This notice is made by IBBIDIRECT Limited with company number 09499687 whose registered office is Low Warden House, Hexham, Northumberland NE46 4SN and whose place of business is Unit 14, The ibbi Building, Vallum Farm, Military Raid, East Wallhouses, NE18 0LL, Our telephone number is 01434 409085.
The meaning of some words used in these terms and conditions:
“we”, “us” or “our” refers to IBBIDIRECT LLP; and
“you” or “your” refers to the person who is using the website.
2. Terms and Conditions of Use of this Website
2.1 We would like you to be able to use the resources available on our website. It is therefore important that you read these terms and conditions which set out the ways in which you can use the website. The purchase of products or services through this website is covered by our Terms and Conditions of Sale.
2.2 By using this website you agree to comply with these terms and conditions of use.
2.3 The materials on the website are intended to give you general information (rather than professional advice) and may not suit your specific needs. Please contact us with any specific questions.
2.4 So that we can give you a wide variety of resources, the website may include hyperlinks to websites operated by other parties. Although they may be of use, we have not examined or evaluated them and we are not able to confirm or check their content. We have no control over the content of external Internet sites that link to this website or which are linked from it. We do not accept liability for any content posted to this website by visitors.
2.5 The contents of this site are protected by copyright. You agree that you will not use, process or share any of the information on this website for any purpose other than the purposes for which the information was provided.
2.6 Please feel free to read the content of this website. You may only make copies for the purposes of using the available resources and ordering or assessing our products and services. Please note the requirements that apply to the copying of information from third party websites may be different.
2.7 A printed version of these terms and conditions will be admissible in court or other proceedings as if they were originally generated and maintained in printed form.
2.8 We may make changes to these terms at any time and advise you to check this page from time to time as any changes will be binding on you.
2.9 The services we provide on this website are not aimed at children and if you use the website you are confirming to us that you are over 18 years of age and that you agree to these terms and conditions. If you are not over 18 years of age or do not agree to the terms and conditions then we would ask that you do not use our website.
3.1 During registration you will be issued with a username and password which will allow you to use your account and the materials available to registered users. Please keep the username and password confidential as you will be responsible for any unauthorised use that occurs under your account or password. It would be helpful for security reasons if you do not leave your computer unattended while logged on to the website and if you log off each time you are finished using it.
3.2 Please let us know as soon as possible if you think that an unauthorised person knows your username or password or has access to your account.
3.3 To ensure we keep the website secure we may need to refuse service or terminate your account if we suspect an unauthorised person is attempting to access it.
4. Use of the website
4.1 You agree to help us by:-
4.1.1 providing accurate, and up to date information as required by the registration forms on the website;
4.1.2 keeping us informed of any changes to such information; and
4.1.3 reporting any misuse of the website or any misleading or inappropriate material on the website that you become aware of.
4.2 You agree not to use the website to:-
4.2.1 impersonate any person or organisation or falsely state or otherwise misrepresent yourself, or your relationship with any person or organisation;
4.2.2 use or attempt to use the account of any other user without the consent of that user or our prior written authorisation;
4.2.3 upload or share any unsolicited or unauthorised material or advertising;
4.2.4 upload, publish or display any personal or confidential information of any person or organisation without their prior consent;
4.2.5 upload, share or otherwise make available any material that contains viruses or malware;
4.2.6 upload, share or otherwise make available any material which may be defamatory, illegal, discriminatory in any way, of a sexual nature or otherwise offensive or harmful to other users of the website or others;
4.2.7 upload, share or otherwise make available any material which is deliberately misleading or fraudulent; or
4.2.8 intimidate or harass any person or organisation.
4.3 We reserve the right to remove from the website any material that we consider to be in breach of clause 4.2.
4.4 You warrant that you have all necessary consents from relevant individuals to upload their personal data via the website and that by doing so you do not, and will not cause us to, breach the Data Protection Act 1998.
5.1 If you would like to terminate your user account please send us an email at email@example.com.
6.Limitation of Liability and Indemnity
6.1 This paragraph is particularly important, so we ask that you take the time to read it.
6.2 We do not warrant that our website will be compatible with your computer. On occasion, the services available through this website may not be available and your access to our website may from time to time be interrupted or contain errors. We will not be liable if we are unable to provide the website or any services for any reason.
