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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 OF SALE OF PRODUCTS TO CONSUMER CUSTOMERS

 

 

1.             WHEN THESE TERM APPLY – CONSUMER SALES

1.1          These terms only apply to our supply of products to a consumer. You are a consumer if you are purchasing our products for purposes wholly or mainly outside your trade, business, craft or profession.

1.2          If you intend to use our products in connection with your trade, business, craft or profession then you are a business customer and different terms of sale apply.  Please contact us if you require our Terms of Sale of Products to business customers.

 

2.             PLEASE READ THESE TERMS CAREFULLY

2.1          These are the terms and conditions on which we supply products to you as a consumer. Please read them carefully as they contain important information and contractual terms.

 

3.             INFORMATION ABOUT US & HOW TO CONTACT US

3.1          We are M. Billingham & Co. Limited a company registered in England and Wales with registration number is 01714494 and our registered office is at City Estate, Corngreaves Road, Cradley Heath, West Midlands, B64 7EP.  Our registered VAT number is 281 202 688.

3.2          You can contact us by telephoning our customer service team on +44(0)1384 412700 or by emailing us at help@billingham.co.uk or by writing to us at Customer Services, M. Billingham & Co. Limited City Estate, Corngreaves Road, Cradley Heath, West Midlands, B64 7EP.

 

4.             CONTRACTING WITH YOU

4.1          A contract will only come into force between us when we accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between us. Simply submitting an order does not bind us.  All orders placed are only accepted at our entire discretion. If we are unable to accept your order we will inform you of this as soon as reasonably practical.

 

5.             VARIATIONS, MEASUREMENTS & CHANGES

5.1          Products may vary slightly from their pictures. The images of the products on our website and in our marketing materials are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

5.2          Making sure your measurements are accurate. If we are making or supplying a product to measurements you have given us, then you are responsible for ensuring that these measurements are correct.

5.3          We may change the product following our acceptance of your order: (a) to reflect changes in relevant laws and regulatory requirements; and (b) to implement minor technical adjustments and improvements.

6.             DELIVERING THE PRODUCTS TO YOU

6.1          During the order process we will inform you of the costs of delivering the products to you.  As regards the delivery of our products to you, we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.

6.2          Delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We cannot accept liability for delays caused by events outside our control, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not yet received.

6.3          Delivering the products to you. If no one is available at the specified address to take delivery and the products cannot be posted through your letterbox, we (or our courier) will leave you a note informing you of how to rearrange delivery.  If you do not you do not re-arrange delivery or as applicable collect them from a delivery depot we will contact you for further instructions and we shall have the right to charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you and/or you fail to re-arrange delivery (or collection from a depot as applicable) we may terminate (end) the contract and clause 12 will apply.

6.4          Late delivery. You have legal rights under the Consumer Rights Act 2015 if we deliver any goods late. For more detailed information please visit the Citizens Advice website www.adviceguide.org.uk

6.5          Responsibility & ownership of goods. The product will be your responsibility (that is at your risk) from the time (a) we deliver the product to the address you gave us or (b) you, or your representative, or a carrier organised by you, collects it from us. You will only own the product once we have received payment for it in full.

 

7.             PRODUCT WARRANTY

7.1          We provide a warranty in relation our products. Please refer to our warranty web page for the terms and conditions and length of our warranty.  Please note that our product warranty is in addition to your legal rights under the Consumer Rights Act 2015.

 

8.             YOUR RIGHT TO TERMINATE (END) THE CONTRACT

8.1          You may terminate (end) the contract only in the following circumstances by serving notice on us to that effect in writing.  Upon our receiving your written notice and agreeing that you are entitled to end the contract in these circumstances, then the contract will end immediately and we will refund you in full (where you have paid in advance) for any products which you have not been provided with. The circumstances entitling you to serve notice of termination are:

 

(a)   there is a risk that supply of the products may be significantly delayed because of events outside our control;

 

(b)   you have a legal right to end the contract because of something we have done wrong (that is we have breached the contract) including in certain circumstances we have delivered late. (Please note you may have legal rights under the Consumer Rights Act 2015 and other legislation if we have done something wrong; please visit the Citizens Advice website www.adviceguide.org.uk for more detailed information of your rights and remedies);

 

(c)   we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed; or

 

(d)   you have the right to cancel the contract and change your mind (but please see clause 9 below for further details of when the right to cancel applies).

