Terms and
Conditions
Website Terms and Conditions of
Please read these terms and conditions carefully, they contain important
information about your rights and obligations as a customer of BHMA Limited.
BHMA Limited will be hereinafter referred to as ‘BHMA Limited’ or ‘BHMA’ or
‘we’ or ‘us’
1. Introduction
1. Before using the web site operated by BHMA
Limited of Unit 1,
2. In particular, we draw your attention to clauses
8 (Applicability of online materials) and 12 (Liability). By clicking on the ‘I
Accept’ button at the bottom of these terms and conditions you agree to be
legally bound by these terms and conditions as they may be modified, and the
modifications posted on our web site from time to time.
3. Without prejudice to the above, by using or
accessing our web site, you agree to be legally bound by the terms and
conditions of use herein, as they apply to your use of or access to our web site.
4. If you do not wish to be bound by these terms
and conditions then you may not use our web site to purchase.
2. Nature of our web site
1. Our web site is a place for you to select and
order marketing support products, hereinafter called ‘the ‘Products’. Our web
site describes all our Products in detail.
2. Please note that the contents of our web site
are aimed at users aged 18 and above, and you must be over 18 years to purchase
the Products, using the payment methods displayed on our web site.
3. Buying products on our web site
1. To order a product you will need to follow the
ordering procedures set out on our order page. Details of our prices for the
Products and the procedures for payment and delivery are displayed on our web
site.
2. Any times or dates stated on our web site for
delivery are estimates only. BHMA will make all reasonable effort to deliver
goods within the time specified, but does not accept liability for any failure,
or liability for additional costs due to the aforementioned failure to deliver
within that time.
3. You must pay by credit or debit card at the time
of order, unless you have contacted the Directors of BHMA to arrange an account
or any alternative method of payment or payments such as cheque or Siemans
Finance. The price of any Product is the price in force at the date and time of
your order. We may change the price of any Product before you place an order.
We try to ensure that our prices displayed on our web site are accurate but the
price on your order will need to be validated by us as part of the acceptance
procedure (see clause 3.4 below). We will inform you if the Product’s correct
price is higher than that stated in your order and you may cancel the order and
decide whether or not to order the Product at the corrected price.
4. BHMA is entitled to refuse any order placed by
you. You will receive an initial confirmatory e-mail acknowledging receipt of
your order. If your order is accepted, we will confirm acceptance to you by
e-mail, hereinafter called ‘Confirmation’ to the e-mail address you have given
us on ordering. The order will then be fulfilled by the date set out in the
Confirmation or, if the Confirmation does not contain such a date, within 10
working days of the confirmation, or any other period specified on a quotation.
5. We brand our products with our company
details for the purpose of the identification of our own products at ‘any point
in time’ from those of our competitors.
This safeguards both BHMA and you, our customer, when insufficient longevity
may be an issue. Our branding will be in
place on every product we; at our discretion, decide to brand from time to
time. If you require our branding not to
be in place on the product you intend to purchase, you must inform us in
writing agreeing to accept an unbranded product and waiving your right to
challenge BHMA at any future date in relation to the aforementioned
‘insufficient longevity. Your
instruction for BHMA to remove branding will be accepted when entered into the
‘Special Instructions’ section at the
website ‘checkout’, or in any of the following forms; Email, Fax, or Letter.
6. You undertake that all details you provide to us
for the purpose of purchasing goods or services which may be offered by us on
our web site will be correct, that the credit or debit card, or any electronic
cash, which you use is your own and that there are sufficient funds or credit
facilities to cover the cost of any goods or services. We reserve the right to
obtain validation of your credit or debit card details before providing you
with any goods or services.
4. Returns
1. We are a Business to Business supply company,
and do not knowingly supply to the General Public, or the Consumer, and because
of this we are not obliged to comply with the Distance Selling Regulations. We
do not accept Products back for refund within the 7 days stated within these
regulations. We will only accept Products back for refund or exchange, if they
are ‘Mis-described’ ‘Faulty’ or ‘Damaged on delivery’ (if notified within 24 hours
of the delivery time, by telephone, fax, or email). However we may decide to
restock the product as a goodwill gesture, in which case there will be a 20%
restocking fee. Note: this does not apply to personalised or bespoke
products, these are non-returnable unless mis-described, faulty or damaged.
1. The If the product is damaged in any way or has
become broken in transit this must be notified to our sales team on
sales@bhma.co.uk or call 01353 665141 within 24 hours of receipt otherwise no
liability will be accepted by BHMA Limited, and your goods will not be
returnable and you will not be refunded. In the case of you being an account
customer, you will remain responsible to settle your account within your agreed
terms and conditions.
