Welcome to the www.BeautifulHomesDirect.com website terms and conditions for use. These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website. Before you place an order, if you have any questions relating to these terms and conditions please contact us by e-mail on email@example.com, or by writing to us at Beautiful Homes Direct, Unit 3, Cable Street, Wolverhampton, WV2 2HX.
1. Format of the Contract
1.1 These terms of sale apply to the use of the Website, and all goods supplied by BH Online Limited, registered in England and Wales with Company Registration No. 6587437 (the ‘Supplier’). Registered Office: Unit 3, Cable Street, Wolverhampton, WV2 2HX
In this document:
i) “you” and “your” as appropriate refers to a user of this website;
ii) “us”, “our”, “we” and “the Supplier” refer to BH Online Limited and any other associated company;
iii) “terms and conditions” and “terms” refer to the terms and conditions contained in this document;
iv) “days” refers to working days, being Monday to Friday inclusive, excluding bank holidays, unless otherwise stated;
v) "product" means a product displayed for sale on the Website;
vi) "Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided;
vii) “Website” and the “www.BeautifulHomesDirect.com website” refers not only to the trading website on this domain, but also any subsequent URL which may replace it, as well as all other websites registered by or on behalf of BH Online Limited that are authorised to automatically redirect you to the trading website. This includes amongst others http://www.beautifulhomesdirect.comand http://www.beautifulhomesdirect.co.uk
viii) "Personal Information" means the details provided by you on registration.
1.3 BH Online Limited is pleased to provide access to the Website, and accept orders on it subject to these Terms and Conditions of sale. Your use of the BH Online Limited trading Website (‘www.BeautifulHomeDirect.com’) and purchase of the products on it means that you agree to these terms and conditions. No variation of these Conditions shall be binding unless agreed by letter signed by a Director of BH Online Limited. Please read the terms carefully before placing your order. We would advise you to retain a copy of them for your future reference.
1.4 A contract does not exist between you and BH Online Limited for the sale of any goods until:
i) BH Online Limited has received and accepted your order (see 1.5 below); and
ii) BH Online Limited has received payment in full (in cleared funds).
Once these two conditions are fulfilled, there is a binding legal contract between us.
1.5 By way of clarification, acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
1.6 The contract is subject to your right of cancellation (see paragraph 8 below).
1.7 BH Online Limited may change these terms of sale without notice to you in relation to future sales. If any changes are made, updated terms and conditions will promptly be posted on the www.BeautifulHomeDirect.com website.
2. Registration, Indemnity & Privacy
2.1 Registration. You warrant that:
2.1.1 The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects;
2.1.2 You will notify us immediately of any changes to the Personal Information by e-mailing us at info@BeautifulHomesDirect.com; and
2.1.3 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.
2.2 Indemnity. You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Terms and Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
3. Description and price of the goods
3.1 The description and price of the goods you order will be as shown on BH Online Limited's website at the time you place your order. We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system.
3.2 The photographs on the site are for illustration only. We cannot guarantee that the goods you receive will look exactly like those in the photograph. Some of the items photographed have additional accessories that are not normally sold with the item. This has been stated clearly in the item description where this is the case.
3.3 Weight and size measurements posted on the website are an approximate guide only. Please note that the actual weight and size of the goods may differ from the measurements on the website, particularly due to the fact that a lot of the items are handmade. Where items are sold in a set, at times only the size measurements of the biggest/largest items have been provided. The weight measurements are those of all the items in the set, subject to the caveat that the measurement is approximate only.
3.4 The price for each product is shown on the Website in UK Pounds Sterling.
3.5 Prices do not include charges for delivery. This will be additional depending on the value of the order and/or weight of the products and the delivery option that you select on checkout.
3.6 The goods are subject to availability. If on receipt of your order the goods you have ordered were shown in stock and are then not available in stock, BH Online Limited will inform you as soon as possible and advise you of the earliest possible delivery date. Should you wish to cancel your order at this point, you must immediately send an email to info@BeautifulHomesDirect.com stating your order acknowledgement number and that you wish to cancel your order. On receipt of your email we will issue a refund or re-credit to you for any sum that has been paid by you or debited from your credit/debit card for the goods.
