Purchase of products
Each product purchased is sold subject to its product description which sets out additional specific conditions related to that product including, without limitation, terms and conditions concerning estimated delivery times. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing in-store are correct at the time when the relevant information was displayed. Images for items are for illustration purposes and may not represent actual colour chosen when ordering from optional selections, such variations will not significantly affect the quality or fitness for the purpose of the goods. We can deliver purchases at a competitive delivery charge based on the distance and size of your order. Please enquire at time of purchase.
Contract Creation
These terms and conditions apply to the contract between us for the supply of goods ordered by you, described in the sales invoice and where payment has been taken.
Customer`s Responsibility You, the customer, shall be responsible for determining purchased goods accord with your requirements and are fit for your intended purpose. This includes that the dimensions of the goods are suitable for your requirements. Busy B`s will not be responsible for product that does not fit into your home and in such a case where required additional charges may be applied if specialised delivery becomes necessary. It is your responsibility to check and determine whether the Conditions are acceptable, Busy B`s may update or change these Conditions at any time, if you do not agree to the conditions then you should not place an order.
Price and Payment
All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of sale. The total cost of your order is the price of the products ordered plus delivery charges as set out in the delivery section of this Website. Payment can be made by any of the methods specified in the payment section of this receipt and payment will be debited and cleared from your account when ordering the goods. All stock items will require full payment at point of ordering. Goods to order will offer a choice to pay in full or leave a miniumum deposit of 25%. Special order items will be subject to a minimum deposit of 33%, the balance will be required when the goods arrive at Busy B`s warehouse. No item/s can be dispatched prior to your balance being paid in full. Your credit or debit card maybe used for payment of the balance, this can be done either in-store or over the telephone. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, we will not be able to deliver. We are not liable for any delay, non-delivery or any other costs that may arise from these circumstances. The cost of fitting carpets, installation or erection of beds or other goods ordered by you will incur an additional charge unless stated on the invoice. Please be aware that all prices are displayed in Pounds Sterling (GBP) which is the only currency accepted. We no longer accept personal cheques for payment
Change or cancel an order
If you wish to change or cancel an order please contact us immediately on the numbers at the end in the contact section. Do not email your intention to change your order. Please have the order number and date the order was placed to hand. If you decide to cancel your made to/special order product for any reason, it is unlikely that we could sell it on at the original selling price. We therefore will retain a cancellation fee of 25% of the order value (deposit).You are responsible for determining that any special order/made to order goods meet with your requirements and are fit for your purposes and that the dimensions of the goods are suitable. Please make sure it will fit before committing to your order. Cancellation by Busy B`s. We reserve the right to cancel or not accept an order if:
- We have insufficient stock to fulfil the order
- If we are unable or do not deliver to your area
- Any item/s of the goods ordered was incorrectly described or priced on our website/store
- Any attempt to breach security or make unauthorised amendments
- Your payment transaction is not authorised
- You do not provide us with your real name, payment details, including your card address, your delivery address if different from your card address, e-mail address and telephone number
Our Rights
We reserve the right to modify or withdraw, temporarily or permanently, our Website (or any part thereof) with or without notice. Busy B`s shall not be liable to you or any third party for any modification to or withdrawal of our Website.
Force Majeure
Neither party shall be liable to each other or be deemed to be in breach of the Agreement by reason of any delay in performing or failure to perform any of its obligations in relation of the Services if such failure or delay was beyond that party`s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond either party`s reasonable control:
- Act of God, explosion, flood, weather, tempest, fire, plague, pestilence, earthquake or accident.
- Any significant failure of the Internet beyond our control.
- War or threat of war, terrorism, sabotage, insurrection, civil disturbances or requisition.
- Acts, requisitions, regulations, bye-laws, prohibitions or measure of any kind on the part f any governmental, parliamentary or local authority.
- Strikes or other industrial actions or trade disputes of a third party.