2. If your goods are deemed to be faulty please
call our customer services team on 01353 665141 or email sales@bhma.co.uk
3. If you have any complaints, you should direct
them to us via e-mail to info@bhma.co.uk or by post to Unit 1,
Nothing in this Returns Policy affects your statutory rights or
your rights under any contract you may have with us.
5. Modifications to web site
1. We reserve the right to alter, suspend or discontinue
any aspect of our web site or the content or services available through it,
including your access to it. Unless explicitly stated any new features
including the sale of new Products shall be subject to these terms and
conditions.
6. Information you provide
1. Any information you provide to us, for example
during any registration or ordering process, shall be referred to in these
terms and conditions as ‘Personal Information’.
2. You must ensure that the Personal Information
you provide is accurate and complete and that all ordering or registration
details (where applicable) contain your correct name, address and other
requested details. For more information about how we deal with your Personal
Information, please read clause 13.
3. If you would like to review or modify any part
of your Personal Information then you should e-mail us at info@bhma.co.uk, or if you have ‘logged in’ as a registered
user of our site, you may go to ‘My Account’ and modify your own personal
details.
7. Security
1. You are solely responsible in all respects for
all use of and for protecting the confidentiality of any username and password
that may be given to you or selected by you for use on our web site. You may
not share these with or transfer them to any third parties. You must notify
BHMA immediately of any unauthorised use of them or any other breach of
security regarding our web site that comes to your attention.
8. Applicability of online materials
1. Unless otherwise specified the materials
published on our web site are presented solely for business usage.
2. Our web site is controlled and operated by us
from our offices in Witchford,
3. We have used our best endeavours to ensure that
our web site complies with English law. However, we make no representations
that the materials on our web site are appropriate or available for use in
locations outside the
9. Copyright and TRADEMARKS
1. The contents of our web site are protected by
international copyright laws and other intellectual property rights. The owner
of these rights is BHMA Limited. All product and Business Names and logos
mentioned in our web site are the trade marks, service marks or trading names
of their respective owners, including us.
10.
Linked sites
1. BHMA makes no representations whatsoever about
any other web sites which you may access through our web site or which may link
to our web site. When you access any other web site you understand that it is
independent from BHMA and that we have no control over the content or
availability of that web site. In addition, a link to any other site does not
mean that BHMA endorses or accepts any responsibility for the content, or the
use of, such a web site and shall not be liable for any loss or damage caused
or alleged to be caused by or in connection with use of or reliance on any
content, goods or services available on or through any other web site or
resource. Any concerns regarding any external link should be directed to its
web site administrator or web master.
11.
Availability of our web
site
1. We will try to make our web site available but
cannot guarantee that our web site will operate continuously or without
interruptions or be ‘error free’ and can accept no liability for its
unavailability. You must not attempt to interfere with the proper working of
our web site and, in particular, you must not attempt to circumvent security,
tamper with, hack into, or otherwise disrupt any computer system, server, web
site, router or any other internet connected device.
12.
Liability
1. We promise that for any Product you purchase
from our web site:
1. We have the right to sell the Product to you;
2. The Product will correspond with the description
we have given to you; and
3. The Product will be of satisfactory quality for
the money you pay.
2. We exclude all other express or implied terms,
conditions, warranties, representations or endorsements whatsoever with regard
to the Products, our web site or any information or service provided through
our web site.
3. We will do our best to ensure that all materials
and information published on our web site are accurate, but please note that
all materials and information on our web site are provided on an ‘as is’ basis.
4. In relation to the purchase of Products, we
accept no liability for any indirect or consequential loss or damage, or for
any loss of data, profit, revenue or business (whether direct or indirect),
however caused, even if foreseeable. In circumstances where you suffer loss or
damage arising out of, or in connection with, the viewing, use or performance
of our web site or its contents other than as a direct result of purchasing
Products, we accept no liability for this loss or damage (except where we have
been negligent) whether due to inaccuracy, error, omission or any other cause
and whether on the part of BHMA or our servants, agents or any other person.
5. If we are liable to you for any reason, our
liability will be limited to the amount paid by you for the Product concerned.
This limit does not apply to any liability we may have for death or personal
injury resulting from our negligence.
6. You are responsible for ensuring that your
computer system meets all relevant technical specifications necessary to use
our web site and is compatible with our web site. You also understand that we
cannot and do not guarantee or warrant that any material available for
downloading from our web site will be free from infection, viruses and/or other
code that has contaminating or destructive properties. You are responsible for
implementing sufficient procedures and virus checks (including anti-virus and
other security checks) to satisfy your particular requirements for the accuracy
of data input and output.
