Terms of Sale.

 

1. These terms

1.1           What these terms cover. These are the terms and conditions on which we supply products to you. These terms govern our contract with you if you are a ‘consumer’ (meaning you are an individual acting for purposes which are wholly or mainly outside your trade, business, craft or profession). If you are a business, then other terms may apply between us, and we will contact you separately about these.

1.2           Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss them.


2. Information about us and how to contact us

2.1           Who we are. We are Beaudurof Limited a company registered in England and Wales. Our company registration number is 09833033 and our registered office is at Rift House, 200 Eureka Park Upper Pemberton, Kennington, Ashford, England, TN25 4AZ. Our main trading address is ideaSpace City, 3 Laundress Lane, Cambridge, CB2 1SD. Our VAT number is 235086708.

2.2           How to contact us. You can contact us by emailing to our customer service team at   info@beaudurof.com or writing to us at Beaudurof Limited, ideaSpace City, 3 Laundress Lane, Cambridge, CB2 1SD.  

2.3           How we may contact you. If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your order.

2.4           "Writing" includes emails. When we use the words “writing” or “written” in these terms, this includes emails.


3. Our contract with you

3.1           How we will accept your order. Our acceptance of your order will take place when we send you a confirmation email, at which point a contract will come into existence between you and us.

3.2           If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources that we could not reasonably plan for, because we have identified an error in the price or description of the product, because you have asked for the product to be sent to a PO Box address, or because we are unable to meet a delivery deadline you have specified.

3.3           Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.


4. Our products

4.1           Products may vary slightly from their pictures. Images of the products on our website 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. Leather is a natural material and may have inconsistencies in its structure, which could result in product variations - we cannot accept responsibility when this occurs. 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 website have a 3% tolerance. 

4.2           Product packaging may vary. The packaging of the product may vary from any packaging that may be shown in images on our website.


5. Your rights to make changes

5.1           If you wish to make a change to the product you have ordered, please contact us by email. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else that would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 (Your rights to end the contract)).


6. Our rights to make changes

6.1           Changes to the products. We may change the product:

(a)         to reflect changes in relevant laws and regulatory requirements; and

(b)        to implement minor technical adjustments and improvements.


7. Providing the products

7.1           Delivery costs. The costs of delivery will be as displayed to you on our website.

7.2           When we will provide the products. During the order process we will endeavour let you know when we will provide the products to you. We will contact you with an estimated delivery date nearer the time of delivery.

7.3           We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control (including but not limited to acts of God, flood, drought, earthquake or other natural disaster; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent; collapse of buildings, fire, explosion or accident; any labour or trade dispute, strikes, industrial action or lockouts; non-performance by suppliers or subcontractors; or interruption or failure of utility service) 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. Provided we do this we will not be liable for delays caused by the event, 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 received.

7.4           If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our delivery company will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.5           If you do not re-arrange delivery.  If after two failed delivery attempts to you, and you do not collect the product(s) from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

7.6           Your legal rights if we deliver product late after we have informed you of a delivery date. You may have legal rights if we deliver any product late. If we miss the delivery deadline for any product, then you may treat the contract as at an end straight away if we have refused to deliver the product, or if delivery within the delivery deadline was essential and you informed us that it was essential in reasonable time before shipment, then you may treat the contract as at an end straight away.

7.7           Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.6, you can cancel your order for the product or reject the product that has been delivered. After that we will refund any sums you have paid to us for the cancelled product. If the product(s) have been delivered to you, you must post them back to us. Please email us at info@beaudurof.com for a return label.

7.8           When you become responsible for the product. The product will be your responsibility from the time we successfully deliver the product to the address you gave us.

7.9           When you own the product. You own a product once we have delivered the product to the address you gave us.

7.10        What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by your not giving us the information we need within a reasonable time of us asking for it.

7.11        Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product:

(a)         to deal with technical problems or make minor technical changes;

(b)        to update the product to reflect changes in relevant laws and regulatory requirements;

(c)         due to significant issues with suppliers of our specially selected materials, which we make the products from;

(d)        due to material changes to customs arrangements and to the free movement of goods in the EU that result in our manufacturing process becoming non-commercially viable; or

(e)         to make changes to the product as requested by you or notified by us to you (see clause 6.).

7.12        We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the product(s) until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the product(s). We will not suspend the supply of product(s) where you dispute the unpaid invoice (see clause 12.5). As well as suspending the products we can also charge you interest on your overdue payments.


