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Terms and Conditions of Supply
These terms (together with the documents referred in them) tell you the terms and conditions on which we supply any of the goods listed on our website www.bitzbags.com to you.
Please read these terms and conditions carefully before ordering any goods from our site. You should understand that by ordering any of our goods, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. Information about us
We operate the website www.bitzbags.com and we are Bitzbags Ltd, a company registered in Scotland with company number SC498963 and having our registered office in Prestwick, South Ayrshire, Scotland.
2. Your Status
By placing an order through our site, you warrant that:
2.1 The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects;
2.2 You will notify us immediately of any changes to the Personal Information by contacting us by e-mail; and
2.3 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
3. How the contract is formed between you and us
3.1 To place an order, follow the instructions on the Website and press the confirm order button at the end of the checkout process. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted by us. Your order constitutes an offer to us to buy products. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the products have been dispatched (Confirmation). The contract between us (Contract) will only be formed when we send you the Confirmation, unless we have notified you that we do not accept your order.
3.2 The Contract will relate only to those goods whose dispatch we have confirmed in the Confirmation. We 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 Confirmation.
4. Our status
4.1 We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
5. Availability and delivery
5.1 Your order will be fulfilled by the delivery date set out in the Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Confirmation, unless there are exceptional circumstances.
5.2 Delivery of the goods shall take place at your delivery address or such other place as may be agreed between us and detailed on the Confirmation. At the place of delivery you shall be responsible for providing appropriate equipment and manual labour for taking immediate and safe delivery of the goods, if this is necessary.
5.3 If for any reason you do not accept delivery in accordance with clause 5.2, or we are unable to deliver the goods to you on time because you have not provided appropriate instructions, we may at our discretion deem the goods to have been delivered and all risk in the goods will pass to you, or alternatively we may deem the Contract to have been repudiated by you in which case we may recover our whole losses, costs and expenses related to your failure to take delivery, from you.
6. Risk and title
6.1 The goods will be at your risk from the time of delivery.
6.2 Ownership of the goods will only pass to you when we receive full payment of all sums due in respect of the goods, including delivery charges, together with all other sums which are or which become due to us by you for whatever reason.
6.3 We shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not yet passed from us.
7. Price and payment
7.1 The price of the Goods and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
7.2 Good prices on our site will always state whether VAT is included or not.
7.3 Good prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
7.4 Our site contains a number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a good’s correct price is less than our stated price, we will charge the lower amount when dispatching the good to you. If a good’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the good, or reject your order and notify you of such rejection.
7.5 We are under no obligation to provide the goods to you at the incorrect (lower) price, even after we have sent you a Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
7.6 Payment for all goods must be by credit or debit card. We accept payment with Mastercard, Visa, Visa Debit, Maestro, American Express. We will not charge your credit or debit card until we dispatch your order.
7.7 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.
8.1 Orders placed before 1pm will be dispatched that same day. Orders after 1pm will be posted the following day.
8.2 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence.
8.3 Items are sent first class recorded delivery. Large quantity orders must be sent special delivery and are therefore priced differently.
8.4 The following sets out our standard delivery prices and estimated timing:-
Service Price Days Notes
2nd class £3 3-5
8.5 Bitzbags Ltd use the Hermes to deliver within the UK and to the rest of the world. Pricing is based on their rates and calculated on an average packet weight. You can be assured that Bitzbags Ltd does not make any profit from shipping.
8.6 Please note that delivery times don’t include Saturdays, Sundays or Bank Holidays. If you require a same day delivery, or a Saturday delivery, please contact us on 07896011513 or firstname.lastname@example.org and we’ll provide you with a price for this service.
8.7 Important information:-
8.7.1 All our orders are sent recorded delivery so will need a signature on receipt
8.7.2 If no-one else is at home when your order arrives, then a card will be left for you instructing you to collect the goods from your nearest post office.
8.7.3 You will receive an e-mail from us confirming that your order has been dispatched. If you don’t receive your order within the timescales given above, then do not hesitate to contact us and we’ll investigate.
8.7.4 We must be informed of parcels not arriving as soon as possible. For UK orders, it must be within 16 working days. Failure to do this can affect our ability to trace the parcel and issue any refund due. Refunds or replacements will only be issued after 16 working days in the UK and only if the parcel is reasonably deemed to be lost in transit.
9. Returns Policy
9.1 We strive to go above and beyond the call of duty for our customers. If, for whatever reason, you are not entirely satisfied with your purchase, Bitzbags Ltd will gladly offer an exchange or refund, providing the goods are returned to us in a saleable condition (including original packaging) and within 28 days of you receiving the goods, please follow the returns process outlined below.
9.2 Returns process:-
(1) E-mail email@example.com to inform us that you’d like to have a product refunded or exchanged. We will issue you with a returns code.[insert hyperlink]
. Be sure to write the returns code you were given on the form. We also ask that you kindly return the original receipt which was sent with the goods.
(3) Package the goods up (you can re-use the polythene postage bag where applicable) and post at your post office. We request that you obtain a free proof of posting receipt. Please note that it is the customer’s responsibility to ensure that goods are effectively packaged in order to avoid damage in transit. In addition, you are liable to pay the postage costs of returning any goods which you decide you don’t want to keep (within 28 days). Bitzbags Ltd are only liable for the postage costs of returning any goods which are either damaged or faulty on arrival. Bitzbags Ltd reserves the right to withhold a refund where goods returned to us, arrive damaged.