 

9.             CANCELLING THE CONTRACT

9.1          In certain circumstances you may have the right to cancel (terminate) the contract simply because you have changed your mind.  Please read the rest of this clause 9 carefully for when this right applies.

9.2          Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR 2013) the right to cancel applies when a consumer has entered into an online contract (such as buying a product off the internet). Please note that: (a) the right to cancel may not always apply (please see clause 9.3 for important exceptions); and (b) the right to cancel must be exercised within the relevant time period (please see clause 9.4 in this regard).

9.3          Exceptions to right to cancel.  Please note you do not have a right to cancel the contract on changing your mind in respect of (a) the supply of goods that are made to your consumer's specifications or are clearly personalised or (b) the supply of goods which are liable to deteriorate or expire rapidly. There are also other exceptions where the right to cancel does not apply as set out in the CCR 2013.

 

9.4          Time frame for exercising right to cancel

Where you have bought goods from us then you have 14 days after the day you (or someone you nominate receives the goods.  However, when goods are split into several deliveries over different days you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.

 

10.          GIVING US NOTICE TO END OR CANCEL THE CONTRACT

 

10.1        Where you are entitled to end (terminate) the contract under clause 8 or cancel it under clause 9 and wish to do so, you must let us know by either telephoning, emailing or writing to us stating your intention and including details of what you bought, when you ordered or received it and your name and address.

10.2        If you are exercising you right to cancel the contract under clause 9 you may use (but do not have to) the model cancellation form to be found in clause below and then complete it and either email or post it to us. 

 

Model cancellation form

To: Customer Services, M. Billingham & Co. Limited City Estate, Corngreaves Road, Cradley Heath, West Midlands, B64 7EP.  Customer Services [or] to Customer services by email using the following e-mail address help@billingham.co.uk

I hereby give notice that I cancel my contract for the sale of the following goods [xxx]/ for the supply of the following service [xxx],   Ordered on [xxx]/received on [xxx].

Name of consumer(s), [xxx]

Address of consumer(s), [xxx]

Signature of consumer(s) (only if this form is notified on paper),

Date [xxx]

 

11.          RETURNING PRODUCTS ON ENDING CONTRACT

11.1        Where you are entitled to terminate (end) the contract under clause 8 or clause 9 and have done so after goods have been dispatched to you, or you have received them, then you must return them to us.

11.2        You must either return the goods in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call customer services or email us at for a return label or to arrange collection.  Our address and contact details are set out in clause 3.

 

11.3        If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

 

11.4        We will pay the costs of return: (a) if the products are faulty or misdescribed; or (b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or (c) because you have a legal right to do so as a result of something we have done wrong.  In all other circumstances (including where you are validly exercising your right to change your mind) you must pay the costs of return.

 

11.5        If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

 

11.6        We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

 

11.7        Deductions from refunds: you are validly exercising your right to change your mind under clause 9 above then:

 

(a)   We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way beyond what is necessary to establish the nature, characteristics and functioning of the goods (such as handling the goods over and above how you might in a shop situation). If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

(b)   The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3 to 5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

11.8        When your refund will be made. If you are validly exercising your right to change your mind then: (a) your refund will be made within 14 days from the day on which we receive the product back from you or, (b) if earlier, the day on which you provide us with evidence that you have sent the product back to us.

 

12.          OUR RIGHT TO END THE CONTRACT

12.1        We may end the contract if you do something wrong, For example we may terminate (end) the contract by giving notice in writing to you if (a) you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due; (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or (c) you do not, within a reasonable time, allow us to deliver the products to you.

12.2        If we terminate (end) the contract because you break it (that is you are in breach of contract) then we reserve the right to claim compensation (damages) from you in respect of the losses and/or costs we suffer or incur as a result.