6.3 If you are accessing our website and the associated services in the course of a business, all implied warranties and conditions are excluded to the maximum extent permitted by law.
6.4 If you have registered as a user of the website, we will not be liable for any losses you suffer as a result of someone using your account without permission until you have let us know of the suspected breach of security.
6.5 We will not be liable, in contract, tort (including without limitation, negligence), pre-contract or other representations (except for fraudulent or negligent misrepresentations) or otherwise out of or in connection with these terms and conditions for (a) any loss of profit, data loss, loss of production, loss of goodwill and (b) any indirect loss, costs or expenses, in each case arising out of your use of our website, your use of our services available through our website or our failure to deliver services contained on our website. Nothing in these terms and conditions will limit our liability for death or personal injury resulting from our negligence or that of our servants, agents and employees.
6.6 If you are not using our website in the course of your business, you have certain statutory rights as a consumer. Nothing in these terms and conditions will affect those statutory rights (and in particular, any term which limits our liability to you in the event that any service is defective or fails to meet the description given to it on this website shall not apply).
6.7 If you are accessing our website in the course of a business, you agree to indemnify us and to keep us indemnified (except to the extent caused by our negligence, fraud or wilful default) from all or any liability or damages we incur in contract, tort or otherwise, towards a third party as a result of your use of this website.
6.8 We have no control over the contents of PayPal’s website or resources, and accept no responsibility or liability for any loss or damage that may arise from your use of PayPal’s website.
7.1 If any provision contained in these terms and conditions is found to be invalid or unenforceable, the remainder of the terms and conditions shall not be affected.
7.2 We run our website from the United Kingdom and these terms and conditions, and your use of this website are governed by the laws of England. Unless you are using our website and services as a consumer, by agreeing to these terms and conditions you consent to all disputes relating to this website being decided only by the courts of England and Wales. We are not in a position to check the website complies with laws from outside England and Wales so you will need to check its compliance with the laws of other jurisdictions if you intend to use the website and the associated services from outside the United Kingdom.
7.3 You are not permitted to assign your rights under these terms and conditions. Except as expressly provided by these terms and conditions, no third party may enforce these terms and conditions by virtue of the Contracts (Rights of Third Parties) Act 1999.
1. IMPORTANCE OF THESE TERMS
1.1.1 These terms of sale (the “General Terms”) apply to any order you place through our website at www.ibbidirect.co.uk (the “Website”).
1.1.2 We recommend that you read these General Terms carefully; if you don’t understand any provision in them, you should consider asking a solicitor to advise you, or you may obtain the information or guidance you need from your local Citizen’s Advice Bureau or local authority trading standards department.
1.1.3 The use of the Website is subject to separate terms and conditions which can be found at Terms and Conditions of Use of Website.
1.1.4 We recommend that you print a copy of these General Terms and keep them for future reference.
1.1.5 These General Terms apply where you are dealing with us as a consumer only, namely a natural person who is acting outside his or her business.
1.2 Contacting us
If you want to ask us anything about goods available through the Website, enquire about your order, make a complaint, or send us any information or notice under these General Terms, please refer to paragraph 9 (About Us) at the end of these General Terms.
1.3 Our communications with you
We will normally communicate with you by sending confirmations, notices and other messages to the e-mail address we are holding for you, or contact you via the telephone number you have provided us with and you should assume that will be the case unless we agree or notify you otherwise. The communications from us will include the following:
1.3.1 confirmation of your order;
1.3.2 acceptance of your offer to buy the goods and to order any Additional Services (see paragraph 3.3 for more information regarding Additional Services);
1.3.3 confirmation that you have cancelled an order for goods you have ordered and/or any Additional Services relating to your order;
1.3.4 any decision we make to decline your order;
1.3.5 if we cannot supply the goods you have ordered at all or within the estimated delivery timescales;
1.3.6 if we have any queries or issues regarding any Additional Services you have ordered; and
1.3.7 notice that your goods and any Additional Services have been dispatched.
