Terms & Conditions of Sales
Page updated: July 2022
B.E.S. LIMITED, TERMS & CONDITIONS FOR THE SUPPLY OF GOODS
PART A IMPORTANT PLEASE READ
Please read these terms and conditions carefully before you submit your order to us. These are the terms and conditions of contract that apply to our supply of goods to both our business customers and consumer customers.
However, depending upon whether you are a business customer or a consumer customer, you will have different rights and obligations under these terms and conditions. When we refer to a business customer then, in relation to our supply of goods, we are referring to a person acting for purposes relating to that person's trade, business, craft or profession, whether acting personally or through another person acting in the trader's name or on the trader's behalf. When we refer to a consumer customer then, in relation to our supply of goods, we are referring to an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession. If you are a business customer, the terms and conditions of Part B shall apply to the sale contract (but not the provisions of Part C). If you are a consumer customer, purchasing directly from us, then all the terms and conditions of Part C shall apply to the sale contract between us (but not the provisions of Part B).
PART B TERMS APPLYING TO BUSINESS CUSTOMERS ONLY
We draw your attention to your rights of return under clause 7 and the limits to our liability in clause 11 of these Conditions. In these Conditions ‘the Company’ shall mean B.E.S. Limited whose registered company number is 1202345 and whose registered office is situated at Regent House, Bath Avenue, Wolverhampton WV1 4EG and ‘Goods’ shall mean and include goods or any part thereof of any description to be supplied as described on the Company’s website and in the Company’s catalogue. The Company reserves the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirements.
1. FORMATION OF CONTRACT
1.1 All quotations, offers and tenders are made and all orders are accepted subject to these Conditions except as otherwise provided in these Conditions. All other terms, conditions or warranties whatsoever are excluded from any contract between the Company and any Customer unless expressly accepted in writing by a board director of the Company.
1.2 Quotations, offers and tenders issued by the Company are not offers capable of acceptance so as to form a binding contract. An order placed by the Customer with the Company whether via the Company’s website (www.bes.co.uk), catalogue or otherwise will be construed as an offer to purchase the Goods from the Company. The processing of a Customer’s payment and acknowledgement of an order will not constitute legal acceptance of the order. It is at the Company’s discretion whether to accept the Customer’s offer. The dispatch by the Company of all or part of the order placed will be construed as acceptance by the Company of all or part as the case may be of the Customer’s offer to purchase.
1.3 In the event of a conflict between these Conditions and the Company’s express terms of any quotation, offer, tender and/or order acknowledgement, then such express terms shall prevail.
1.4 Quotations, offers and tenders issued by the Company are for the whole of the Goods referred to in them and the Company reserves the right to refuse acceptance of any order which relates to only part of the Goods forming the subject of a quotation, offer or tender.
1.5 If any non-fraudulent statement or representation has been made to the Customer by the Company, or its employees, officers or agents upon which the Customer relies (other than in the document(s) enclosed with the Company’s quotation or acknowledgement of order) then the Customer must set out that statement or representation in a document to be attached to or endorsed on the order. In any such case the Company may confirm, reject or clarify the point and submit a new quotation and the Customer shall only be entitled to rely on any such statement or representation if the statement or representation is attached or endorsed on the Customer’s order and then only if the Company subsequently confirms in writing to the Customer that the Customer is entitled to rely on the statement or representation. Under no circumstances shall the Company be responsible or held liable in respect of any statement or representation relied upon by the Customer which is not attached to or endorsed on the order and subsequently confirmed in writing by the Company.
2.1 Unless otherwise agreed by the Company in writing, all prices are exclusive of VAT. Unless a special offer of the Company applies all orders will incur a carriage charge at the rate for the time being inforce as set out on the Company’s website or in its then current catalogue or in any other then current literature produced by the Company.
2.2 Where, at the Customer’s request, orders are forwarded by any means involving a higher carriage charge than would be incurred by use of the Company’s usual means of carriage, then the additional charge will be paid by the Customer.