Track your order
To check your order status, please contact us the numbers at the end in the contact section. To ensure prompt handling please quote your order reference, contact details and delivery address. Delivery to us/Storage All dates quoted for delivery of the goods are approximate only, delivery times are always given in good faith and Busy B`s shall not be liable for any delay in delivery of the goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by Busy B`s in writing. In the event of goods arriving early you would be expected to accept delivery unless an exception is agreed at time of ordering. Any such agreement will need to be confirmed in writing and form part of the contract. If for some reason you are unable to take delivery of the goods or delivery cannot be made due to factors beyond Busy B`s control then without prejudice to any other right or remedy available, Busy B`s may store goods for a maximum of 8 weeks subject to full payment being made at time of arrival to Busy B`s. Such time period will commence upon the date when you are notified the goods are available for delivery. Thereafter storage charges will be payable by you to Busy B`s at at £5 per item, per week, until delivery is completed.
- result in the sale of the goods at the best
price readily obtainable which may incur deducting reasonable storageand selling expenses, if delivery is not accepted.
- Where the goods have been specifically ordered at the Customers request and Busy B`s have incurred expense in fulfilling the contractual obligations irrespective of the amount of these expenses the full contract price for the goods is payable.
Delivery to you
Your furniture is carefully transported and wrapped to keep it in perfect condition. Our highly trained delivery crew will deliver your new furniture, unwrapping and placing it exactly where you want it (subject to access), then remove all the packaging for recycling. As part of the Busy B`s experience, this also includes assembly for most items of furniture, although we will require enough space to assemble such items and for the area which they are intended to be clear, prepared and ready for the item/s. Our delivery crews are unable to undertake any wall fixings, gas, water and electrical connection. It is your responsibility to advise us at the time of ordering product/s of any difficulties that may be encountered when delivering to your property. Please ensure this information is documented at the time of ordering/sale. Safe access to the room of choice must also be considered ensuring the route is clear of obstacles that may cause damage to the product/your belongings and the Busy B`s delivery team. Busy B`s will not be liable for any costs incurred that either affects or prevents delivery in to your home i.e. doors or windows that require removal etc. Should any such elements be required, it will be your responsibility to arrange and inform Busy B`s in advance of delivery. If circumstances like these arise then Busy B`s reserves the right to deliver only as far as the front door or make additional charges to complete the delivery. To avoid any such charge please ensure that you inform Busy B`s in advance of arranging your delivery. Any delivery times given are approximate. Delivery times are always given in good faith but Busy B`s cannot be held responsible for any direct or indirect loss due to any reasonable delay or delays due to unforeseen circumstances outside of our reasonable control. We will however endeavour to keep you informed of any such delay on the day of delivery. We will ask you to examine the goods in the presence of our delivery crew and if you find the goods to be defective in any way this should be noted on the delivery documentation which will be returned and relayed to the store who will contact you as soon as possible. (Please see: Damaged, Incomplete or Defective Goods for more details) Busy B`s do not accept any responsibility for damage to your property during the delivery process, unless that damaged is caused directly by our own negligence. Our liability is limited to the repair of any damaged caused, with no betterment or increase in value. Delivery areas are restricted to the U.K. mainland only and all locations will be subject to a relative delivery charge.
Collect Service
The store will contact you and confirm that the item/s are ready before you make the journey to collect. For made-to-order/special order goods please advise us of your intention to collect when we contact you to advise that your order is ready. If you have any concerns please contact the store prior to collection and confirm arrangements and availability. Store contact details are the numbers at the end in the contact section . Damaged, Incomplete or Defective Goods Every effort will be made to ensure that the goods you have ordered arrive undamaged, complete and without defect. Busy B`s delivery crew will unwrap and assemble your item/s, after which you will asked to examine the goods in the presence of our delivery crew. Should you find the goods to be defective in any way, note the details on the delivery documentation, this will be communicated to our store, who will contact you as soon as possible, normally within 24-48 hours, but please allow up to 3 working days. Damaged/defective items can be returned with our delivery crew or alternatively we can arrange to order a replacement item and in the meantime where possible you can use the items as delivered (keeping in good order) until we can deliver the replacement item. Alternatively one of our very experienced service technicians can visit you at a convenient date to carry out an inspection and if possible repair the goods or obtain the necessary parts to carry out the repairs. In the main this is the most convenient option as it considerably reduces any disruption for you and is usually the quickest most effective way to resolve the issue. If the damage is discovered after delivery, please contact Busy B`s as soon as possible to avoid any deliberation over cause, failure to report any issue other than a manufacturing fault after 3 days without proof of cause will mean that Busy B`s cannot accept any liability. In this situation we will, at your request, quote for the cost to repair or replace. The full cost of any such repair or replacement will be your responsibility.
