Trading terms and conditions of Baytree Kitchens & Interiors
These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase Products. If you are under 18, please confer with an adult to make your purchase.
We are: Baytree Kitchens & Interiors
Our address is:
9 High Street
Wotton-Under-Edge
Gloucestershire
GL12 7DE
You are: a visitor to Our Website / our customer
The terms and conditions
1 Definitions
In this agreement:
"Carrier" means any person or business contracted by us to carry Products from us to you, whether all or part of the distance.
"Consumer" means any natural person who, in connection with this agreement, is acting for purposes which are outside his business.
"Our Website" means the entire computing hardware and software installation that is or supports Our Website.
"Products" means any of the Products we offer for sale on our Website
"Content" means any material in any form published on Our Website by us or any third party with our consent.
"Material" means Content of any sort posted by you on Our Website
"Business Day" means Tuesday to Friday 10:00 to 17:00 and excludes bank holidays
2 Our contract with you
These terms and conditions apply:
2.1 So far as the context allows, to you as a visitor to Our Website; and
2.2 in any event to you as a buyer or prospective buyer of our Products.
2.3 We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall dispatch your order.
2.4 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Products.
2.5 Unfortunately, we cannot guarantee that Products advertised on our website are available.
2.6 If we do not have all of the Products you order in stock, we will offer you alternatives. If this happens you may:
1. accept the alternatives we offer;
2. cancel all or part of your order;
2.1 If in future, you buy Products from us under any arrangement which does not involve your payment via Our Website, these terms still apply.
2.2 If we owe you money on account of your cancellation, we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 15 days from the date of cancellation of your order.
3 Your account with us
3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Products.
3.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
3.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
3.4 We reserve the right to refuse you access to Our Website.
4 Price and Payment
4.1 We endeavour to keep our website and catalogue prices updated and accurate but it is possible that the price may have increased from that published or is inaccurate. If we discover a pricing error we will, at our discretion, either: contact you and ask you whether you wish to cancel your order or continue with the order at the correct price; or notify you that we have cancelled your order. We are not obliged to supply goods at the incorrect price.
4.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
4.3 All prices are inclusive of VAT but exclusive of delivery charges which will be payable as indicated at the time the order is placed.
4.4 Prices include UK value added tax. If you show by your delivery address that you reside outside the United Kingdom, VAT will be deducted at the payment point.
4.5 On occasion, the prices payable and promotions offered in respect of goods advertised on Our Website may differ from those prices and promotions offered at the same time in-store. We are under no obligation to honour any in-store price or promotion in the event that they differ from those on Our Website. Similarly, our store is under no obligation to honour any price or promotion on Our Website in the event that they differ from those in-store.
4.6 Prices that are reduced for sales and promotions are only valid for the specified period.
5 Product Availability
5.1 All information provided on the Products on Our Website is intended as a guide only. Dimensions and weights are only approximate, as are colours. If you are ordering goods that are out of stock we will dispatch them when they are received from our supplier.
5.2 On occasion Products are subject to availability and delay in delivery of Products is sometimes outside our control. As such, delivery cannot be guaranteed and any dates we specify for the delivery of the Products are approximate only. We shall not be liable for any losses, costs, damages, charges, or expenses caused by any delay for delivery of the Products.
6 Order Processing
6.1 Your order is sent directly to our secure till in our shop for processing. Once we have received your order and payment, our staff will pick, pack and dispatch the item.
6.2 We will aim to dispatch all orders received by 2pm on the same day Tues-Fri (excl Bank Holidays). All orders received after that time will be dispatched the next Business Day.
7 Delivery
7.1 Deliveries will be made by post / a carrier instructed by us to the address stipulated in your order. You must ensure that someone is present to accept delivery.
7.2 If we are unable to deliver your order after two calls by Royal Mail / our carrier, we will notify you to try to arrange an alternative date for delivery, convenient to you. If we have failed to contact you after 10 days from the first time we attempted delivery, we will cancel your order and return money paid for the goods. We will retain any charge we made for delivery.
7.3 We may deliver the Products in installments if they are not all available at the same time for delivery.
7.4 Products are sent at our risk until signed for by you or by any other person at the address you have given to us.
7.5 Products are sent by post/ carrier. We will send you a message by email to tell you when we have dispatched your order.
7.8 We have a policy of recycling as much packaging as possible. We will pack you order in appropriate recycled packaging.
7.9. * Free delivery where stated does not always apply to furniture, special orders or other large items and is limited to within 50 miles of GL12 7DE unless specifically agreed. If you are unsure or require a delivery quotation please contact the shop.
8 Cancellation and Refund Policy
8.1 If you are a citizen of the European Union, and you bought the Products as a Consumer, you may cancel your order at any time before we despatch your order or before the expiry of 7 working days from the date you receive your order, not including the day you received it. Please note that due to the size & value of Neptune items we are unable to offer refunds or exchanges on unwanted items.
8.2 As required by the Distance Selling Regulations, details of our after-sales service and guarantees, if any, are given on our website / in our catalogue.
