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TERMS OF WEBSITE USE

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.billingham.co.uk ("our site"), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

 

Information About Us

 

www.billingham.co.uk is a site operated by M Billingham & Co. Limited ("We"). We are registered in England and Wales under company number 1714494 and have our registered office and main trading address at City Estate, Corngreaves Road, Cradley Heath, West Midlands, B64 7EP. Our VAT number is 281 202 688. We are a limited company.

 

Accessing Our Site

 

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

 

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

 

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

 

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

 

Intellectual Property Rights

 

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

 

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

 

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

 

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

 

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

Reliance On Information Posted

 

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

 

Our Site Changes Regularly

 

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

 

Our Liability

 

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
    • loss of income or revenue;
    • loss of business;
    • loss of profits or contracts;
    • loss of anticipated savings;
    • loss of data;
    • loss of goodwill;
    • wasted management or office time; and
    • whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

 

Information About You and Your Visits to Our Site

 

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

 

Transactions Concluded Through Our Site

 

Contracts for the supply of goods or services formed through our site or as a result of visits made by you are governed by our terms and conditions of supply (appended at the bottom of this page).

 

Viruses, Hacking and Other Offences

 

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

 

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

 

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

 

Linking To Our Site

 

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

 

You must not establish a link from any website that is not owned by you.

 

Our site must not be framed on any other site, nor may you create a link to any part of our site.

 

If you wish to make any use of material on our site other than that set out above, please address your request to customerservices@billingham.co.uk.

 

Links From Our Site

 

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

Jurisdiction And Applicable Law

 

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

 

These terms of use 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) shall be governed by and construed in accordance with the law of England and Wales.

 

Trade Marks

 

Billingham is a registered trade mark of M Billingham & Co. Limited.

 

Variations

 

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

 

Your Concerns

 

If you have any concerns about material which appears on our site, please contact customerservices@billingham.co.uk.

 


TERMS AND CONDITIONS OF SUPPLY

 

These terms (together with the documents expressly referred to in them, our Privacy Policy and Terms of Website Use) tell you information about us and the legal terms and conditions ("Terms") on which we sell any of the products ("Products") listed on our website or in our literature ("our site") to you.

 

These Terms will apply to any contract between us for the sale of Products to you ("Contract"). lease 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, Corngreaves Road, Cradley Heath, West Midlands, B64 7EP. Our VAT number  is [VAT NUMBER].

 

1.2 To contact us, please e-mail customerservices@billingham.co.uk 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.

 

Our Products

 

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

 

We only use your personal information in accordance our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.

 

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.

 

1.7 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 customerservices@billingham.co.uk 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.

 

Delivery

 

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.

 

International Delivery

 

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, one million pounds (£1,000,000).

 

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.

1.52 We do not in any way exclude or limit our liability for:

1.52.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors (as applicable);

 

1.52.2 fraud or fraudulent misrepresentation;

 

1.52.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

 

1.52.4 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);

 

1.52.5  defective products under the Consumer Protection Act 1987; or

 

1.52.6 any matter in respect of which it would be unlawful for us to exclude or restrict liability.

 

1.53 Subject to clause 1.52, 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

 

1.54 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 1.55.

 

1.55 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.

 

1.56 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

 

1.56.1 we will contact you as soon as reasonably possible to notify you; and

1.56.2 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

 

1.57 When we refer, in these Terms, to "in writing", this will include e-mail.

 

1.58 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.

 

1.59 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.

 

1.60 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

 

1.61 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.

 

1.62 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 warranty in clause  to the recipient of the gift without needing to ask our consent.

 

1.63 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.

 

1.64 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.

 

1.65 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.

 

1.66 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.

 

1.67 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.