2.3 Quoted prices are subject to fluctuation at any time for any reason, including changes in commodity prices, currency exchange rate fluctuations, supplier price increases and changes in market conditions. Where a price differs from that quoted in the Company’s then current catalogue or on its website, the Company will contact the Customer by e-mail, telephone, post or other appropriate method to inform the Customer of the revised price before dispatching the Goods. The Customer may then cancel the offer to purchase, or confirm the offer to purchase at the revised price if one is offered by the Company. The Company also reserves the right to make an additional charge to cover any increase in transport costs occurring before the date of delivery.
2.4 In the event of any alteration being requested by the Customer as regards the design or specification of any Goods which is agreed by the Company, then the Company shall be entitled to make an adjustment to the quoted price fairly reflecting such alteration.
3.1 Unless otherwise agreed by the Company in writing, payment shall be due and payable at the point at which the Goods are ordered by the Customer whether through the website, from the catalogue or otherwise.
3.2 Unless otherwise agreed by the Company in writing, payment for the price of the Goods and any carriage charges must be received in full by the Company prior to an order being processed by the Company.
3.3 No disputes arising under the contract or delays beyond the reasonable control of the Company shall interfere with prompt payment in full by the Customer.
3.4 In the event of default in payment by the Customer, the Company shall be entitled (without prejudice to any other right or remedy) to do any or all of the following:-
3.4.1 to terminate the contract with immediate effect by giving written notice to the Customer;
3.4.2 to suspend all further deliveries under the contract or any other contracts between the Company and the Customer then current, without notice;
3.4.3 to charge interest on any amount outstanding at the rate of 8%per annum above the Base Rate of the Bank of England;
3.4.4 to serve notice on the Customer requiring immediate payment for all Goods (including all carriage charges in respect thereof)supplied by the Company under the contract and all other contracts with the Customer whether or not payment is otherwise due or invoiced;
3.4.5 to deduct from any monies due or to become due to the Customer any monies due to the Company or any associated or subsidiary company of the Company from the Customer under the contract and/or any other contract; and/or
3.4.6 to sue for the price of the Goods (and all carriage charges in respect thereof) even though title in the Goods may not have passed to the Customer.
3.5 Should an error occur in the pricing of the Goods or carriage charges by the Company, the Company will not be obliged to supply or deliver the Goods to the Customer at the incorrect price. The Company reserves the right to correct errors in pricing and descriptions of the Goods, and carriage charges in respect thereof, from time to time.
3.6 If any Goods are purchased at an incorrect price, the Company may cancel the contract, whereupon the Customer shall return the Good sin accordance with the instructions of the Company and at the Company’s cost, following which the Company shall refund the Customer the price paid for the Goods.
4.1 Time for delivery is given as accurately at possible but is not guaranteed. The Customer shall have no right to damages or to cancel any contract for failure for any cause to meet any delivery time stated nor shall the Customer be entitled to make, or to purport to make, time for delivery of the essence of the contract.
4.2 The date of delivery shall in every case be dependent upon prompt receipt of all necessary information, final instructions or approvals from the Customer. Any delays or alterations by the Customer in design, specifications or quantities required may result in delay in delivery.
4.3 Failure by the Customer to take delivery of or to make payment in respect of any one or more instalments of Goods delivered under the contract shall entitle the Company to treat the whole or part of the contract as repudiated by the Customer.
4.4 The Company will endeavour to comply with reasonable requests by the Customer for postponement of delivery but shall be under no obligation to do so. Where delivery is postponed otherwise than due to the default of the Company, the Customer shall pay all costs and expenses, including a reasonable charge for storage and transportation so occasioned, and payment for the Goods shall be made in accordance with these Conditions.
4.5 The Company will not be liable for unloading the Goods at the designated point of delivery or for placing them in position on site.
4.6 The Company shall have the right to make delivery by instalments and in that event each delivery shall stand as a separate contract and failure to make any instalment delivery shall not entitle the Customer to repudiate the whole contract.
