Blue Beryl Website Terms & Conditions
IMPORTANT LEGAL NOTICE: This website at www.blueberyl.co.uk is operated and managed by Batmart International Limited trading as Blue Beryl
Batmart International Limited’s company details are as follows:
Registered office: 8 Sketchley Meadows, Sketchley Lane Ind. Est. Hinckley, Leicestershire LE10 3EN
Company Number: 1369805, UK VAT number 316 1713 85
Telephone no: 01455 633 958 email firstname.lastname@example.org
DEFINED WORDS: In these terms and conditions a capitalised word has a particular meaning. This paragraph explains the meaning of some of those capitalised words by showing the relevant words in brackets after their meaning. Other meanings are explained in other paragraphs in the same way. These terms and conditions (“Terms”) relate to the supply of any of the services (“Services”) and/or products (“Products”) listed on this website at www.blueberyl.co.uk (“Website”). Any reference in these Terms to “we”, “us” or “our” is a reference to Batmart International Ltd t/as blueberyl.co.uk and any reference to “you” or “your” is a reference to any user of the Website and, where relevant, the recipient of any Product or Service from the Website.
THESE TERMS ARE BINDING: Please read these Terms carefully and make sure that you understand them before using the Website including to use any Services and/or order any Products. If you do not understand any of these Terms you can ask us to explain them further using the email address given above. Your use of the Website indicates your unconditional agreement that you accept and agree to be bound by the Terms in effect at the time of usage regardless of whether or not you choose to register with the Website. We may alter all or any part of these Terms (including the Products and Services which are available from the Website) at any time. If you register with the Website we will notify you by email if these Terms change. If you do not register with the Website you will need to check the ‘last updated’ information at the top of these Terms to confirm if they have changed since you last read them. If you do not accept the Terms, you should not use the Website. You should review these Terms regularly as your continued use of the Website means you accept the Terms as modified. Please understand that if you refuse to accept the Terms, you will not be able to order any Products from the Website.
These Terms were last updated on: 6th February 2017
You should print a copy of these Terms for future reference.
1.1 The Services available via the Website and other mobile applications we make available (such as iPhone apps) may include the following as well as others:
1.1.1 an online address book detailing names, addresses, date of birth, and other information about your contacts, which will be compiled from information provided by you;
1.1.2 the online purchasing of certain Products; and
1.1.3 Certain prize draws and competitions.
1.2 The products (“Products”) available via the Website may include the following as well as others: 1.2.1 personalised and non personalised greeting cards, invitations, posters, calendars, notebooks, postcards.
1.3 You may access some areas of the Website without registering your details with us. Certain areas of the Website are only accessible if you register.
1.4 If you access the Website via a mobile application you acknowledge that content from third party websites may be viewable via iFrame (video format) technology. If you access the Website via a mobile application you may be asked to agree to specific terms and conditions for that mobile application. You should read those terms and conditions carefully before agreeing to them as terms and conditions that are additional to or different from these Terms may apply.
2 YOUR STATUS
2.1 By using the Website, you confirm that you are legally capable of entering into binding contracts; and you are at least 18 years old.
3 THE CONTRACT BETWEEN YOU AND US FOR PURCHASING PRODUCTS
3.1 When you purchase any Products through our Website you will be entering a legally binding contract with us.
3.2 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. Your order constitutes an offer to us to buy a Product. 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 Product has been posted (“Despatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Despatch Confirmation. Please note that we reserve the right to stop your order – even after sending the Confirmation of posting- if we have reasonable grounds to believe that your order is fraudulent. If this is the case, then we will notify you by email.
3.3 The Contract will relate only to those Products whose despatch we have confirmed in the Confirmation of posting (which we are legally obliged to supply to you following acceptance of your order). We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.
3.4 Prices charged to UK customers as identified on the Website are inclusive of any applicable VAT, duties and any other local taxes.
3.5 Payment is only accepted in Sterling and postage is only to UK addresses
3.6 Consumers have the right to cancel contracts for the purchase of items within fourteen (14) days of the day after placing the order in some circumstances, including where they enter the contract online.