 

13.          QUESTIONS, COMPLAINTS & YOUR LEGAL RIGHTS

13.1        Questions and complaints. If you have any questions or complaints about the product, please contact us (see clause 3 for contact details).

 

13.2        Your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Further the Consumer Rights Act 2015 (CRA 2015) and other legislation give consumer’s important legal rights and remedies.  For more detailed information please visit the Citizens Advice website www.adviceguide.org.uk

13.3        Your obligation to return rejected products. If you wish to exercise your legal rights to reject products under the CRA 2015 then you must either return them to us or, if they are not suitable for posting, allow us to collect them from you. We will pay the costs of postage or collection. Please contact customer services for a return label or to arrange collection (see clause 3 for our contact details).

 

14.          PRICE AND PAYMENT

 

14.1        Price for the product. The price of the product (plus applicable value added tax) will be the price indicated on the order pages of our website when you placed your order.  We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order.

14.2        Rates of value added tax. Valued Added Tax (VAT) maybe chargeable on our products and services and will be added as appropriate at the prevailing rate at the time of the order. The price of the product (plus VAT) will be the price set out in our order confirmation. If the rate of VAT changes between your order date and the date we supply the product and/or services, we will adjust the rate of VAT that you pay accordingly, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

14.3        Errors in price. It is always possible that, despite our taking all reasonable care, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we make a mistake and accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

14.4        When and how to pay. We accept payment from certain credit and debit cards. As regards our products, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

14.5        Interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

14.6        Invoicing mistake. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

 

15.          OUR LIABILITY TO YOU

15.1        We are not liable for business related losses. If you use the products purchased from us for any commercial, business or re-sale purposes then our liability to you will be limited in accordance our Terms of Sale of Products to business customers.

 

16.          HOW WE MAY USE YOUR PERSONAL INFORMATION

16.1        How we will use your personal information. We will use the personal information you provide to us: (a) to supply the products to you; (b) to process your payment for the products; and (c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

16.2        We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.

 

16.3        We will only give your personal information to third parties where the law either requires or allows us to do so.

17.          OTHER IMPORTANT TERMS

17.1        Nobody else has any rights under the contract, except someone to who you pass the benefit of the warranty referred to in clause 7. You need our written consent to transfer your rights under the contract to someone else (except that you may transfer our warranty).  As a consumer customer you may transfer the benefit of the warranty referred to in clause 7 to another person who has acquired the product from you. We will not accept any liability under the warranty unless the person seeking to rely on it is the original buyer or can produce a letter or chain of letters from the original buyer and subsequent buyers (where appropriate) transferring the benefit of the warranty to the new owner of the product in question.

17.2        If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

17.3        Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

17.4        These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

17.5        If you have a complaint as regards our products please contact us as soon as possible (ideally by email) with details of your complaint.  Please see clause 3 for our email address and contact details.   We will endeavour to resolve any complaints as soon as reasonably possible using our internal complaints procedure.  If we are unable to resolve your complaint after exhausting our complaints procedure then we will write to you (typically by email) with the following information: (a) confirmation that we are unable to resolve the complaint you have bought; (b) the name and website address of a ADR provider that would be competent to deal with your complaint; and (c) whether we are prepared to submit to an ADR procedure operated by an ADR provider. In regard ADR stands for alternate dispute resolution and this is a process where an independent body (the ADR Provider) consider the facts of a dispute between a trader and a consumer and seeks to resolve it without the parties having to go to court.

17.6        In addition to the above please note that you may submit a complaint / dispute to the Online Dispute Resolution Platform (the ODR platform). The ODR platform is a web-based platform developed by the European Commission whose objective is to help consumers and traders resolve their contractual disputes about online purchases of goods and services without having to go to court.  The link to the ODR platform is http://ec.europa.eu/odr and our email address is for this purposes is help@billingham.co.uk. Please note that the use of ADR and/or the ODR Platform is not mandatory. The consumer (you) and the trader (us) will both have to agree to the involvement of the applicable ADR Provider.