7. You agree not to modify in any way the Products
supplied. Any such modification may invalidate the manufacturer's warranty.
8. The limitations and exclusions in this clause do
not affect your non-excludable statutory rights and only apply to the extent
permitted by applicable law.
13.
Privacy Policy
1. Your privacy is important to you and equally
important to us. Our policy is only to use the Personal Information you supply
to us to enhance your experience of the BHMA web site. You will supply Personal
Information to us when you:
1. Register as a BHMA member
2. Place an order
3. Contact us by e-mail, post or otherwise
2. We need your Personal Information and will use
it to:
1. Process and fulfil your orders
2. Notify you of your order status
3. Carry out internal administration and analysis
4. Notify you as a ‘subscriber’ of product
offers
3. We can also use that information to enhance your
visit to BHMA by:
1. Telling you about new product ranges and special
offers
2. Informing you of changes to the BHMA site
4. If however you would prefer us not to get in
touch, please let us know by contacting us on info@bhma.co.uk. As part of our
Privacy Policy, BHMA will not sell, rent or trade your Personal Information to
any other person or organisation. We may have to disclose your Personal
Information to necessary third-party service providers to enable us to fulfil
your order and process your payment. You authorise us to use, store or
otherwise process any personal information which relates to and identifies you,
including but not limited to your name and address, to the extent reasonably
necessary to provide the services which are available through our web site by
us or our sub-contractors. Your Personal Information may also be disclosed if
we need to obtain professional advice or occasionally to credit reference
agencies or fraud prevention registers.
5. By providing us with your Personal Information,
you consent to us (and where relevant our affiliates and trusted partners)
using (including collecting, storing and processing) the Personal Information
you provide to BHMA as set out in this Privacy Policy. We will of course inform
you of any changes to our policy and you will have the opportunity to opt out
of those changes, which affect you. BHMA follows strict security procedures to
ensure proper storage and careful disclosure of information in order that
nothing improper happens to your Personal Information. If you require further
advice about our Privacy Policy or any aspect of BHMA we can be contacted by
e-mail at info@bhma.co.uk or by post at BHMA Limited, Unit 1, Greenham Park,
Common Road, Witchford, Cambridgeshire. CB6 2HZ.
6. If our business is sold or integrated with
another business your details may be disclosed to our advisers and any
prospective purchasers and their advisers and will be passed on to the new
owners of the business.
7. We use cookies (defined below) on our website to
enhance your visit. If you do not wish to accept cookies your web-browser
should be configured to notify you and/or reject cookies.
8. "Cookies" means a system whereby a
message is given to your web browser by our web server. This message is stored
by your browser in a text file called [your name]@Your Domain.txt. Each time
the browser requests a page from the server, this message is sent back. A
cookie’s main objective is to identify users and personalise their visit by
customising web pages for them, for example by welcoming them by name next time
they visit the same site.
14.
General
1. We may assign novate or subcontract any or all
of our rights and obligations under these terms and conditions at any time.
2. We may alter these terms and conditions from
time to time and post the new version on our web site, following which all use
of our web site will be governed by that version. You must check the terms and
conditions on the web site regularly.
3. These terms and conditions together with any
order form and payment method instructions, if any, are the whole agreement
between you and BHMA. You acknowledge that you have not entered into this
agreement in reliance upon any warranty or representation made by BHMA or any
other person and you waive any rights to damages/rescission you may have for
misrepresentation (other than a fraudulent misrepresentation) that is not
contained in the terms and conditions, order form and payment method
instructions.
4. If any provision or term of these terms and
conditions shall become or be declared illegal, invalid or unenforceable for
any reason whatsoever, such term or provision shall be divisible from the other
terms and conditions and shall be deemed to be deleted from them.
5. These terms and conditions and your use of our
web site are governed by English law and you submit to the exclusive
jurisdiction of the English courts.
6. Neither you nor BHMA will be held liable for any
failure to perform any obligation to the other due to causes beyond your or
BHMA’s’ respective reasonable control.
7. Failure by either party to exercise any right or
remedy under this agreement does not constitute a waiver of that right or
remedy.
15.
Notices
1. All notices shall be given:
1. To us via e-mail at info@bhma.co.uk; or
2. To you at either the e-mail or postal address
you provide during any ordering process.
Notice will be deemed received when an e-mail is received in full
(or else on the next business day if it is received on a weekend or a public
holiday in the place of receipt) or 3 days after the date of posting.
16.
Replacement
1. These terms and conditions replace all other terms and conditions previously applicable to the use of our web site and/or sale of the Products.