8. Your rights to end the contract

8.1           You can always end your contract with us.  Your rights when you end the contract will depend whether there is anything wrong with the products you purchased, how we are performing and when you decide to end the contract:

(a)         If what you have bought is faulty or not as described you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;

(b)        If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;

(c)         If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any product;

(d)        In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.5.

8.2           Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below, the contract will end immediately and we will refund you in full for any products that have not been provided and you may also be entitled to compensation. The reasons are:

(a)         we have told you about an upcoming change to the product or these terms which you do not agree to;

(b)        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;

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

(d)         you have a legal right to end the contract because of something we have done wrong.

8.3           Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days of receiving the products, and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4           How long do I have to change my mind? you have 14 days after the day you (or someone you nominate) receives the product.

8.5           Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault, just contact us to let us know. The contract will end immediately, and we will refund any sums paid by you for products not provided (including any deposit) but we may deduct from that refund or, if you have not made an advance payment, charge you reasonable compensation for the net costs we will incur as a result of your ending the contract.


9. How to end the contract with us (including if you have changed your mind)

9.1           Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following: 

(a)         By email. Email customer services at info@beaudurof.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b)        By post. Write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

9.2           Returning products after ending the contract. If you end the contract for any reason after the product(s) have been dispatched to you and you have received them, you must return them to us. You must return the product by posting it back to us at Beaudurof Limited, ideaSpace City, 3 Laundress Lane, Cambridge, CB2 1SD. Please email customer services at info@beaudurof.com for a return label.  If you are exercising your right to change your mind you must send off the product within 14 days of telling us that you wish to end the contract.

9.3           When we will pay the costs of return. We will pay the costs of return:

(a)         if the products are faulty or not as described;

(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 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 exercising your right to change your mind) you must pay the costs of return.  

9.4           What we charge for collection. 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.

9.5           How we will refund you.  We will refund you the price you paid for the product(s) including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.6    Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind

9.7     we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the product, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the product and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount .

9.8           When your refund will be made. We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.


10. Our rights to end the contract

10.1        We may end the contract if you break it. We may end the contract for the sale of a product at any time by writing to you if:

(a)         you do not make any payment to us when it is due, and you still do not make any payment within 14 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 product(s), for example;

(c)         you do not, within a reasonable time, allow us to deliver the product(s) to you or collect them from us.

10.2        You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for the product(s) we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10.3        We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 30 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for any product(s) which will not be provided.


11. If there is a problem with the product

11.1        How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can email customer services at info@beaudurof.com or write to us at Beaudurof Limited, ideaSpace City, 3 Laundress Lane, Cambridge, CB2 1SD.

11.2        Our duty. We are under a legal duty to supply products that are in conformity with this contract.

11.3        Your obligation to return rejected products. If you wish to exercise your legal rights to reject the product(s), then you must post them back to us. We will pay the costs of postage or collection. Please email customer services at info@beaudurof.com for a return label or to arrange collection.


12. Price and payment

12.1        Where to find the price for the product. The price of the product (which includes VAT if you are purchasing within the European Union) will be the price indicated on the order pages 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 12.3 for what happens if we discover an error in the price of the product you order.

12.2        We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3        What happens if we got the price wrong. It is always possible that, despite our best efforts, 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 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 product provided to you.

12.4        When you must pay and how you must pay. We accept payment with Visa, Mastercard, American Express, Apple Pay. The payment requirements are set out on the orders page of our website. Where we require a deposit, you will pay the deposit to us and we will keep this on account until we ask you to pay the balance and arrange a delivery date for product(s). The deposit will be debited from your account and, if required, will be reimbursed to you in accordance with clause 8.5 above.

12.5        What to do if you think an invoice is wrong. 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.

12.6        International Delivery. 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. You will be responsible for payment of any such import duties, taxes and admin fees incurred. Please contact your local customs office for further information before placing your order. 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.


13. Our responsibility for loss or damage suffered by you

13.1        We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2        We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the product(s) as summarised at clause 11.2; and for defective products under the Consumer Protection Act 1987

13.3        We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.


14. How we may use your personal information

14.1        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 product updates, and similar products that we provide, but you may stop receiving this at any time by contacting us.

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


15. Other important terms

15.1        We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

15.2        You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3        Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

15.4        If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses 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.

15.5        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.

15.6        Which laws apply to this contract and where you may bring legal proceedings. 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.

15.7        Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.