4.7 Unless otherwise agreed in writing, whether or not the Company shall arrange transport, delivery shall be effected when the Goods leave the premises of the Company or those of the suppliers to the Company where the Goods are dispatched direct from such suppliers’ premises to the Customer.
4.8 Any delivery note or notes presented by or on behalf of the Company and/or its carrier must be signed by or on behalf of the Customer on receipt of the Goods.
5.1 The Company may at its discretion submit a sample to the Customer for approval before executing the bulk of the order which will only be commenced on receipt by the Company of such approval in writing. All Goods in respect of which a sample is so approved shall be deemed to have been satisfactorily tested by the Customer and to be suitable for the purposes for which the Customer requires them.
5.2 Notwithstanding that samples may be or have been submitted by the Company, the sale to the Customer is not and shall not be deemed to be a sale by sample for the purposes of Section 15 of the Sale of Goods Act 1979. Any samples submitted to the Customer are intended to indicate only the substance and the general character of the materials and the Customer shall have no claim if the colour or composition of the bulk supplied fails to correspond with the sample in such respect unless the particular requirement is specified by the Customer and accepted by the Company in writing.
6. RISK AND TITLE
6.1 Risk shall pass to the Customer so that the Customer is responsible for all loss, damage or deterioration to the Goods:-
6.1.1 if the Company arranges transport for the Goods, at the time when the Goods arrive at the designated place of delivery, or
6.1.2 in all other circumstances, at the time when the Goods leave the premises of the Company.
6.2 Title to the Goods shall only pass to the Customer upon the happening of any one of the following events:-
6.2.1 the Customer has paid to the Company all sums (including any default interest) due from the Customer to the Company under the contract and under all other contracts between the Company and the Customer including (for avoidance of doubt)any sums due under contracts made after the contract whether or not the same are immediately payable and under all contracts between the Company and any associated or subsidiary company of the Customer or any company under the ultimate control of the same parent company as has ultimate control of the Customer; or
6.2.2 when the Company serves on the Customer notice in writing specifying that title in the Goods has passed; or
6.2.3 the Customer resells the Goods, in which case title to the Goods shall pass to the Customer immediately before the time at which resale by the Customer occurs.
6.3 The Company may recover Goods in respect of which title has not passed to the Customer at any time and the Customer hereby licenses the Company, its officers, employees and agents to enter upon any premises of the Customer with or without vehicles for the purpose either of satisfying itself that clause below is being complied with by the Customer or of recovering any Goods in respect of which title has not passed to the Customer.
6.4 Until title has passed to the Customer pursuant to these Conditions its hall possess the Goods as bailee of the Company and store the Goods separately from other goods and shall ensure that they are clearly identifiable as belonging to the Company. During such time as the Customer possesses the Goods with the Company’s consent, the Customer may in the normal course of its business sell or hire the Goods as principal but without committing the Company to any liability to the person dealing with the Customer.
7. RETURNS, SHORTAGES AND NON-DELIVERY
7.1 Within 30 days of delivery of the Goods, the Customer may return the Goods to the Company, for any reason, at the cost of the Customer(subject to any provisions for the time being in force for the cost of returns to be borne by the Company, as set out in the Company’s website or in its then current catalogue or in any other then current literature produced by the Company), except that the right of return set out in this clause shall not apply in the case of Goods specially purchased by the Company for the Customer where the Company is not itself entitled to return the Goods to its supplier for a full refund.
7.2 All Goods that are returned to the Company must be in the same condition they were in as at the point they were dispatched to the Customer by the Company and must be returned in the same packaging materials in which the Goods were delivered to the Customer.
7.3 All Goods must be returned with all components and also any promotional items received, including free gifts.
7.4 Subject to the above conditions, the Company will reimburse the cost of the Goods as soon as reasonably possible after the Goods are received and in any event within 30 days of that date, or replace the Goods if required by the Customer and agreed by the Company.
7.5 If the Goods are faulty or damaged, the Customer shall notify the Company within three working days of delivery. The Company may at its discretion either:
7.5.1 offer to replace or repair any Goods that are damaged or defective upon delivery; or
7.5.2 cancel the contract (or the part of the contract affected) and refund to the Customer the amount paid for the Goods in question.
