Terms and Conditions for Purchase of Goods
Version number: [1.0.]
Effective date: [10/11/2023]
1. Introduction
1.1.
We are Bells and Whistles Luxury Ltd. Our company information is at the end of this document.
1.2.
These are our terms and conditions which apply when you sell any goods to us. They’re available in English only. We’ve tried to make them user-friendly but please note that the summaries/explanations for each section in capitals aren’t a substitute for the rest of the text. Please read the entire document carefully and contact us if anything is unclear. Please save a copy as we don’t file a copy specifically for the transaction with you.
2. Giving us information
IN SHORT: TAKE CARE TO GIVE US ACCURATE INFORMATION
2.1.
You agree to ensure that any information that you supply to us is correct and that you tell us immediately if there are any changes.
3. Your promises
WHAT YOU PROMISE US ABOUT YOUR ITEM
3.1.
You agree that your item:
is in line with the description you provide and that you have haven’t left out anything important;
complies with any requirements stated on our website; and
is not stolen or counterfeit and that you have the legal right to sell it to us.
4. How you enter a legal contract with us
HOW AND WHEN YOU BECOME LEGALLY BOUND BY A CONTRACT WITH US
4.1.
If we would like to buy your item, we will send you an offer email or other communication including or linking to these terms. You accept the offer and there is a binding legal contract when we receive your written acceptance. Unless we say otherwise in writing, our offer lasts for 7 days and you cannot accept it after this time.
5. Sending us your item
HOW AND WHEN YOU MUST SEND US YOUR ITEM
5.1.
If we accept your offer, you agree to send us your item so that we receive it within the timescale we state in our offer communication or, if none, within 7 days of our acceptance email.
5.2.
You agree to send the item using the delivery label and other instructions we provide.
5.3.
You remain at risk of loss or damage to your item until we actually receive it. It is your responsibility to package it carefully, to obtain proof of despatch and to insure your item if you want insurance protection.
6. Accepting or rejecting your item
WHAT HAPPENS WHEN WE GET YOUR ITEM
6.1.
If we receive your item within the deadline, we will assess its authenticity and whether it complies with your description.
6.2.
If we decide that your item is compliant, we will aim to tell you within 14 days and to send payment of the price we offered (which includes any applicable tax) by bank transfer (or any alternative payment method we select) within a further 7 days. We become owner of the item once we despatch the payment. We are not responsible for delays or other acts/omissions of any third parties involved in the payment process or for any losses arising if you have given us incorrect payment-related information. If we notify you that we have sent you a payment, you must check and tell us if you do not receive the payment within the relevant period. You are responsible for making up any shortfall arising from charges imposed by your bank.
6.3.
If we decide that your item is not compliant, then we will tell you within 14 days of receipt and:
we may invite you to sell the item to us at a reduced price, which revised offer will last for the timescale stated in our communication or, if none, within 7 days (and if you accept the revised offer we will send confirmation and payment as above); or
if we don’t make, or you don’t accept, a revised offer, we will return the item to you at our expense.
6.4.
If we receive your item after the relevant deadline, we will either:
continue with the contract by assessing its authenticity and compliance with description as set out above; or
reject the item in which case we will aim to return it to you at our expense within 14 days of receipt.
7. Returning your item
WHAT HAPPENS IF WE RETURN YOUR ITEM
7.1.
If we return the item to you (i.e., in the situations explained above), delivery will be complete when we deliver to the address you have given us. If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company to arrange re-delivery. If you do not do so, or if any attempted re-delivery fails, then we reserve the right to make any further re-delivery subject to payment of a reasonable charge by you
8. Restrictions on our legal responsibility for goods – very important
THIS SECTION LIMITS OUR LEGAL RESPONSIBILITY IN VARIOUS WAYS AND MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES WE SUFFER, EG IF YOU BREAK THE CONTRACT
8.1.
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 officers, employees and agents, who have the right to enforce this agreement.
8.2.
Subject to the above, 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.
8.3.
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.
9. Your personal information
IN SHORT: OUR PRIVACY POLICY APPLIES
9.1.
You agree that we can deal with your personal information in accordance with our Privacy Policy which may change from time to time.
10. Things we can’t control
IN SHORT: WE AREN’T RESPONSIBLE FOR “ACTS OF GOD”
10.1.
We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.
11. Transferring this contract to someone else
IN SHORT: WE CAN PASS THIS CONTRACT TO SOMEONE ELSE BUT YOU NEED OUR PERMISSION TO DO LIKEWISE
11.1.
We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
12. English law and courts
IN SHORT: ENGLISH LAW APPLIES AND ONLY UK COURTS CAN ADJUDICATE ON DISPUTES
12.1.
These terms and conditions are under English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a Consumer to rely on such mandatory provisions of local law.
13. General
HERE ARE SOME FINAL BUT IMPORTANT POINTS THAT APPLY
13.1.
We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement makes any party an agent, employee or representative of the other.
14. Complaints
14.1.
If you have any complaints, please contact us via the contact details shown below.
15. Information about us
15.1.
Company name: Bells and Whistles Luxury Ltd
15.2.
Trading name: “Bells and Whistles Luxury”
15.3.
Country of incorporation: England and Wales
15.4.
Registered number: 14944318
15.5.
VAT Registration number: 463 0106 31
15.6.
Registered office and contact address: 40 Foregate Street, Worcester, United Kingdom, WR1 1EE
15.7.
Contact email address: contact@bellsandwhistlesluxury.com
15.8.
Other contact information: See our website/contact page