1.4 Your statutory rights
We are under a legal duty to supply products that are in conformity with the contract we form with you. As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right to cancel as set out in Cancellation, Returns and Refunds or anything else in these General Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office, or on-line at http://www.direct.gov.uk/consumer
2. WEBSITE INFORMATION
2.1 We take reasonable care to ensure that the information, including prices, we publish on the Website relating to our goods is accurate, complete and fair at the time of publication, but sometimes errors or omissions occur.
2.2 Where we discover a material error or omission, including in the price of the goods you have ordered, we will inform you promptly and give you the opportunity to confirm your order based on the corrected information, or to cancel it and obtain a refund as set out in Cancellation, Returns and Refunds.
2.3 If you don’t confirm or cancel your order within 10 working days (i.e. excluding Saturdays, Sundays and public holidays in England) after we send you the corrected information, we will treat your order as having been cancelled for a refund as set out in Cancellation, Returns and Refunds.
3.1 Ordering Procedure
3.1.1 Find the product you want
To find an item you are looking for, either select the category where it is most likely to appear from the top navigation menu or type the name of the item you are looking for into the search box at the top of the page and click ‘SEARCH’.
3.1.2 Select and add to shopping basket
When you have found the goods you want to buy, simply enter the quantity (1 is the default quantity) or where relevant the size you require and click ‘add to basket’. This adds the item to the shopping basket.
Don’t worry if you have added the wrong item or too many of an item to your shopping basket. To remove items from your shopping basket, select ‘delete’ underneath the item quantity. To change the quantity, type the quantity you want in the quantity box, and your shopping basket will update with the new quantity.
For security purposes your shopping basket will be emptied after 30 minutes of no activity.
Paying for the goods you have selected couldn’t be easier. Click on the basket sign at the top of the screen and you will be taken to your shopping basket. You can then check its contents before proceeding. If you would like to add any Additional Services such as ‘Gift Wrap’, please check the box in the shopping basket under each item you have selected.
Simply click on ‘Proceed to Checkout’ and fill in the details we ask. You will be guided through the process of placing an order by a series of simple instructions on the Website. You place the order for your goods and any Additional Services on the Website by pressing the ‘Place Order’ button at the end of the checkout process. You will then be redirected to the PayPal website to make payment for this order. If you don’t want to have to fill out your details again, why not Register and we’ll save your details for the next time you shop with us.
3.1.4 Enter your Promotional Code
At various times, we may offer seasonal or promotional discounts on our products. If you have a promotional code, you can enter it before proceed to Check Out.
Please note that terms and conditions apply to all of our promotions and sales, for example all promotions are subject to stock availability and promotional codes can no longer be honoured after their ‘End Date’.
For security purposes our checkout pages will expire after a period of inactivity.
3.1.5 Can I save items in my shopping basket to buy another day?
3.2 What happens when you place an order to buy goods?
3.2.1 When you place an order you make us an offer to buy the goods described in the order, and that offer is subject to our acceptance. Where your order relates to several items, each item is treated as being subject to a separate order and, in due course, a separate contract for the sale and purchase of the goods.
3.2.3 Neither the completion and submission of your order, nor the confirmation from PayPal constitutes acceptance by us of your order. You may cancel your order at any time before we accept it.
3.2.4 Our acceptance of your order takes place when we send you our confirmation of order email, and not before, even where we have collected payment from you; until then we may cancel your order, in which case we will notify you and provide a refund as set out in Cancellation, Returns and Refunds.
3.2.5 We recommend that you print the order and our confirmation of its receipt.
3.2.6 As your product is shipped from our warehouse we will send you a despatch confirmation email.
3.2.7 At the moment we accept your order, a contract is made between us which obliges us to sell and you to buy the goods, unless the contract is terminated in accordance with these General Terms, and the law, including by you when you exercise your statutory rights of cancellation (see Cancellation, Returns and Refunds). Each contract between us is separate from each other contract, unless both of us agree otherwise.