7.6 The right to return the Goods supplied under the contract will expire after the 30 day period referred to in clause 7.2
7.7 The Customer shall have no claim for shortages in a delivered consignment unless the Company is notified in writing within three working days of delivery. Non-delivery of a whole consignment must be advised within seven days of the notified date of dispatch.
7.8 If a complaint is not made to the Company as provided in clause then the Goods shall be deemed to have been delivered in all respects in accordance with the contract and the Customer shall be bound to pay for the same accordingly.
8. SPECIFICATION, INFORMATION AND USE
8.1 The Company reserves the right to alter or change the dimensions or composition of the Goods to conform to applicable standards or laws or otherwise within reasonable limits having regard to the nature of the Goods.
8.2 The information contained in any advertising, sales and technical literature issued by the Company or published on its website, including but not limited to any illustrations, performance details, examples of installations and methods of assembly and all other technical data in such literature, are provided for general guidance only. No such information or data shall form part of the contract unless the Customer shall have complied with clause relating to statements and representations and the Company shall have given the written confirmation referred to in that clause.
8.3 The Customer warrants that the Goods will be used in such manner and for such purposes only as are permitted by the laws of England and Wales or such other country in which the Goods are to be used and in accordance with any instructions provided by the Company (or other third party) with the Goods. The Customer hereby indemnifies the Company against any liability to third parties to which the Company may become subject in relation to use of the Goods supplied to the Customer by the Company for any purposes or in any manner other than as is expressly permitted by the contract.
9.1 The Company warrants that on delivery the Goods shall:
9.1.1 conform with their description;
9.1.2 be free from material defects in design, material and workmanship; and
9.1.3 be fit for any purpose held out by the Company.
9.2 Subject to clause 9.3, if: (a) the Customer gives notice in writing to the Company within 30 days of delivery that some or all of the Goods do not comply with the conditions set out in clause 9.1; (b) the Company is given a reasonable opportunity of examining such Goods; and (c)the Customer (if asked to do so by the Company) returns such Goods to the Company’s place of business at the Company’s cost, then the Company shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
9.3 The Company shall not be liable for the Goods' failure to comply with the conditions set out in clause 9.1 in any of the following events:
9.3.1 the Customer makes any further use of such Goods after giving notice in accordance with clause 9.2;
9.3.2 the defect arises because the Customer failed to follow the Company’s or the manufacturer’s instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;
9.3.3 the Customer alters or attempts to repair such Goods without the written consent of the Company;
9.3.4 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
9.3.5 the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
9.4 Except as provided in this clause 9, the Company shall have no liability to the Customer in respect of the Goods' failure to comply with the conditions set out in clause 9.1.
9.5 These Conditions shall apply to any repaired or replacement Goods supplied by the Company.
9.6 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979are expressly excluded from the contract to the fullest extent permitted by law.
10. MANUFACTURER’S WARRANTIES AND GUARANTEES
10.1 If Goods are sold with a manufacturer's warranty, guarantee or similar assurance, the Company does not have any responsibility or liability under or in connection with any such warranty, guarantee or assurance.
11. LIMITATION OF LIABILITY
11.1 The restrictions on liability in this clause 11 apply to every liability arising under or in connection with the contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
11.2 Nothing in the contract limits any liability which cannot legally be limited, including liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation and (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979.
11.3 Subject to clause 11.2, the following types of loss are wholly excluded:
11.3.1 loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of or damage to goodwill (whether in each case whether direct or indirect loss);
11.3.2 indirect or consequential loss; and
11.3.3 losses special to the particular circumstances of the Customer such as work required in connection with the removal of defective Goods and the installation of repaired or substituted Goods, damage to property or wasted expenditure.
11.4 Subject to clause 11.2 and clause 11.3, the total liability of the Company to the Customer under the contract and whether in respect of one claim or the aggregate of various claims shall not exceed the sum of £250,000, and the Customer agrees to insure adequately to cover claims in excess of such amount.