3.7 Every effort is made to ensure that prices shown on BH Online Limited's website are accurate at the time you place your order. If an error is found, BH Online Limited will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If BH Online Limited does not receive an order confirmation within 7 days of informing you of the error, the order will be cancelled automatically. If you cancel, BH Online Limited will refund or re-credit you for any sum that has been paid by you or debited from your credit/debit card for the goods.
4. Payment & Security
4.1 Payment for the goods and delivery charges can be made by any method shown on BH Online Limited's website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be of the essence.
4.2 Goods will not be dispatched until cleared funds are received.
4.3 Payments shall be made by you without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by BH Online Limited to you.
4.4 We accept all major credit and debit cards in partnership with Sagepay. We have also subscribed to the Sagepay Guarantee Program to provide you with complete peace of mind.
4.5 To ensure that your online shopping experience is secure, your credit / debit card details will be encrypted on a secure server to minimise the possibility of someone being able to read them as they are sent over the Internet.
4.6 How does BH Online Limited Protect Customer Information?
4.6.1 When you place orders or access your account information, we offer the use of a secure server.
4.6.2 For credit/debit card transactions, BH Online Limited adds security by using Secure Sockets Layer (SSL) technology, with 128 bit encryption. This means that the credit/debit card information you send is encrypted by your computer, and then decrypted again on our side, preventing others from accessing your private information in between. So, when using an SSL capable browser, shopping on the Website is the safest kind of transaction possible with a credit/debit card.
4.6.3 Furthermore, as required by the UK Data Protection Legislation, we follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access. Our security procedures mean that we may occasionally request proof of identity before we are able to disclose sensitive information to you.
5.1 The goods you order will be delivered to the UK address you give when you place your order. Please see our Delivery Policy for further details on delivery options, charges and delivery times. For deliveries outside of the United Kingdom, you will need to Contact Us prior to placing an order so that we can advise you of the relevant shipping costs and delivery times.
5.2 Orders placed before 1pm GMT on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
5.2.1 We shall endeavour but not guarantee to deliver the goods, once ordered by the next working day.
5.2.2 You will be sent an email once good are despatched.
5.2.3 It may be the case that if some items are not in stock, or the balance is not in stock, we shall inform you by your email address of the same, and advise you of the anticipated delivery date.
5.3 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. If delivery cannot be made to your address for reasons out of BH Online Limited's control, we will inform you as soon as possible. BH Online Limited will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, BH Online Limited will inform you as soon as possible of the delay and alternative arrangements for redelivery.
5.4 All deliveries will need to be signed for by a responsible adult.
5.5 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under the control of BH Online Limited) then without prejudice to any other right or remedy available to BH Online Limited, BH Online Limited may:
5.5.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
5.5.2 accept the goods back after deducting all reasonable storage, administration and delivery expenses, including the cost of returning the goods to BH Online Limited.
5.6 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations BH Online Limited shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods, less any expenses incurred for failed delivery. Please see our Returns Policy for further details.
5.7 Time for delivery shall not be of the essence.
5.8 Upon receipt of your order you will be asked to sign for the goods received in good condition. If you are unable to check the contents of the package at that moment in time please sign for the parcel as ‘UNCHECKED’, noting on the document the number of parcels/cartons received. Failure to do so may affect any warranty claims that you make thereafter.
5.9 When your order arrives you must check for damages and or shortages. Claims for damages and or shortages have to be made within 48 hours of receipt of your delivery. Claims must be made by e-mail to info@BeautifulHomesDirect.com. Claims for damages and or shortages made after 48 hours of your delivery arriving will be refused. Time and date of delivery is recorded with our carriers.
5.9.1 To make a claim for any damages and or shortages you must immediately send an email to info@BeautifulHomesDirect.com stating your invoice number and the details of the damages or shortages.
5.10 Please keep all the packaging from your delivery in a secure dry environment in case you need to return any part of your order to us.
6.1 The goods are at your risk from the time of delivery.
6.2 Ownership of the goods shall not pass to you until BH Online Limited has received in full (in cash or cleared funds) all sums due to it in respect of:
6.2.1 the goods, and
6.2.2 all other sums which are or which become due to BH Online Limited from you on any account.