8.3 If you cancel before we have sent the Products, we will refund to you the price of the Products and the cost of delivery, if any.
8.4 If you cancel after we have despatched the Products, we will refund the price of the goods only. Please note that due to the size & value of Neptune items we are unable to offer refunds or exchanges on unwanted items.
8.5 The option to cancel your order is not available if the Products are:
8.5.1 perishable;
8.5.2 made or altered to your specification;
8.5.3 subject of a special order
8.5.4 toiletries or other cosmetics
8.6 If you cancel your order after we have despatched the Products, you must return them to us within 7 days of receipt and in the same condition in which you received them. Including, as far as is reasonably possible, all packaging. We cannot refund your money if the Products have been used, worn or damaged. Please note that due to the size & value of Neptune items we are unable to offer refunds or exchanges on unwanted items.
8.7 You are responsible for the cost of returning them.
8.8 To assist us in identifying your Products on receipt by us, telephone 01453 521721 for a returns reference that is to be placed below our address / returns label.
8.9 If you fail to return the goods, within 14 days, we are entitled to arrange for their collection. If we do we shall look to you to repay us the cost of collection.
8.10 We will refund your money after the Products have been received and inspected by us and within 30 days.
8.11 This paragraph does not affect your rights in the event that the Products are faulty.
9 Return of Faulty Products
9.1 Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Product, please tell us at the earliest opportunity.
9.1.1 exactly what is the fault;
9.1.2 the date, if relevant, when the fault became apparent;
9.1.3 when and how you discovered the fault;
9.1.4 how the fault affected your use of the Product;
9.2 To do this, it is essential that you follow the instructions below. These provisions apply in the event that you return Products to us because you say they are faulty:
9.3 You must tell us by email message to admin@baytreekitchens.co.uk or by letter to our land address at the top of this agreement, you that you would like to return goods, specifying exactly what goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note via e-mail. If you send goods to us without a printed copy of the returns note, we may not be able to identify sufficient details to enable us to attend to the issue.
9.4 The Products must be returned to us as soon as any defect is discovered.
9.5 So far as possible, Products should be returned:
9.5.1 with both goods and all packaging as far as possible in their original condition;
9.5.2 securely wrapped;
9.5.3 include a printed version of the returns note e-mailed to you
9.5.4 at your risk and cost.
10 Foreign taxes, duties and import restrictions
10.1 If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.
10.2 You are responsible for purchasing Products which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
11 Privacy Policy
11.1 Thomas and Lucia is committed to protecting your privacy. We will only use information given at the time of ordering or when making an enquiry by whatever means is collected lawfully and in accordance with the Data Protection Act 1998.
We do not pass your personal information on to third parties.
11.2 All transactions that you initiate with Baytree Kitchens & Interiors on this web site are confidential. Your name will not be added to any third party mailing lists.
12 The Data Protection Act
12.1 Under the terms of the Data Protection Act 1998, we have a duty to protect any information we collect from you. It will not be disclosed to any other organisation unless you give explicit permission, or there is a legal obligation to do so. We collect information about you for two main reasons:
• To process your online order.
• To provide you with the most efficient possible service.
12.2 The information collected will be used to personally keep in touch and let you know of any offers, sales or promotions that Baytree Kitchens & Interiors are carrying out (if you have selected to receive these emails/newsletters).
13 Disclaimers
13.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Products, at any time and without advance notice.
13.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
13.3 We give no warranty and make no representation, express or implied, as to:
13.3.1 the adequacy or appropriateness of the Products for your purpose;
13.3.2 the truth of any Content on Our Website published by someone other than us;
13.3.3 any implied warranty or condition as to merchantability or fitness of the Products for a purpose other than that for which the Products are commonly used;
13.3.4 compatibility of Our Website with your equipment, software or telecommunications connection.
13.4 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
13.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Products.
13.6 In any event, including the event that any term or condition or obligation on our part ("Implied Term") is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
13.7 The above two sub paragraphs do not apply to a claim for personal injury.
14 Content and Intellectual Property Rights
14.1 We will defend the intellectual property rights in connection with our Products and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
14.2 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
14.3 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
14.4 You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
14.5 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
15 Your email address
15.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
15.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
15.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
16 System Security
16.1 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.
16.2 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
16.3 You may not use any software tool for the purpose of extracting data from our website.
16.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
17 Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers? fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
18 Miscellaneous provisions and information
18.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post
18.2 All communication must be in English.
18.3 Our normal shop opening hours are Tuesday to Sat 10:00 to 17:00 excluding bank holidays. These may vary at anytime without prior notice.
18.4 The Customer support and enquiries service for Our Website is available 10:00 to 17:00 Tuesday to Friday and excludes bank holidays.
18.5 Our VAT number is:
18.6 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
18.7 Nothing in this agreement or on Our Website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
18.8 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
18.9 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
18.10 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
18.11 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
18.12 This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Products, the application of which is hereby expressly excluded |