11.5 This clause 11 shall survive termination of the contract.
11.6 The Customer acknowledges that these Conditions, together only with any other terms and conditions expressly agreed by the Company in writing, constitute the entire and only agreement between the parties.
11.7 The Company will not be responsible to the Customer or, in the event that work is undertaken for another person, to any other person, for the use or installation of any Goods by the Customer. Accordingly, the Customer agrees to hold the Company harmless from and indemnify the Company against any liability associated with, any claim or allegation that the Company is responsible for any failings in the installation or use of Goods supplied.
12. CONFIDENTIAL INFORMATION AND INTELLECTUAL PROPERTY RIGHTS
12.1 All drawings, documents, confidential records, computer software, catalogues and other information supplied by the Company whether produced by itself or a third party, are supplied on the express understanding that copyright is reserved to the Company (or the third party) and that the Customer will not without the written consent of the Company either give away, loan, exhibit or sell any such drawings, documents, records, software or other information or extracts from them or copies of them or use them in any way except in connection with the Goods in respect of which they are issued. In addition, any design right or copyright created in relation to the Goods will vest in the Company where the Goods are commissioned by the Customer, whether or not for a separate fee.
12.2 All claims for alleged infringement in respect of patents, trademarks, registered design, design right or copyright received by the Customer must be notified immediately to the Company so that the Company can be kept fully informed of the conduct of such claims. If requested by the Company, the Company shall be entitled to have conduct of any proceedings relating to any such claim in such manner as the Company thinks fit and the Customer will provide to the Company such reasonable assistance as the Company may request. The cost of any such proceedings will be borne by the Company. If any allegation shall be made against the Customer to the effect that the supply of the Goods infringes the intellectual property rights of any third party, or if the Company has reason to believe that any such allegation is likely to be made, the Company may at its option and expense modify or replace the Goods so as to avoid the infringement (but without adversely affecting the overall performance of the Goods), or obtain for the benefit of the Customer the right to continue to use the Goods, or repurchase the Goods at the contract price as reduced by a reasonable provision for depreciation. If the Company pursues any of such options, the Customer will have no rights or remedies against the Company arising directly or indirectly out of the alleged infringement.
12.3 The Company gives no assurance or guarantee whatsoever that the sale or use of the Goods will not infringe the patent, copyright or other intellectual property rights of any person, firm or company.
13.1 If the Customer shall become bankrupt or under the provisions of Section 123 of the Insolvency Act 1986 is deemed to be unable to pay its debts or compounds with creditors or in the event of a resolution being passed or proceedings commenced for the administration or liquidation of the Customer (other than for a voluntary solvent winding up for the purposes of reconstruction or amalgamation) or if an Administrator, Receiver or Manager is appointed of all or any part of its assets or undertaking, the Company shall be entitled to terminate the contract in whole or in part by notice in writing to the Customer without prejudice to any other right or remedy available to the Company.
14. FORCE MAJEURE
14.1 The Company shall not be in breach of the contract or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from a Force Majeure Event. The time for performance of such obligations shall be extended accordingly.
14.2 For the purposes of this clause, Force Majeure Event shall include an event, circumstance or cause beyond the Company’s reasonable control including without limitation: (a) acts of God, or natural disaster; (b) epidemic or pandemic; (c) 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; (d) 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; (e) any labour or trade dispute, strikes, industrial action or lockouts; (f) non-performance by suppliers or subcontractors; and (g) interruption or failure of a utility service including the internet.