Flooring Installation
The receipt shall layout exactly what services we are supplying.
Anything required to complete the installation that has not been allocated to the job will required to be paid for, and if there is time to install the extras.
Installation prices are based on clear prepared areas unless otherwise stated on the receipt, and any price agreed for the installation of the flooring does not include the cost of adjusting doors, uplifting/removal of old flooring, the moving of furniture or repair work to the subfloor.
Where the customer is supplying there own underlay, grippers, bars or accessories, they
MUST be installed prior to installation of the flooring. If we arrive to install and we are asked to fit items which we have not supplied, a charge will be levied, or the job or part of it will have to be cancelled due to time constraints as installation times are based on either cleared prepared areas or where we are aware that extra time is allocated for the installation of underlays and accessories.
Cancellation of the agreed date and time of installation of flooring less than 24 hours before the agreed time may incur the loss of the fitment charges. You must ring the number on the receipt to inform us of change, emailing is not accepted as a valid form of contact in this instance.
Customer Sizes
If we have ordered goods based upon sizes supplied by you to us, we cannot accept any responsibility if you have given us incorrect measurmemnts.
Supply Only Items
If you have ordered goods and the prices refered to in the sales invoice does not include the cost of installation of the goods, you must inspect the goods for faults or defects prior to fitting or installation.
If the goods are ready made curtains and are special order items, they must be checked PRIOR to pulling up the pleating cords. Pulled up pleating cords indicates that the curtains are of satifactory quality or free from defects.
Refund policy
You have the right to cancel orders however we will retain a cancellation fee of 25% of the order value. Other items, should the product returned not be in fully re-saleable condition or is damaged, we reserve the right to refuse a refund on the item, or deduct up to 25% of the original selling price from the refund amount. Products that require hygienic sealed packaging such as beds/mattresses and pillows which once removed will be considered used and therefore are excluded.
Where a refund is agreed, if the deposit or full payment was cash, a cheque will be issued to the person named on the sales receipt. When the payment was by card, the refund will be transacted to the original card used to make the payment. The refund must be made in person, and the original sales receipt MUST be present in order to process the refund.
This does not affect your statutory rights.
Privacy
We will treat all your Personal Information as confidential, although we reserve the right to disclose this information in the circumstances set out below. The data will be kept on a secure server which will fully comply with all applicable UK Data Protection and consumer legislation in place at the current time. While shopping in-store, you will be asked for your personal information such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information. We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner`s Office. We use your information only for Processing your orders and we do not sell or give any data to any other businesses. You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003. You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so. Please see our full Privacy Policy at:
www.busybs.co.uk/privpol.htm
Intellectual property and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions processed through the store.
Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website and in store, we make no warranties, whether express or implied in relation to its accuracy, completeness, compatibility or security. We make no warranty that the Website and store will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights. Except in respect of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation or any implied
warranty condition or other term or any duty at common law for any costs or other claims for expenses or any other claims for consequential or financial compensation (howsoever caused) whatsoever which arise out of or connection with your use of this website or in connection with the supply of the goods or their use or resale by you except as expressly provided in these conditions. Where we are in breach of contract, our liability shall not exceed the purchase price of the goods which are the subject of each contract Severance, Waiver and Survival If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severed from the Conditions and shall not affect the validity of, or Busy B`s right to enforce any of, the remaining provisions of the Conditions .No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision. Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
Entire agreement
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Busy B`s and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions.
Law
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
Contact
Please contact us either in store or at head office:
Office
Beach Street
Herne Bay
Kent
CT6 5PW
email at
orders@busybs.co.uk
Telephone 01227 362395