3.3 What happens when you place an order for additional services?
3.3.1 We offer the following services (“Additional Services”) in relation to the goods you’ve ordered:
(a) gift wrapping; and
(b) application to the goods of any gift message provided by you.
3.3.2 Information about how to place an order for Additional Services can be found at Ordering Procedure.
3.3.3 We accept your order for Additional Services at the same time as we accept your order for the goods.
3.3.4 Subject to paragraphs 3.3.5 and 3.3.6, orders for Additional Services are treated in the same way as orders for goods, and may be cancelled by you or declined by us accordingly.
3.3.5 Where you cancel your order or we decline your order for goods, your order for Additional Services or any contract for Additional Services (as appropriate) is to be treated, without further action on either your or our part, as if it had been cancelled.
3.3.6 A separate contract for the supply of each type of Additional Service at an additional charge is made between us in addition to the contract for the sale of the goods.
3.3.7 If you request performance of any Additional Services within 14 calendar days (starting from the day after we accept your order), you may be charged for any work undertaken by us in performing the Additional Services if you cancel your order within this period. Please see Cancellation, Returns and Refunds for further information.
3.3.8 You will be unable to cancel a contract for Additional Services once the service has been fully performed within the 14 day period referred to at paragraph 3.3.7.
3.3.9 Subject to paragraph 3.3.8, if you cancel an order or a contract for Additional Services but not an order or contract for the associated goods, the latter will not be affected, except that a contract for the goods (if not already made) will be concluded in accordance with these General Terms as if your order or contract for the Additional Services had not been made.
3.4 Unavailability of stock
3.4.1 Our stock of goods is limited and we may experience problems with our suppliers.
3.4.2 If we cannot supply the goods you have ordered at all or within the estimated delivery timescales (see paragraph 5 for further information regarding delivery), we will notify you accordingly and offer you one of the following options:
(a) to cancel your order and receive a full refund of any amounts already paid as set out in Cancellation, Returns and Refunds; or
(b) to place an alternative order, and these General Terms will apply to the alternative order.
3.4.3 If you don’t select one of the options in the previous paragraph within 7 days, your order will be declined without notice from us and we will provide a refund as set out in Cancellation, Returns and Refunds.
3.5 Gift messages
3.5.1 Where we offer you the opportunity to write a gift message, and you take this up, you must not by way of the message do or seek to do any of the following:
(a) impersonate any person or organisation or falsely state or otherwise misrepresent yourself, or your relationship with any person or organisation;
(b) include any:
(i) unsolicited or unauthorised material or advertising;
(ii) communicate any personal or confidential information of any person or organisation, or infringe the property or rights of any person without their prior consent;
(iii) information or material which:
(A) may be illegal, discriminatory, of a sexual nature or otherwise offensive or harmful;
(B) is deliberately misleading or fraudulent; or
(c) intimidate or harass any person or organisation.
3.5.2 If we have reasonable grounds to believe your gift message breaches the requirements of the previous paragraph, we may refuse to deliver it.
3.5.3 You are responsible for the content of any gift message, and we are not liable for any loss or damage to you or anyone else arising from or in connection with your gift message.
4.1 Method of payment
Payment can be made by:
4.1.1 PayPal using the credit, debit or charge cards displayed on the Website (you do not have to register with PayPal to pay by credit or debit card); or
4.1.2 PayPal account.
4.2 If you would like to pay by cheque, please contact us using the details at paragraph 9 (About Us), however the goods will not be dispatched before we have received cleared funds in our bank account in respect of the price.
4.3 When we collect payment
4.3.1 We will normally take payment from you before dispatching the goods to you, but if we have not received payment before you have received the goods, subject to your rights under the arrangements for Cancellation, Returns and Refunds, and your other statutory rights, you must pay for them.
4.3.2 If you do not pay for the goods (when obliged to do so under the previous paragraph) within one calendar month after receiving them, we are entitled by notice to you to terminate our contract with you in respect of the sale of the goods, and if we do so, you must at our request and your cost either return the goods to us in accordance with reasonable instructions we give you or make them available for collection at the address to which they were sent.