15. CONSUMER PROTECTION ACT 1987 (“the Act”)
15.1 In circumstances where the Company supplies parts or products to the Customer for incorporation with, or into, or use ancillary to, any product to be produced, manufactured, processed or supplied by the Customer or a third party then:-
15.1.1 the Customer shall immediately on demand produce for inspection by the Company copies of all written instructions, information and warnings to be supplied by the Customer in relation to the said product, provided nevertheless that such inspection or right to inspect shall not of itself constitute acceptance or approval on the part of the Company of such instructions, information or warnings;
15.1.2 the Customer shall indemnify, reimburse and compensate the Company for all losses and damages (including costs, expenses and charges for legal actions in which the Company may be involved) that the Company may incur or have to bear in the event that any claim or claims are made against the Company pursuant to the Act or otherwise relating to the said product of the Customer in circumstances in which the part or product supplied by the Company was (i) not the defective part of the said product, or (ii) was only rendered the defective part or became a defective product by reason of actions or omissions of the Customer (including without limitation the supply of defective free issue materials), or (iii)only rendered the defective part or became a defective product by reason of instructions, information or warnings given by the Customer or other supplier of the said product, or (iv) supplied in accordance with a specification and/or drawings furnished by or on behalf of the Customer;
15.1.3 for the purposes of this Condition only, the word “defective” shall be interpreted in accordance with the definition of “defect” contained in Part 1 of the Act.
15.2 The Customer hereby acknowledges that it is under a duty to pass onto its customers (where appropriate) all instructions, information and warnings supplied to it by the Company with the Goods.
16.1 The contract is made between the Company and the Customer as principals and under no circumstances shall the Customer assign the benefit or burden of it without the prior written consent of the Company. The Company shall be entitled to assign or subcontract the whole or part of its obligations under the contract and to assign its interest in the contract.
17.1 In the event of any provision of these Conditions being or becoming void in whole or in part, the other provisions of these Conditions shall remain fully valid and enforceable and the void provisions shall, where appropriate, be replaced by other provisions corresponding as closely as possible with the void provisions in accordance with the meaning and purposes of these Conditions.
18.1 The contract shall be governed and interpreted exclusively according to the laws of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales only, and the Customer shall, by ordering any Goods from the Company, be deemed to have irrevocably submitted to the exclusive jurisdiction of the courts of England and Wales in relation to the contract for such Goods.
PART C TERMS APPLYING TO CONSUMER CUSTOMERS ONLY
19.1 Part C sets out the terms and conditions on which we supply goods to you as a consumer customer. When you buy from us you are agreeing that these terms and conditions shall apply to the contract. Please read these terms carefully before you enter into a contract with us. Nothing in these terms affect your legal rights as a consumer.
19.2 We are B.E.S. Limited whose registered company number is 1202345and whose registered office is situated at Regent House, Bath Avenue, Wolverhampton WV1 4EG. Our registered VAT number is113 20 41 40.
19.3 You can contact us by telephoning our customer service team on 0800 801090 or by emailing us at firstname.lastname@example.org or by writing to us at our postal address which is B.E.S. Limited, Unit 12, Junction 6Industrial Park, Electric Avenue, Birmingham, B6 7JJ.
20. WHERE TO FIND INFORMATION
20.1 You can find everything you need to know about us and the goods we sell on our website, www.bes.co.uk in our catalogue or from our sales staff before you order. We also confirm the key information to you in writing after you order, either by email, in your online account or on paper.
21. ACCEPTANCE OF ORDER
21.1 Acceptance of your order will take place either when we contact you informing you of acceptance or when we accept the order by dispatching the goods to you.
22. SOMETIMES WE REJECT ORDERS
22.1 Sometimes we reject orders, for example, because goods are out of stock, because we can’t verify your age (where a product is age-restricted), because you are located outside geographic delivery areas or because the goods were mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
23. WHEN WE CHARGE YOU
23.1 We will charge you at the time you order on our website and otherwise we will seek payment on receiving your order. You will own the goods once we have received payment in full and dispatched them to you.
24. WE PASS ON INCREASES IN VAT
24.1 If the rate of VAT changes between your order date and the date we dispatch the goods, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
25.1 As applicable the costs of delivery will be as told to you over the telephone, set out in our catalogue or on our website or told to you in the course of email exchanges. Please note that delivery may be made in instalments.
25.2 We will deliver the goods to you as soon as reasonably possible after the day on which we accept your order. Where we are unable to deliver the goods within 30 days after the day on which we accept your order, we will inform you of this. You will be free in this case to cancel the contract and we will reimburse you in full as soon as possible and in any event within 14 days of cancellation.
