These terms and conditions apply to the use of this Website, by accessing this Website and/or placing an order with Bodle Bros Ltd you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you may not use or access this Website.
Before you place an order, if you have any questions relating to these terms and conditions, please contact a member of our team by emailing shop@bodlebros.co.uk, or call us on 01444 247757.
Use of the website
Access
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
Registration
Users can create an account on the Site which will allow them to view and track their orders in their account, move through the checkout process faster and store multiple addresses. Account holders will need to choose a user identification code and password. You must treat such information as confidential and 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 reasonable opinion you have failed to comply with any of the provisions of these terms of use. You acknowledge and agree that you remain responsible for all consequences arising from the use or misuse of your account login details and that instructions and actions transmitted via the Site will be deemed to have originated from you if your username and password has been utilised.
Uploading content to our Site
Any content you upload to our Site, including review of our products will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited license to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with our content standards.
Which country’s laws apply to any disputes?
You, the customer, and we, the seller, both agree that the courts of England and Wales will have exclusive jurisdiction. 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.
Who can buy on our site?
You are not allowed to buy any goods via this site if your main purpose is to use them to infringe our intellectual property or other legal rights.
Where you communicate with us on behalf of a company/organization, you promise that you have authority to act on behalf of that entity.
Indemnity
You agree fully to indemnify, defend and hold us, and our directors, employees and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
Our rights
We reserve the right to:
modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the conditions then you must immediately stop using the Website.
Third party links
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
Our Site’s security
You are responsible for configuring your information technology, computer programs and platform to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that 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.
Recommendations
When you use our website, you’ll see that we offer you recommendations, showing products we think you might like and could perhaps miss when you’re browsing the site.
We will treat all your Personal Data as confidential. We will keep it on a secure server and we will fully comply with all applicable privacy regulations and consumer legislation.
Terms and Conditions of Sale
Making a Purchase
When confirmation of an order is received, this indicates that we have received your order. It does not indicate that a contract exists between us. We will indicate acceptance of your order, and hence a contract between us, when your order has been dispatched and we send you an invoice. We have included this term to protect us in the case that a mistake has been made in pricing, we have inadvertently under-priced goods, or we are no longer able to supply a particular product for some reason. In the case of a change of price, we will always contact you first to ensure that the price is acceptable.
Deliveries
We aim to hold stocks of all lines illustrated on our website and aim to dispatch goods within 2 to 5 working days of receiving an order. However, at times of exceptional demand, delivery may be extended. Bodle Bros Ltd will not be liable for any loss caused to you by late delivery. Please note that we may vary our delivery charges from time to time.
We will deliver the goods to the address provided by you when you placed your order or the address details specified in your account. Delivery will be complete when we deliver to the address you give us when ordering. We may deliver different parts of your order on different dates.
The estimated date for delivery will be as specified by us to you when we confirm dispatch of your order. We will make every reasonable effort to deliver your products safely and in accordance with any specific delivery instructions that you give us however we will not be liable for any delay, damage or loss as a result of complying with such specific instructions. 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. Provided we do this, we will not be liable for delays caused by the event.
Goods (and risks to them) will become your responsibility from the time we deliver the goods to the address you gave us (or otherwise in accordance with your delivery instructions).
If the goods can’t be delivered because you haven’t complied with this contract (e.g., giving us the wrong delivery address, not paying customs/import charges, not contacting the courier to arrange re-delivery after an unsuccessful delivery attempt) and are sent back to us, you must pay us the amount of any resulting courier or warehouse fees that we have to pay other people. We can insist that such costs be paid before we arrange re-delivery and/or add them to any future order you make and/or to deduct them from any refund (to the extent legally allowed).
Delivery surcharges
Delivery to some postcodes may incur additional charges that may need to be re-calculated once the order has been received. Delivery is only to the countries mentioned on our site and is otherwise subject to any restrictions we have explained. We have the right to cancel any order from a country to which we don’t deliver (even if there is a legal contract).
We will contact you if it impacts your order. In the case of a change of price, we will always contact you first to ensure that the price is acceptable.
Our products
The images of the products on our Site are for illustrative purposes only and your product may vary slightly from those images. The product descriptions on the Site, whilst given in good faith, are subject to alteration by us without notice or any liability accruing to us.
Materials and textures are an approximation and can vary when viewed on different computer equipment. The packaging of the product may vary from that shown in images on our Site.
From time to time, and at our absolute discretion, purchase of our products may be subject to special promotions or offers. Any promotions or offers will be subject to these terms and conditions. We may change the terms of the promotions or offers, or withdraw such, at any time and without prior notice.
Manufacturer guarantees
Some of the goods that we sell may be subject to a manufacturer’s guarantee. If so, please read the term and conditions of those guarantees.
A manufacturer’s guarantee does not affect your legal rights as a Consumer. You can get advice about your legal rights from your local Trading Standards office or Citizens Advice Bureau.
