formed between You and Us
1.12 Our online order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
1.13 After you place an order online, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 1.14.
1.14 In the case of online orders, we will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched ("Dispatch Confirmation"). In the case of telephone orders, we will issue a written acceptance of the Order. The Contract between us will only be formed when we send you the Dispatch Confirmation or other acceptance.
1.15 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 1.42, we will inform you of this and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
Our Right to Vary these Terms
1.16 We may revise these Terms from time to time in the following circumstances:
1.16.1 changes in how we accept payment from you; and
1.16.2 changes in relevant laws and regulatory requirements.
1.17 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
1.18 Whenever we revise these Terms in accordance with this clause , we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
Your Cancellation and Refund Rights if You are a Consumer
This clause only applies if you are a consumer.
1.19 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 1.21. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product , you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available in the UK from your local Citizens' Advice Bureau or Trading Standards office.
1.20 However, this cancellation right does not apply in the case of any made-to-measure or custom-made products.
1.21 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation or written acceptance, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
1.22 To cancel a Contract, you must contact us in writing by sending an e-mail to firstname.lastname@example.org or by sending a letter to the Customer Services Department, M. Billingham & Co. Limited, City Estate, Corngreaves Road, Cradley Heath, West Midlands, B64 7EP. You may wish to keep a copy of your cancellation notification for your own records.
1.23 You will receive a full refund of the price you paid for the Products and any delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 1.23. If you returned the Products to us because they were faulty or mis-described, please see clause 1.24.
1.24 If you have returned the Products to us under this clause because they are faulty or mis-described, we will refund the price of a defective Product in full, any delivery charges, and any reasonable costs you incur in returning the item to us.
1.25 We refund you on the credit card or debit card used by you to pay.
1.26 If the Products were delivered to you:
1.26.1 you must return the Products to us as soon as reasonably practicable;
1.26.2 unless the Products are faulty or not as described (in this case, see clause 1.24), you will be responsible for the cost of returning the Products to us;
1.26.3 you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
1.27 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation or written order acceptance.
1.28 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause or these Terms. Advice about your legal rights is available in the UK from your local Citizens' Advice Bureau or Trading Standards office.
1.29 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation or order acceptance, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
1.30 Delivery will be completed when we deliver the Products to the address you gave us.
1.31 If no one is available at your address to take delivery, our designated carrier will leave you a note that the Products have been returned to their nearest depot, in which case, please contact them direct as instructed to rearrange delivery.
1.32 The Products will be your responsibility from the completion of delivery.
1.33 You own the Products once we have received payment in full, including all applicable delivery charges.
1.34 We deliver to most countries in the world ("International Delivery Destinations"). However there are restrictions on some Products for certain International Delivery Destinations, so please read our website or ask our service team whether delivery to a given destination is available before ordering Products.
1.35 If you order Products for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
1.36 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
1.37 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
Price of Products and Delivery Charges
1.38 The prices of the Products will be as quoted on our site or by our sales team from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was given. However if we discover an error in the price of Product(s) you ordered, please see clause 1.42 for what happens in this event.
1.39 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation or order acceptance.
1.40 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. 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.
1.41 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site or by our sales team from time to time.
1.42 We supply a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site or in our literature may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
1.42.1 where the Product's correct price is less than the price stated, we will charge the lower amount when dispatching the Products to you. However, 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 Products to you at the incorrect (lower) price; and
1.42.2 if the Product's correct price is higher than the price stated on our site or in our literature, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
| How To Pay|
1.43 You can only pay for Products using a debit card or credit card. We accept the following cards: [LIST OF CREDIT AND DEBIT CARDS].
1.44 Payment for the Products and all applicable delivery charges is due in advance. Although the balance available in your bank account may alter once your order has been placed, we will not actually charge your debit card or credit card until we dispatch your order.
| Our Warranty for the Products|
1.45 We provide a warranty that on delivery and for a period of five years from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 1.46.