26. WE’RE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL
26.1 If our supply of the goods is delayed by an event outside our control, such as for example (a) acts of God, or natural disaster; (b) epidemic or pandemic; (c) terrorist attack, civil commotion or riots; or (d)interruption or failure of a utility service including the internet, then we will contact you as soon as possible to let you know and do what we can to reduce the delay. We will not compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team to end the contract and receive a refund for any goods you have paid for, but not received, less any reasonable costs we have already incurred.
27 YOUR RIGHT TO CHANGE YOUR MIND AND CANCEL THE CONTRACT UNDER THE CONSUMER CONTRACTS (INFORMATION,CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013(THE “2013 REGULATIONS”)
27.1 For most of the goods we sell, UK based consumers have a legal right under the 2013 Regulations to change their mind about their purchase (and so cancel the contract) and receive a refund of what they have paid for it, including the delivery costs. This is subject to some conditions, as set out below.
27.2 When you can’t change your mind. You can’t change your mind about an order for:
27.2.1 goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
27.2.2 goods that are made to your specifications or are clearly personalised; and
27.2.3 goods which become mixed inseparably with other items after their delivery.
27.3 The deadline for changing your mind under the 2013 Regulations. If you change your mind about the goods and wish to exercise your right to cancel under the 2013 Regulations you must let us know no later than 14 days after the day we deliver the goods to you. If your purchase is split into several deliveries over different days, the period runs from the day after the last delivery.
27.4 How to let us know. To let us know you want to cancel your purchase under the 2013 Regulations please let us know by doing one of the following:
27.5 You have to return the goods to us. You have to return the goods (and any free gifts provided with it) to us within 14 days of telling us you have changed your mind. Returns are at your own cost, unless you are a UK based customer then returns are free as part of our goodwill cancellation policy. For help with returns see our Returns Process: www.bes.co.uk/returns or contact Customer Services on 0800 801090. 27.6 We only refund standard delivery costs. We don’t refund any extra you have paid for express delivery or delivery at a particular time. 27.7 We reduce your refund if you have used or damaged the goods. If you handle the goods in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the condition of the goods is not “as new” or if the branded packaging is damaged or if accessories are missing. In some cases, because of the way you have treated the goods, no refund may be due. 27.8 When and how we refund you. If you tell us you’ve changed your mind about goods that haven’t been delivered or in respect of goods that we have agreed to collect from you, then we will refund you as soon as possible and in any event within 14 days. If you’re sending the goods back to us, we refund you within 14 days of receiving them(or receiving satisfactory evidence that you’ve sent them to us). We will refund you by the method you used for payment. We don’t charge a fee for the refund.
27.4.1 Phone or email. Call Customer Services on 0800 801090 or email us at email@example.com. Please provide details of what you bought, when you ordered or received it and your name and address.
27.4.2 By post. Please complete the 2013 Regulations Consumer Cancellation Form which can be found on our website and post it to us at the address on the form. You do not have to use the form. Or simply write to us at B.E.S. Limited, Unit 12,Junction 6 Industrial Park, Electric Avenue, Birmingham, B67JJ stating your intention to cancel and including details of what you bought, when you ordered or received it and your name and address.
28. YOUR RIGHT TO CHANGE YOUR MIND UNDER OUR GOODWILL CANCELLATION POLICY
28.1 As an additional right to cancelling under the 2013 Regulations (in respect of which see clause 27 above) we offer all our customers our goodwill cancellation policy which is subject to the terms below. This goodwill cancellation policy does not affect your legal rights if there is something wrong with the goods that we have sold.
28.2 Within 30 days of delivery of the goods, you may return the goods to us, for any reason, at your cost (subject to any provisions for the time being in force for the cost of returns to be borne by us, as set out on our website or in our current catalogue or in any other then current literature produced by us), except that the right of return set out in this clause 28 shall not apply in the case of any goods specially purchased by us for you where we are not entitled to return the goods to our supplier for a full refund.