6.3 BH Online Limited shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from BH Online Limited.
7. Title for Business Customers
7.1 If you are a business customer, until ownership of the goods has passed to you, you must:
7.1.1 store the goods (at no cost to BH Online Limited) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as BH Online Limited's property;
7.1.2 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on BH Online Limited's behalf for their full price against all risks to the reasonable satisfaction of BH Online Limited. 0n request you shall produce the policy of insurance to BH Online Limited; and
7.1.3 hold the proceeds of the insurance referred to in condition
7.1.2 on trust for BH Online Limited and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
7.2 If you are a business customer your right to possession of the goods shall terminate immediately if:
7.2.1 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
7.2.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1987 or you cease to trade; or
7.2.3 you encumber or in any way charge any of the goods.
8. Your Right of Cancellation and the Returns Policy
Please see our Returns Policy for detailed information on this. The Returns Policy is integrated into the Terms and Conditions for this Website.
9. Limitation of Liability
9.1 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for:
i) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
ii) any loss of goodwill or reputation; or
iii) any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions
9.2 Nothing in these conditions excludes or limits the liability of BH Online Limited for death or personal injury caused by BH Online Limited's negligence or that of our servants, agents or employees.
9.3 The limitation on any exclusion from liability contained in these Conditions shall be subject to the provisions of section 2(1) of the Unfair Contract Terms Act 1999.
9.4 BH Online Limited’s liability for direct loss or damage arising from damage to tangible property for which BH Online Limited is liable shall be limited to the VAT exclusive price of the relevant product in connection with which any claim for damage or loss is made.
9.5 BH Online Limited will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation internet outages, communications outages, fire, flood, war or ‘acts of God’.
9.6 We make no warranty that the Website 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, 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.
9.7 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.
10. Applicable Law
10.1 These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and each party agrees irrevocably to submit to the exclusive jurisdiction of the courts of England and Wales.
10.2 These terms and conditions only cover the Website as defined in paragraph 1.2. Any other websites which you link to from this website are governed by their own terms and conditions. We accept no responsibility or liability for web sites that are not under our control.
10.3 It is a legal requirement for us to inform you that sales can only be concluded in English.
11. Copyright Notice
11.1 All content in what ever format found on the www.BeautifulHomesDirect.com website is the copyright of BH Online Limited and legal action may be taken if any person(s) or business is found using the content found on the Website without prior written permission.
11.2 BH Online Limited does not give you any right or interest in any copyright or intellectual property rights in any of the products featured on the website or shop premises, nor the right to copy them. The copyright in BH Online Limited and the content of all the software, web site and pages relating to the Website is owned by, or licensed to BH Online Limited, unless otherwise specified and may not be used, copied or altered without our express written consent.
11.3 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.
11.4 Copyright extends to the design, look and feel of the Website, all photographs on it and its marketing materials.
11.5 “BH Online Limited”, the “www.BeautifulHomesDirect.com” website, our trading name “Beautiful Homes” and our logo are trade names or trade marks of BH Online Limited and may not be used by any other entity, person or body without our express written permission.
11.6 Some product images and product descriptions within the Website are the Copyright © of their respective owners. All brand names, logos and trademarks are the property of their respective owners.
11.7 In addition to the above copyright notice any person/persons or businesses wishing to use hyperlinks or links in any other format to link to the Website must first obtain permission in writing and legal action may be taken if deemed necessary by BH Online Limited if prior written permission was not obtained or if permission was denied.
12. Errors & Omissions
12.1 Every effort is made to ensure the accuracy of any technical data or literature made available in relation to our products and services.
12.2 All descriptions and illustrations of goods in any catalogue, brochures, information on the www.BeautifulHomesDirect.com website, price list or in any other document provided by us are intended for general guidance only and do not form part of any contract between you and us.
12.3 We accept no liability for any error or omissions in such documents and cannot be liable in any circumstances for any loss or damage resulting from your reliance on such descriptions and illustrations.
12.4 We will promptly correct any errors brought to our attention.
13. Statutory Rights
13.1 All statements, guarantees or warranties in these terms of trading are additional to and do not affect your statutory rights.
13.2 These terms and conditions are subject to change at any time without prior notice to you. If any changes are made, updated terms and conditions will promptly be posted on the Website.