3.7 If you want to cancel an order please notify us quoting your name and order number: 3.10.1 by email at email@example.com ; or by telephone on 01455 633958
Order cancellation rights
3.8 Following receipt of your notification we will arrange for you to be refunded.
3.9 If you cancel your order during this fourteen (14) day cooling-off period we will refund the cost of the Products and (if the Products have already been delivered to you) the cost of sending the Products to you as follows:
3.10.1 if you return a Product that was part of a larger order, we will refund any specific delivery charges that you incurred for that particular Product;
3.10.2 if you return your entire order, we will refund the delivery charge incurred.
3.10.3 We will not refund your costs in returning the Product to us and other services provided to you in connection with your purchase (such as non-standard delivery) unless you are returning the item to us because of an error on our part.
3.11 Due to the bespoke nature of personalised Products (see paragraph 14) the usual fourteen (14) day cooling-off period does not apply. These products are identified as products for which orders cannot be cancelled on their product pages.
3.12 For up to 30 days from the date of delivery, if your item is faulty you can get a refund. After 30 days and up to 6 months from the date of delivery, if your faulty item cannot be repaired or replaced, then you are entitled to a full refund.
3.13 Complaints – if you have any complaints in relation to your order or Products, please contact Customer Services email – firstname.lastname@example.org, by post to 8 Sketchley Meadows, Sketchley Lane Ind. Est. Hinckley, Leicestershire. LE10 3EN
4.1 Your order will be posted on the date indicated in the Confirmation of Posting or, if no posting date is specified, then within 30 days of the date of the Confirmation of Posting, unless there are exceptional circumstances as explained in paragraph 17 of these Terms.
4.2 3PM ORDER CUT OFF
4.2.1 This service applies to all sizes of CARDS and POSTCARDS
4.2.2 This does not apply to personalised gifts or printed products which need to be ordered by 2pm Monday to Friday for same day despatch.
4.2.3 All card orders placed before 3pm Monday to Friday will be posted within 48 hours using Royal Mail First Class post. Orders placed on Saturday/Sunday or other public holidays will be posted on the next working day using Royal Mail First Class post.
4.2.4 Royal Mail advises that 90% of First Class post arrives the next day but can take up to 3 working days to arrive.
4.2.5 The 3pm order cut off time for Cards and Postcards will NOT be available during peak periods such as Christmas, Valentine’s Day, Mother’s Day and Father’s Day. During these periods the cut off time for same day posting will revert to 2pm.
4.2.6 Blue Beryl reserves the right to suspend and/or withdraw the 3pm cut off time in the event of any unforeseen circumstances or unprecedented mechanical failures.
5.1 In order to provide the Services and Products available through the Website, we will hold certain personal information relating to you. We have obligations in relation to your personal information under the Data Protection Act 1998.
5.2 By providing your personal information to us, you agree to us using it for the operation of the Website and the provision of Services and Products to you.
5.3 Where you provide personal information about other people (for example their name, date of birth, or address) you are confirming to us that you have the consent of those people to provide us with their personal information.
5.4 Any personal information that we collect from you will be used solely for the purposes of operating the Website and providing the Services and Products to you.
5.5 The personal information that you provide is securely stored within the Website and all personal information transmissions that provide payment or account details are encrypted.
5.6 We will not disclose your personal information to any outside organisation except as part of the operation of the Website and/or as necessary for the provision of the Services and Products to you where a third party may supply you with Products (in which case the third party supplier will be notified of your name, address and telephone number in order to fulfil your order) or where we are legally obliged to do so. To the extent that your personal information is disclosed to an outside organisation for the purposes set out in this paragraph, we shall ensure that such organisation complies with its requirements under the Data Protection Act 1998 as to the retention of your personal information
5.7 The accuracy of the personal information we hold about you and/or other people is dependent upon the accuracy of the information that you provide. We will not verify personal information other than that which is provided for payment or account purposes and we shall not be responsible for errors or problems that arise as a result of inaccurate information submitted by you.