28.3 All goods that are returned to us must be in the same condition they were in as at the point they were dispatched to you by us and must be returned in the same packaging materials in which the goods were delivered to you. All goods must be returned with all components and also any promotional items received, including free gifts.28.4 Subject to the above conditions, we will reimburse the cost of the goods as soon as reasonably possible after the goods are received by us and in any event within 30 days of that date or replace the goods if required by you and agreed by us.
28.5 To exercise your right under our goodwill cancellation policy please contact our Customer Service Team on 0800 801090 or email us firstname.lastname@example.org.
29. YOU HAVE RIGHTS IF THERE IS SOMETHING WRONG WITH THE GOODS
29.1 If you think there is something wrong with the goods that we have sold to you then you should contact our Customer Service Team on 0800 801090 or email us at email@example.com.
29.2 We honour our legal duty to provide you with goods that are as described to you on our website or in our catalogue and that meet all the requirements imposed by law. For detailed information on the legal rights of UK consumers please visit the Citizens Advice website www.citizensadvice.org.uk.
30 WE CAN MAKE CHANGES TO THE GOODS
30.1 We, or the manufacturer, can always change the goods:
30.1.1 to reflect changes in relevant laws and regulatory requirements; or
30.1.2 to make minor technical adjustments and improvements. These are changes that don’t affect your use of the goods.
31. WE CAN SUSPEND SUPPLY (AND YOU HAVE RIGHTS IF WE DO)
31.1 We can suspend the supply of goods. We do this to (a) deal with technical problems or make minor technical changes; or (b) to update the goods to reflect changes in relevant laws and regulatory requirements.
31.2 We contact you in advance to tell you we’re suspending supply unless the problem is urgent or an emergency. If we suspend supply, or tell you we’re going to suspend supply, for more than 14 days you can contact our Customer Service Team to end the contract and we’ll refund any sums you’ve paid in advance for the goods you will not receive.
32. WE DON’T COMPENSATE YOU FOR ALL LOSSES CAUSED BY USOUR SALE OF GOODS
32.1 We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:
32.1.1 unexpected; that is it was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable);
32.1.2 caused by a delaying event outside our control;
32.1.3 avoidable; that is the loss was something you could have avoided by taking reasonable action, including following any manufacturer’s instructions for use; or
32.1.4 a business loss; such that the loss relates to your use of the goods for the purposes of your trade, business, craft or profession. If you use the goods for the purposes of your trade, business, craft or profession then our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in our business customer terms and conditions as set out in Part B above.
33. WE USE YOUR PERSONAL DATA AS SET OUT IN OUR PRIVACY NOTICE
33.1 How we use any personal data you give us is set out in our Privacy Notice which can be accessed via www.bes.co.uk/privacy-policy.
34.1 If you have a complaint our Customer Service Team will do their best to resolve any problems you have with us or with any goods purchased from us.
34.2 You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
34.3 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something(like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.
B.E.S. Ltd, Junction 6 Industrial Park, Electric Avenue, Birmingham B6 7JJ, UK
Tel: 0044 (0)121 322 6400
Fax: 0044 (0) 800 28 11 88
All orders accepted by B.E.S. Ltd are accepted subject to B.E.S. Ltd.'s United Kingdom Terms and Conditions of Sale which are shown below...
Countries and jurisdictions have differing laws and regulations relating to the distribution and use of water, gas, other fluids, solid and other fuels, and electricity. The purchaser of a product from B.E.S. Ltd shall ensure that :
- The product complies with and is used in accordance with the requirements of the country or jurisdiction in which it is used.
- The product if fitted is fitted in accordance with the requirements of the country or jurisdiction in which it is fitted. This includes any requirement that the fitter shall be competent trained or qualified to perform the fitting.
WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT REGULATIONS.
B.E.S. Ltd offers a free collection of an old household electrical or electronic product when a UK customer purchases a new like for like product from B.E.S. Ltd. Please enquire when ordering.
B.E.S. Ltd has separate privacy statement.B.E.S. Ltd's Privacy Statement. Please CLICK HERE.