4.4 What the price includes
4.4.1 The price of the goods and Additional Services will be as quoted on our Website at the time you submit your order.
4.4.2 The price of the goods excludes VAT as it is not payable on the goods. Please see paragraph 9.2 (VAT) which explains this in more detail.
4.4.3 The price of goods does not include delivery charges. Our delivery charges can be found at Delivery and Delivery Charges and are advertised to you before you proceed to check out.
4.4.4 We deliver to U.K addresses only. If you would like us to deliver to an international address, please contact us. If we do agree in writing with you to international delivery and the costs applicable, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
4.5 Late payment interest
Failure to pay any amount which is due will entitle us to charge interest on the amount outstanding at an annual rate of three (3) per cent above the base rate of HSBC Bank from time to time, from on the due date until the date of actual payment (after as well as before any legal judgment against you).
The goods will only be owned by you when we have received payment in full, including any applicable delivery charges.
5.1 Delivery information
5.1.1 You must complete the order form to give us any necessary information to enable us to deliver the goods to you by post.
5.1.2 Where we have sought to deliver the goods and you are unable to accept delivery we may charge you for the reasonable costs of storage and any wasted delivery costs incurred by us.
5.2 Time for delivery
Unless we agree otherwise, all deliveries will be made within 30 days of our acceptance of your order. All dates and times for delivery of the goods are estimates only, except we shall use our reasonable endeavours to make delivery no later than the date or time stated.
Delivery of the products will be deemed to be completed on delivery of the products to you or to a person specified by you to take delivery of the products in the relevant order and so you should consider insuring them from the date of delivery.
6. CANCELLATION AND RETURNS
Cancellation, Returns and Refunds tells you about the statutory cancellation period during which you may be entitled to cancel our contract with you for the sale and purchase of the goods via the Website and return them to us for a refund. The policy also contains information regarding cancellation of any Additional Service.
We exclude all liability for any loss or damage which relates to any business of yours.
8.1 Governing law
Any contract between us shall be governed by and construed in accordance with English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
8.2 No third party rights
No person who is not a party to a contract between us acquires any benefit or right under that contract.
If you breach any contract between us and we fail or neglect to enforce the provisions of the contract, our omission or silence should not be understood by you that we are giving up our rights or remedies. If either you or we do give up our rights or remedies on one occasion, that does not mean that we or you are doing so in respect of any other rights or remedies.
9. ABOUT US
9.1 Contact details
Our details are as follows:
Name ibbi direct Ltd
Legal Status Limited Company
Contact Address Unit 14, The ibbi building, Vallum Farm, The Military Road, East Wallhouses, NE18 0LL
Telephone 01434 409085
We are not VAT registered and consequently VAT is not payable on our goods.
DELIVERY AND DELIVERY CHARGES
ibbi uses Royal Mail and ipostparcels.com for all deliveries. If you have any queries regarding postage or delivery then please contact us either by email: firstname.lastname@example.org or by telephone: 01830 530433 and we will be happy to answer any questions.
Standard Delivery: 3-5 working days (not including bank holidays)
Express Delivery: For guaranteed delivery by 1.00pm the next day, order by 12.00pm (orders placed after 12.00pm on Friday will be despatched the following Monday excluding Bank Holidays).
International Delivery: Please contact ibbi before placing your order for a shipping quote either by email: email@example.com or by telephone: 01830 530433
The Channel Islands and the Isle of Man are considered international delivery.
CANCELLATION, RETURNS AND REFUNDS POLICY
1. CANCELLATION OF GOODS
1.1 You have the statutory right to cancel any contract between us for the sale of the goods you’ve ordered for any reason, unless they are of the type listed at 1.2 below:
1.1.1 within 14 calendar days starting from the day after delivery of the goods to you (or someone identified by you to take delivery of the goods on your behalf); or
1.1.2 in the case of multiple goods delivered separately, within 14 days starting from the day after delivery of the last of the goods to you (or someone identified by you to take delivery of the goods on your behalf).
1.2 Unfortunately, you may not cancel a contract with us in respect of the supply of goods which consist of the following:
1.2.1 goods which are made or adapted to your specifications, which are clearly personalised;
1.2.2 goods which are liable to deteriorate or expire rapidly;
1.2.3 goods sealed for health protection or hygiene reasons once unsealed.