(4) Upon receipt of goods, we will refund your account for the purchase price of the goods and original delivery charge (we can only refund to the card which was used to pay for the goods at the point of order) we will send you an e-mail to confirm this has been processed. Please note that banks can take up to 30 days to process refund transactions. Where the good is faulty/damaged, we will also refund the cost of posting the item back to us.
10.1 At Bitzbags Ltd we’re committed to offering excellent service and genuine value for money. We know that price is important to our customers, so we actively monitor the prices offered by our competitors and adjust our own pricing accordingly.
11.1 We warrant that on delivery and for a period of 12 months from the date of delivery (warranty period), the goods shall:
(a) Conform in all material respects with their description;
(b) Be free from material defects in design, material and workmanship;
(c) Be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) Be fit for any purpose held out by us.
11.1.1 For the avoidance of doubt the warranty does not cover and we shall not be held under any liability in respect of:
(e) The colour-fastness or the matching of colours or textiles
11.2 Subject to clause 11.1, if:
(a) You give notice in writing to us during the warranty period within a reasonable time of discovery that some or all of the goods do not comply with the warranty set out in clause 11.1; and
(b) You are given a reasonable opportunity of examining such goods; and
(c) You (if asked to do so by us) returns such goods to our registered office at your cost,
We shall, at our discretion, repair or replace the defective goods, or refund the price of the defective goods in full.
11.3 We will not be liable for the goods’ failure to comply with the warranty set out in clause 11.1 if:
(a) You make any further use of such goods after giving notice in accordance with clause 11.2; or
(b) The defect arises because you failed to follow our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the goods or (if there are none) good trade practice; or
(c) You alter or repair such goods without our written consent; or
(d) The defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions.
11.4 Except as provided in this clause 5, we shall have no liability to you in respect of the goods’ failure to comply with the warranty set out in clause 11.1.
11.5 Except as set out in these conditions, all warranties, conditions or other terms implied by statute or common law, are, to the fullest extent permitted by law, excluded from the Contract.
11.6 These conditions shall apply to any repaired or replacement goods supplied by us.
12.1 We warrant to you that any good purchased from us through our site will, on delivery and for the following 12 months, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which goods of that kind are commonly supplied.
12.2 We will only be liable for a breach of the above warranty if:
(a) you give us written notice of the defect (and if the defect is as a result of damage in transit to the carrier also), within 7 days of the time when the defect was discovered or ought to have been discovered by you; and
(b) we have a reasonable opportunity after receiving the notice of examining such goods and you return the relevant goods to us for the examination if we so request.
12.3 We will not be liable for a breach of the above warranty if you make use of the relevant goods after giving us notice of a defect or if the defect arises because:
(c) you have not followed our instructions relating to the storage, installation, commissioning, use or maintenance of the goods, or (in the absence of such specific instructions from us) good trade practice; or
(d) you alter or repair the goods without our written consent.
12.4 We will at our discretion repair or replace goods that do not conform with the above warranty (or the defective part of such goods), or refund the price of such goods, and if we do so we shall have no further liability for any breach of warranty.
13. Our liability
13.1 While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties whether express or implied in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
13.2 We make no warranty that the Website will meet your requirements or will be interrupted, timely or error-free, that defects will be corrected, or that the site or 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.
13.3 Subject to clause 13.5, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Goods and, subject to clause 13.4, any losses that you suffer as a result of our failure to comply (whether arising in contract, delict (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
13.4 Subject to clause 13.5, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
(a) economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings);
(b) loss of data;
(c) waste of management or office time;
(d) loss of goodwill or reputation; or
(e) any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
However, this clause 13.4 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (e) inclusive of this clause 13.4.
13.5 Nothing in this agreement excludes or limits our liability for:
(f) death or personal injury caused by our negligence;
(g) fraud or fraudulent misrepresentation;
(h) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
(i) defective Goods under the Consumer Protection Act 1987 or for anything else that we may be liable for as a result of you buying Goods from us as a consumer (as opposed to acting in the course of trade); or
(j) any other matter whatsoever for which it would be illegal for us to exclude or attempt to exclude our liability.
13.6 Where you buy any goods from a third party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions.
14. Written communications
14.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15.1 All notices given by you to us must be given to Bitzbags Ltd. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our 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.
16. Transfer of rights and obligations
16.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. Events outside our control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our 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.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18.1 If we fail, 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 and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
18.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
19.1 If any of these terms and Conditions 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.
20. Entire agreement
20.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
20.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
20.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
20.4 Nothing in this clause limits or excludes any liability for fraud.
21. Our right to vary these terms and conditions
21.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
21.2 You will be subject to the policies and terms and conditions in force at the time that you order Goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Goods).
22. Consumer rights
22.1 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 which case, you will receive a full refund of the price paid for the Goods notwithstanding anything to the contrary in these terms).
22.2 You must inform us in writing if you wish to cancel a Contract and you must also return the Goods to us immediately, in the same condition in which you received them, and at your own cost and risk.
22.3 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, we may have a right of action against you for compensation.
22.4 Nothing in these terms will affect your legal rights as a consumer that cannot lawfully be excluded.
23. Law and jurisdiction
23.1 Contracts for the purchase of Goods through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Scots law.
23.2 Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Scotland.[or ISP]
Links to this website
If you create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
This Company’s logo is a registered trademark of this Company in the United Kingdom and other countries. The brand names and specific services of this Company featured on this web site are trade marked.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of England and Wales govern these terms and conditions. By accessing this website [and using our services/buying our products]
you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.