1.46 The warranty in clause 1.45 does not apply to any defect in the Products arising from:
1.46.1 your use of the Products after giving notice to us of any such defect;
1.46.2 fair wear and tear;
1.46.3 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
1.46.4 if you fail to operate or use the Products in accordance with the user instructions as to their storage, commissioning, installation, use and/or maintenance or (if there are no instructions) good practice regarding the same;
1.46.5 any alteration or repair by you or by a third party who is not one of our authorised repairers;
1.46.6 any specification provided by you; or
1.46.7 changes made to the Products description or specification to ensure compliance with applicable statutory or regulatory requirements.
1.47 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available in the UK from your local Citizens' Advice Bureau or Trading Standards office.
Our Liability if You are a Business
This clause only applies if you are a business customer.
1.48 Nothing in these Terms limit or exclude our liability for:
1.48.1 death or personal injury caused by our negligence;
1.48.2 fraud or fraudulent misrepresentation;
1.48.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
1.48.4 defective products under the Consumer Protection Act 1987; or
1.48.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
1.49 Subject to clause 1.48, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits or any indirect or consequential loss arising under or in connection with the Contract.
1.50 Subject to clause 1.48 and clause 1.49 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed, in the case of damage to the Product, the price of the Product and, in the case of all other loss, [ ].
1.51 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
Our Liability if You are a Consumer
This clause only applies if you are a consumer i.e.: you intend to use the Product(s) for domestic and private use only and not for any commercial, business or re-sale purposes.
1.54 We do not in any way exclude or limit our liability for:
1.54.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors (as applicable);
1.54.2 fraud or fraudulent misrepresentation;
1.54.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
1.54.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and sample);
1.54.5 defective products under the Consumer Protection Act 1987; or
1.54.6 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
1.55 Subject to clause 1.54, if we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms 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 the Contract.
| Events Outside Our Control|
1.56 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 1.57.
1.57 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 [or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
1.58 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
1.58.1 we will contact you as soon as reasonably possible to notify you; and
1.58.2 our obligations under a Contract 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 Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
Communications Between Us
1.59 When we refer, in these Terms, to "in writing", this will include e-mail.
1.60 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to Customer Services Department, M. Billingham & Co. Limited at City Estate, Corngreaves Road, Cradley Heath, West Midlands, B64 7EP. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause , please see that clause for how to tell us this.
1.61 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.62 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or two business 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.
| Other Important Terms|
1.63 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting online if this happens.
1.64 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of the our warranty in clause to the recipient of the gift without needing to ask our consent.
1.65 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause , but we and you will not need their consent to cancel or make any changes to these Terms.
1.66 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
1.67 If we fail to insist that you perform any of your obligations under these Terms, 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.
1.68 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
1.69 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
If you need to reach us, please email us using the link on the store page, alternatively, you can call on 01384 412 700 (International +44 1384 412 700) or fax us on 01384 412 699 or write to us at:
M Billingham & Co. Ltd.
M Billingham & Co. Limited ("We") are committed to protecting and respecting your privacy.
For the purpose of the Data Protection Act 1998 (the "Act"), the data controller is M Billingham & Co. Limited of City Estate, Corngreaves Road, Cradley Heath, West Midlands, B64 7EP.
Information We may Collect from You
We may collect and process the following data about you:
Information that you provide by filling in forms on our site www.billingham.co.uk ("our site"). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you enter a competition or promotion sponsored by M Billingham & Co. Limited and when you report a problem with our site.
If you contact us, we may keep a record of that correspondence.
We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
Details of transactions you carry out through our site and of the fulfilment of your orders.
Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
Where We Store Your Personal Data
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Uses Made of the Information
We use information held about you in the following ways:
To ensure that content from our site is presented in the most effective manner for you and for your computer.
To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
To carry out our obligations arising from any contracts entered into between you and us.
To allow you to participate in interactive features of our service, when you choose to do so.
To notify you about changes to our service.
We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.
If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.
If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.
If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the order form).
We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
Disclosure of Your Information
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may disclose your personal information to third parties:
In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
If M Billingham & Co. Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data.
You can also exercise the right at any time by contacting us at
Customer Services Department
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to Information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
Customer Services Department
Your rights to return goods are protected under the EU Distance Selling Directive which can be found at http://www.hmso.gov.uk/si/si2000/20002334.htm