1.3 However, please remember that you can always cancel your order before we have accepted it.
1.4 For further information about your rights is available from your local Citizens’ Advice Bureau or Trading Standards office, or on-line at http://www.direct.gov.uk/consumer.
2. CANCELLATION OF ADDITIONAL SERVICES
2.1 We offer the following additional services in relation to the goods you have ordered: gift wrapping; or the application to the goods of a gift message provided by you (“Additional Services“).
2.2 Subject to clauses 2.3 and 2.3, you have the right to cancel any contract between us for the supply of any Additional Services in respect of the goods you have ordered within 14 calendar days starting from the day after we accept your order and obtain a refund.
2.3 You will be unable to cancel your contract for the Additional Services once the service has been fully performed if you requested performance of the service within the 14 day cancellation period referred at clause 2.2.
2.4 Please note that you may be required to pay for any work undertaken in performing the contract for Additional Services before your cancellation if you requested performance of the Additional Services within the 14 day cancellation period referred at clause 2.2. In such circumstances, you may only receive a refund for that part of the Additional Services not provided.
2.5 Refunds will be provided in accordance with clause 3.3.3.
3. RETURNS AND REFUNDS
3.1 If you wish to cancel the contract between us for the sale of the goods, you must return the goods to us in accordance with clause 3.2 for a refund or an exchange, except where they were delivered in error, or you are entitled to reject them, for instance where they are faulty, defective or have been mis-described.
3.2 If the goods have been delivered to you before you decide to cancel your contract:
3.2.1 then you must return the goods to us without undue delay and in any event no later than 14 days after the day on which you let us know that you wish to cancel the contract. Please see paragraph 5 for our returns address.
3.2.2 unless the goods you have ordered are faulty or not as described (in this case, see paragraph 3.4), you will be responsible for the cost of returning the goods to us. If the goods cannot be returned by post, we estimate that the delivery charges will not be in excess of £50.
3.3 Unless clause 3.4 applies, if you cancel the contract between us for the sale of goods we will refund:
3.3.1 the price you paid for the goods. However, please note we may deduct an amount to reflect any reduction in the value of the goods if this has been caused as a result of any unnecessary handling by you; and
3.3.2 the cost of our standard delivery service. For example, if we offer a standard delivery option of 3 to 5 days but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund you what you would have paid for the standard delivery option.
3.4 If you have returned the goods to us because they are faulty or mis-described, we will refund the price of the goods in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
3.5 We will make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
3.5.1 if you have received the goods: 14 days after the day on which we receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the products back to us; or
3.5.3 in relation to Additional Services: 14 days after you inform us of your decision to cancel your order.
3.6 We will refund you via PayPal.
4. HOW TO CANCEL
4.1 To cancel an order or a contract, please send us an e-mail to: firstname.lastname@example.org or write to us to that effect at the address set out in paragraph 5 below. You may also use the Cancellation Form which we provide to you when we confirm an order with you.
4.2 Should you wish to return an item to us please repack it with care using all the original packaging or a suitable alternative. Should you wish to return an item from our Tableware Range it must be in its original packaging.
4.3 Please enclose the Cancellation Form which we provide to you when we confirm an order with you. We recommend that you obtain a receipt for your postage, a certificate of posting, and consider insuring your parcel against loss or damage in the post.
5. RETURNS ADDRESS
Unit 14, The ibbi Building, Vallum Farm, Military Road, East Wallhouses, NE18 0LL
(Complete and return this form ONLY IF YOU WISH TO CANCEL the contract)
To: ibbidirect Ltd, Unit 14, The ibbi Building, Vallum Farm, Military Road, East Wallhouses, NE18 0LL
I hereby give notice that I wish to cancel my order for [INSERT REFERENCE NUMBER OR OTHER DETAILS TO ENABLE THE CONTRACT TO BE IDENTIFIED]
Ordered on [ ]* / received on [ ]*,
Name of Customer:
Address of Customer:
Signature of Customer:
* Delete as appropriate