Terms & Conditions
Terms and conditions of website use and supply.
The website www.berniparkerdesigns.com (“Website”) is operated and these terms and conditions of use and supply (“Terms”) are issued by Berni Parker Designs Limited ("Company”).
This page tells you about the terms for using the Website and the terms on which the Company supplies any of the goods (“Goods”) listed on the Website.
By using the Website, and/or by ordering any of the Goods from the Website, you agree to be legally bound by these Terms, regardless of whether or not you choose to register with the Company.
1.1. The Company is a company registered in England and Wales with company number 01592351, whose main trading address is Suite 30, Bridge House, Riverside North. Bewdley. Worcestershire. DY12 1AB. United Kingdom. The Company’s Registration number is: 07373767
1.2. You may access most areas of the Website without registering your details with the Company. Certain areas of the Website are only open to you if you register as a Trade customer.
1.3. By accessing any part of the Website, you shall be deemed to have accepted these Terms in full. If you do not accept these Terms in full, you must leave the Website immediately.
1.4. The Company may revise these Terms at any time. Please review these Terms regularly to ensure you are aware of any changes made by the Company. Your continued use of the Website after changes are made means that you agree to be legally bound by these Terms as updated and/or amended.
2. Access and your status
2.1. The Website is only intended for use by people resident in the United Kingdom. The Company does not accept orders from individuals outside the United Kingdom.
2.2. By placing an order through the Website, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are resident in the United Kingdom; and
(c) You are accessing the Website site from the United Kingdom;
3. Service availability
3.1. While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
4. Use of the Website
4.1. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the Website content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any Website content except for your own personal, non-commercial use. Any other use of Website content requires the Company’s prior written permission.
5. Visitor material and conduct
5.2. You are prohibited from posting or transmitting to or from the Website any material:
(a) That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) For which you have not obtained all necessary licences and/or approvals;
(c) Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;
(d) Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
5.3. You may not misuse the Website (including, without limitation, by hacking).
5.4. The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing it to disclose the identity of or locate anyone who breaches clause 5.1 and/or clause 5.2.
6. Links to and from other websites
6.1. Links to third party websites on the Website are provided solely for your convenience. If you use such a link, you will leave the Website. The Company has not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
6.2. If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
(a) You do not remove, distort or otherwise alter the size or appearance of the Berni Parker Designs logo;
(b) You do not create a frame or any other browser or border environment around the Website;
(c) You do not in any way imply that the Company is endorsing any Goods or services other than its own;
(d) You do not misrepresent your relationship with the Company nor present any other false information about the Company;
(e) You do not otherwise use any trade marks displayed on the Website without express written permission from the Company;
(f) You do not link from a website that is not owned by you; and
(g) Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
6.3. The Company expressly reserves the right to revoke the rights granted in clause 6.2 for breach of these Terms and to take any action it deems appropriate.
6.4. You shall fully indemnify the Company for any loss or damage suffered by it for breach of clause 6.2.
7.1. Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
7.2. Responsibility for the security of any passwords issued rests with you.
8.1. While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the Goods and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.
8.2. The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms, might have effect in relation to the Website.
9. How a contract is formed between you and the Company
9.1. After placing an order on the Website, you will receive an e-mail from the Company acknowledging that it has received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to the Company to buy the Goods subject to these Terms. All orders are subject to acceptance by the Company, and the Company will confirm such acceptance to you by sending you an e-mail that confirms that the Goods have been dispatched (“the Dispatch Confirmation”). The contract between the Company and you (“Contract”) will only be formed when the Company sends you the Dispatch Confirmation.
9.2. The Contract will relate only to those Goods whose dispatch the Company has confirmed in the Dispatch Confirmation. The Company will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.
10. Consumer rights
10.1. If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Goods. In this case, you will receive a full refund of the price paid for the Goods in accordance with the Company refund policy as set out in clause 14 below.
10.2. To cancel a Contract, you must inform the Company in writing. You must also return the Goods to the Company immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, the Company may have a right of action against you for compensation.
10.3. You will not have any right to cancel a Contract for the supply of any of the following Goods:
· Items that are specially made for you
· Items whose label(s) and/or original label fixings have been removed
· Items that are returned without the original packaging
10.4. This provision does not affect your statutory rights.
11. Availability and delivery
11.1. Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
12. Risk and title
12.1. The Goods will be at your risk from the time of delivery.
12.2. Ownership of the Goods will only pass to you when the Company receives full payment of all sums due in respect of the Goods, including delivery charges.