5.8 We reserve the right from time to time to notify you (via SMS, email and post) of other products and services offered by Blueberyl.co.uk. Further to invite you to events that may be of interest to you which are similar to the Products and Services you have previously used or purchased from us. You will be given the opportunity to opt-out at the time of mailing if you do not wish to receive further information notices. We are entitled to notify you in relation to the balance of your prepay account or any transaction that you have commenced but not completed on the Website even if you have “opted-out” of information notices.
5.9 Cookies: Cookies are small text files. Many websites place cookies on your computer when you visit. Cookies are used to make websites work, or to make them work more efficiently, and to provide useful information to website operators. The table below explains what cookies we use and why. Many web browsers allow users to control most cookies through their browser settings. More information about cookies, including details on viewing what cookies have been set and how to delete them is available at: visit http://www.allaboutcookies.org.
Cookie added to user’s browser if box ticked to remember log-in details
Only used on log-in page.
6 INTELLECTUAL PROPERTY RIGHTS
6.1 You are permitted to print off, and may download extracts, of any page(s) from the Website for your own personal use only and subject to the following conditions:
6.1.1 no document(s) or related graphic(s) on the Website are modified in any way;
6.1.2 no graphic(s) on the Website is used separately from the corresponding text; and
6.1.3 our copyright and trade mark notices and this permission notice appear in all copies.
6.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including photographs and graphical images) are owned by us or our licensors and any use of extracts from the Website other than in accordance with paragraph 6.1 for any purpose is prohibited. Where you breach any part of the Terms, your permission to use the Website shall automatically end and you must immediately destroy any extracts you have downloaded from the Website.
6.3 With ‘Photo upload’ the original photographer of the image you upload will remain the copyright of you or the person who allows you to upload their photograph. It is your responsibility to ensure that you obtain the permission of the copyright owner to use any image you use but do not own. We will not be held responsible if any image you upload infringes any third party rights. If we incur any costs (such as legal costs) or become liable to make any payment to a third party (such as damages) because an image you upload infringes someone else’s rights you agree that you will refund us those costs and payments.
6.4 Subject to paragraph 6.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
6.5 Any rights not expressly granted in these Terms are reserved for our sole and exclusive benefit.
7 WEBSITE ACCESS & AVAILABILITY
7.1 We shall endeavour to ensure that access to and use of the Website is available 24 hours a day however access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control and we shall have no liability whatsoever if for any reason the Website is unavailable at any time or for any period.
8 WEBSITE VISITOR MATERIAL & CONDUCT
8.2 We will not be responsible for, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.
8.3 You are prohibited from posting or transmitting to or from the Website any material:
8.3.1 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;
8.3.2 for which you have not obtained all necessary licences and/or approvals;
8.3.3 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; or
8.3.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software of technologically harmful data).
8.4 You may not misuse the Website in any way (including, without limitation, hacking into the Website) or interfere with any other person’s use and enjoyment of the Website or attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.
8.5 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
8.6 We shall have absolute discretion for making any determination in respect of visitor material and conduct and if we have any reason to believe that there is or is likely to be a breach of security or misuse of the Website by you, your use of the Website may be suspended or terminated by us.
8.7 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of paragraph 8.3 or acting in breach of paragraph 8.4.
8.8 Blue Beryl take no responsibility for any loss of personal data on devices that have had either physical or software modifications. This includes ‘Rooted’ devices and any non-factory standard upgrades
9 HYPERLINKS TO THIRD PARTY WEBSITES
9.1 The Website may include hyperlinks to third party websites. These are provided solely for your information and convenience. If you use a hyperlink you will leave the Website. If you decide to access any third party website(s) using hyperlinks on the Website, you do so entirely at your own risk.
9.2 We do not review any third party websites which are accessed from hyperlinks placed on the Website and we do not control and are not responsible for any third party websites including their content or availability, or any loss or damage that you may suffer from your use of them. We therefore do not endorse or make any claims about third party websites, any material found on them or any results that may be obtained from using them.