Important warnings
The goods we sell via this site are potentially dangerous. It is your responsibility to ensure that the goods are used only:
a) in accordance with the manufacturer’s instructions and with all applicable laws and regulations; and
b) by persons with the appropriate level of training, qualifications, skill and experience.
Prices
Prices listed in our online store include Value Added Tax, where this is applicable.
Returns Policy
We want you to be satisfied with your purchase but if you are not, you can return any item within fourteen days of receipt, as long as it is unused and in its original packaging. Please ensure that you obtain and retain a proof of posting when you return your goods. This is to protect you in the event that your goods are lost in transit.
We will be happy to exchange the item for a replacement or to offer a refund which will go onto the card which was used when you made your purchase. We regret that we are not able to refund any postage charges.
You have a right to cancel your order within 14 days of receiving your purchase. Please notify us in writing within 14 days that you wish to cancel your order and that you intend to return the item(s) and we will be happy to offer you a full refund.
Please provide proof of purchase when returning an item. If you are unable to provide proof of purchase, an exchange or gift voucher to the value of the lowest-selling price for the returned goods will be offered. A refund will be offered regardless if the goods are faulty.
Returns: Faulty Goods.
Faulty goods should be returned to us in a clean condition. For health & safety reasons we are unable to handle goods that are not in a clean condition. We will evaluate the fault of items, and replace, repair or refund including carriage at our discretion. Please note that some products must be sent to the manufacturer for evaluation. We will make every effort to ensure that product complaints are dealt with efficiently, but cannot be held responsible for delays caused in transit etc.
However, we may make deductions from the price to reflect any reduction in the value of the goods which has been caused by your handling them in a way which would not be permitted in a shop or where the goods are in an unsuitable condition or with defaced packaging.
Please be aware that as some products sold on our website are perishable, in these cases the usual cancellation right for consumers does not apply. We are also unable to allow consumers to cancel the contract if the products bought have been personalised or customised specifically for them or according to their particular specification.
Please note that if the item returned is found to be not faulty we will make a charge to return the goods.
Damaged or Undelivered Goods
Please check the condition of your parcel on delivery prior to signing for acceptance. In the event that goods are missing or damaged on arrival please specify against your signature and inform us immediately, within 3 working days, otherwise no claim can be considered.
Non Delivery of Goods
We must be informed of non-receipt of goods within 7 days of dispatch. An email is sent automatically as orders are dispatched. Claims for non-receipt will not be accepted after this time.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
Credit Card Security
Credit card security is provided through Payment Sense Ltd. To ensure the security of credit card transactions, we use 3D secure (3-domain structure, also known as a payer authentication), which is a security protocol that helps prevent fraud in online credit and debit card transactions.
All credit card transactions are processed online using Payment Sense Ltd and you will receive online confirmation of payment authorisation.
Bodle Bros Ltd take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from Bodle Bros Ltd.
Data Privacy
We will not and do not supply any of your details to any third party. The privacy of your personal information is very important to us. From time to time we may send you e-mail notifications on promotions from Bodle Bros Ltd. In all e-mails you will be given the option to be removed from our mailing list. You will not be sent future correspondence unless you request to be added to our mailing list at a later date. Bodle Bros Ltd will not pass any of your details to third parties unless required to do so as part of the order verification process or if required to do so by UK governing law.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question
Discount Codes
All discount codes exclude Bodle Bros Gift Vouchers and the products detailed below: (if any)
Discount codes or gift cards cannot be used in conjunction with any other offer including free gift promotions.
Nobody else has any rights under this contract
This contract is between you, the buyer, and us, the seller. No other person shall have any rights to enforce any of its terms.
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.
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.
Restrictions on our legal responsibility for goods.
Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.
The following clauses apply only if you are a Consumer:
a) We are under a legal duty to supply goods that are in conformity with the contract. Nothing in our agreement affects your legal rights relating to goods that don’t conform with the contract, whether because they are faulty, not as described or otherwise. You can get advice about your legal rights from your local Trading Standards office or Citizens’ Advice Bureau.
b) We are not responsible for any loss or damage where:
•there is no breach of a legal duty owed to you by us;
• such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract
• (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
• such loss or damage relates to a business (as we do not intend for goods bought by Consumers to be used for business).
c) You will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement.
The following clauses apply only if you are not a Consumer:
a) Our total aggregate liability of any kind (including for our own negligence) is limited to the price paid for the goods.
b) In no event (including for our own negligence) will we be liable for any:
• economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
• loss of goodwill or reputation;
• special, indirect or consequential losses; or
• damage to or loss of data (even if we have been advised of the possibility of such losses).
c) You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement.
d) We warrant that the goods shall be of satisfactory quality.
e) To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
f) This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
Company Information
Bodle Bros Ltd, company registration no 430877, VAT number 190239662. We operate under UK law. Our registered office is: Bodle Bros Ltd, Southdown Store, Cuckfield Road, West Sussex, RH15 8RE.