13. Price and payment
13.1. The price of any Goods will be as quoted on the Website from time to time, except in cases of obvious error.
13.2. These prices include VAT and standard delivery costs.
13.3. Prices are liable to change at any time, but changes will not affect orders in respect of which the Company has already sent you a Dispatch Confirmation.
13.4. The Website contains a large number of Goods and it is always possible that, despite the Company’s best efforts, some of the Goods listed on the Website may be incorrectly priced. The Company will normally verify prices as part of its dispatch procedures so that, where the correct price of the Goods is less than the price stated on the Website, the Company will charge the lower amount when dispatching the Goods to you. If the correct price of the Goods is higher than the price stated on the Website, the Company will normally, at its discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.
13.5. The Company is under no obligation to provide the Goods to you at the incorrect (lower) price, even after it has sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
13.6. Payment for all Goods must be by credit or debit card. The Company accepts payment with Visa credit & debit cards, Mastercard, American Express, Maestro & Solo.
14. Company’s returns & refund policy
14.1. When you return Goods to the Company:
(a) Because you have cancelled the Contract with the Company within the seven-day cooling-off period as set out in clause 10.1 above, the Company will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, the Company will refund the price of the Goods in full, excluding the cost of sending the item(s) to you, as this is included in the retail price, and a restocking and handling charge. You will be responsible for the cost of returning the item(s) to the Company.
(b) For any other reason, the Company will examine the returned Goods and will notify you of your refund via e-mail within a reasonable period of time. The Company will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day the Company confirmed to you via e-mail that you were entitled to a refund for the defective Goods. Goods returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to the Company.
15. Company’s liability
15.1. The Company warrants to you that any Goods purchased from the Company through the Website are of satisfactory quality and reasonably fit for all the purposes for which Goods of the kind are commonly supplied.
15.2. The Company’s liability for losses you suffer as a result of the Company breaking this agreement is strictly limited to the purchase price of the Goods you purchased and any losses which are a foreseeable consequence of the Company breaking the agreement. Losses are foreseeable where they could be contemplated by you and the Company at the time your order is accepted by the Company.
15.3. The Company does not exclude or limit in any way its liability:
(a) For death or personal injury caused by its negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for the Company to exclude, or attempt to exclude, its liability.
15.4. The Company is not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and the Company (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
16. Written communications
16.1. Applicable laws require that some of the information or communications the Company sends to you should be in writing. When using the Website, you accept that communication with the Company will be mainly electronic. The Company will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that the Company provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
17.1. All notices given by you to the Company must be given to Berni Parker Designs Limited. Suite 30, Bridge House, Riverside North. Bewdley. Worcestershire. DY12 1AB. United Kingdom OR firstname.lastname@example.org The Company may give notice to you at either the e-mail or postal address you provide to the Company when placing an order, or in any of the ways specified in clause 15 above. Notice will be deemed received and properly served immediately when posted on the website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
18. Transfer of rights and obligations
18.1. The contract between you and the Company is binding on you and the Company and on the Company’s respective successors and assigns.
18.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without the Company’s prior written consent.
18.3. The Company may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of its rights or obligations arising under it, at any time during the term of the Contract.
19. Events outside Company’s control
19.1. The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by events outside its reasonable control (“Force Majeure Event”).
19.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the Company’s reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action;
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) Impossibility of the use of public or private telecommunications networks; and
(f) The acts, decrees, legislation, regulations or restrictions of any government.
19.3. The Company’s performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and the Company will have an extension of time for performance for the duration of that period. The Company will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under the Contract may be performed despite the Force Majeure Event.
20.1. If the Company fails, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if the Company fails to exercise any of the rights or remedies to which it is entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
20.2. A waiver by the Company of any default shall not constitute a waiver of any subsequent default.
20.3. No waiver by the Company of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 16 above.
21.1. If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
22. Enitre agreement
22.1. The Company intends to rely upon these Terms and any document expressly referred to in them in relation to the subject matter of any Contract. While the Company accepts responsibility for statements and representations made by its duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.
23. Company’s right to vary these Terms
23.1. The Company has the right to revise and amend these Terms from time to time.
23.2. You will be subject to the policies and Terms in force at the time that you access the Website or you order Goods from the Company, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if the Company notifies you of the change to those policies or these Terms before the Company sends you the Dispatch Confirmation (in which case the Company has the right to assume that you have accepted the change to the Terms, unless you notify the Company to the contrary within seven working days of receipt by you of the Goods).
24. Law and jurisdiction
24.1. These Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with this these Terms shall be subject to the exclusive jurisdiction of the English courts.