10 WEBSITE REGISTRATION
10.1 To register with the Website you have to enter your personal details. To register with the Website, you must be over eighteen (18) years of age.
10.2 After registering, you will be given immediate access to register your personal reminders which is provided as part of the Services. If you wish to return to your reminders at any time to make an alteration or to add more reminders, you will be asked to enter your email address and password.
10.3 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on any network.
10.4 Responsibility for the security of any password(s) issued by us rests solely with you.
10.5 You must ensure that the details that you provide on registration or at any time are correct and complete and you must inform us immediately of any changes to the information that you provide when registering by updating your personal details as necessary.
11.1 We shall endeavour to ensure that description(s) and picture(s) of the Products displayed on the Website are a true and accurate reflection. However, these descriptions and pictures may from time to time vary in minor ways from the actual Products provided. If a Product provided varies in a minor way from a description or picture displayed on the Website we shall notify you in the Confirmation. If you do not cancel your order having received such notification we will assume you are happy to proceed with the order and the minor difference in the Product from the relevant description or picture shall not be a breach of your contract with us. Please note that how your computer displays colours will depend partly on your display settings and we will not be liable to you where a colour difference between the Product displayed and supplied is attributable to display settings.
11.2 Unless otherwise stated on the Website, prices of Products displayed on the Website shall be inclusive of any applicable UK VAT and first class Royal Mail delivery charges.
11.3 The Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. If price(s) of any Product displayed on the Website are incorrect, you will be contacted by us and given the option to either: (a) cancel your order for the relevant Product only; or (b) complete your order for the relevant Product at the correct price. Product 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 Despatch Confirmation.
11.4 We will endeavour to deliver all orders for Products within the timescale selected at the time of purchase. However we cannot be held responsible for postal delays once the Product(s) have been posted by us for delivery unless you have selected a postage option which offers guaranteed delivery by a particular time, in which case we will refund your postage charge if that delivery time is missed.
11.5 Payment for all Products must be by credit or debit card at the point of order. We accept payment with Visa debit and credit cards, Mastercard, and also Paypal. We reserve the right to alter the list of acceptable payment cards at reasonable notice.
11.6 The Products will be your responsibility from the time of delivery.
11.7 You should inspect any Product(s) you purchase from the Website as soon as you can after delivery and notify us if you consider they are defective as soon as possible. If a Product is defective you are entitled to either:
11.7.1 ask us to repair the Product(s) at our own expense;
11.7.2 ask us to supply replacement Product(s) free of charge; or
11.7.3 ask us to reimburse the price paid for the relevant Product(s) to the credit or debit card used to purchase the goods.
11.8 We may require you to return a defective Product to us. If we do you will have to pay the cost of returning the defective Product to us but we will refund you the cost of doing so (unless the Product is not in fact defective) on receipt.
11.9 We will endeavour to resolve any complaint within fourteen (14) days or receipt but depending on the circumstances it may take us longer to reply. If we anticipate a reply will take longer than fourteen (14) days we will let you know.
In the event that a Product is defective, or you believe that you are due a refund, please contact our Customer Services team on 01455 633958 or by e-mail at email@example.com . You will then be contacted with our offer of a refund and / or replacement and instructed on the address to which to send any returned goods.
12 PERSONALISED PRODUCTS
12.1 We are unable to offer refunds on any personalised Products due to the personalisation element of the Product, unless the Product is defective.
12.2 Please ensure that your personalisation options are correct at the time of ordering as we cannot be held responsible for common errors such as misspellings or punctuation errors.
13 MULTI BUY OFFERINGS
13.1 We may from time to time extend a “multi-buy” offering whereby a discount will be attributable when purchasing a specified number of Products on the Website. Full terms on any such offering will always be set out on the appropriate webpage on the Website. We reserve the right to withdraw this offer at any time upon notice.
14.1 Subject always to paragraph 14.2, we, our officers, directors, employees, shareholders or agents and any other party involved in creating, producing, maintaining or delivering the Website will not be liable to you in connection with the use, inability to use or the results of the use of the Website, any websites linked to the Website or the material on such websites. While we take reasonable steps to ensure the Website is virus and error free we do not guarantee this. You should take steps to protect your computer equipment from virus and similar threats (for example, by using anti-virus software and firewall protection). You should not use the Website if you are not satisfied with this provision.
14.2 Nothing in these Terms shall exclude or limit our liability for:
14.2.1 death or personal injury resulting from our negligence;
14.2.2 death, personal injury or damage to property caused by a defective Product;
14.2.3 fraud or fraudulent misrepresentation;
14.2.4 breach of the term implied by section 12 of the Sale of Goods Act 1979 (that we have the right to sell the Products we sell);
14.2.5 breach of the terms implied by sections 13-15 of the Sale of Goods Act 1979 (that Products we sell will: (a) correspond with any description we provide; (b) be fit for purpose; and (c) be of satisfactory quality;
14.2.6 breach of the terms implied by section 2 of the Sale of Goods and Services Act 1982 (that you will have quiet possession of Products you purchase and that Products you purchase will be free from encumbrances).
14.3 Subject to paragraph 14.2 in no event shall our total aggregate liability to you for all and any damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Website, purchasing the Products and/or using the Services provided via the Website.
18.4 If you do not understand anything in this paragraph 14, or need more information about what the laws referred to say, please contact us. Depending on your question we may suggest you should take independent legal advice or contact a consumer advice body including Trading Standards (via Citizens Advice consumer service on 03454 040506) or your local Citizens Advice Bureau.
15 DISCLAIMER OF WARRANTIES
15.1 Whilst we shall endeavour to ensure that the information on the Website is true and correct, we do not confirm the accuracy and completeness of the material on the Website other than to the extent it is a Product or Service description. We may make changes to the material on the Website, or to the Services, the Products and/or the prices described in Website, at any time and without notice. Material on the Website may be out of date, and we make no commitment to update such material other than to the extent it is a Product or Service description.
16 WRITTEN COMMUNICATIONS
16.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, 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 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 we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
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 the Terms 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 the following: 21.2.1 strikes, lock-outs or other industrial action;
17.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
17.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
17.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
17.2.5 impossibility of the use of public or private telecommunications networks;
17.2.6 the acts, decrees, legislation, regulations or restrictions of any government; and
17.2.7 pandemic or epidemic.
17.3 Our performance under the Terms 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 Terms may be performed despite the Force Majeure Event. If a Force Majeure Event lasts longer than 30 days you may cancel your order without any further liability to us.
18.1 If either we or you fail to insist upon strict performance of any obligations of the other under these Terms, or if we or you fail to exercise any of the rights or remedies to which we or you are entitled under these Terms, this will not constitute a waiver of such rights or remedies and will not relieve the other party from compliance with such obligations
18.2 A waiver of any default will not constitute a waiver of any subsequent default.
18.3 No waiver of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated in writing.
19 ENTIRE AGREEMENT
19.1 These Terms set out the basis of our contract. To protect your own interests please read the Terms carefully before ordering. If you are uncertain as to your rights under them or you want any explanation about them please contact us for clarification. If you agree anything with our staff which is different from these terms and conditions, then please ensure you ask for this to be put in writing. In that way, we can avoid any problems surrounding what you and we are expected to do.
20 GOVERNING LAW & JURISDICTION
20.1 The Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the non-exclusive jurisdiction of the English courts.
21.1 If any paragraph or sub-paragraph of these Terms is held by a competent authority to be invalid or unenforceable the validity of the other paragraphs and sub-paragraphs of these Terms shall not be affected and they shall remain in full force and effect.
22 THIRD PARTY RIGHTS
22.1 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
23.1 All other communications should be provided to Blue Beryl Customer Service : Tel: 01455 633958 Email: firstname.lastname@example.org