Terms & Conditions of Supply of Goods

Terms & Conditions of Supply of Goods, dated September 2019

When you place an order, either through our website, by telephone or otherwise, you confirm your agreement to our terms and conditions. Bailey Solutions Limited wants you to be completely happy with your purchase so we have tried to be as fair and clear as we can so you know what to expect.

Definitions

You or the Buyer means the person, firm, company or other organisation whose order for Services is accepted by Bailey Solutions Limited.

Products means the  library barcode labels, library cards, library barcode scanners or other library accessories or equipment which Bailey Solutions Limited is to supply on confirmation of your order.

Introduction

This introduction is simply meant to give you an overview of the terms and conditions referred to in your order. They describe the terms under which we sell the goods to you. In particular, we must deliver the correct goods to the right place at the agreed time in perfect condition, and they explain our legal responsibility to you if we fail to meet these standards.

They explain that you must pay us the correct price, and when legal ownership of the goods passes from us to you. This is important for insurance and risk purposes, so we also explain what happens if goods are damaged or delayed for reasons outside of anyone’s control.

Orders

Orders to which these terms and conditions apply may only be placed by individual customers. (Wholesale customers should contact us direct).

All orders for products shall be deemed to be an offer by you, the buyer, to purchase products pursuant to these terms and conditions.

You, the buyer, shall be responsible for ensuring the accuracy of the details provided on the order form/over the telephone and we will not be obliged to accept an order unless all details requested have been entered correctly.

No order submitted by you, the buyer, shall be deemed to be accepted by us unless and until we confirm acceptance of your order by sending a shipping confirmation e-mail.

Placing an Order

After submitting your order, we will send you an order confirmation email with our identity and contact details, your order number, details of the product you have ordered from us, the total price payable (including any applicable taxes and delivery charges), arrangements for payment and delivery details. Please note that the confirmation email is an acknowledgement that we have received your order and is not an acceptance of the order. Once the order has been processed, a shipping confirmation email will be sent.

We are entitled to refuse any order placed by you and will not be required to provide an explanation.

Products

At Bailey Solutions Limited we make every effort to display the true colours of the Products as accurately as we can, however every computer monitor and hand-held device is different and each of our individual perceptions of colour can vary, so we cannot guarantee that the colour of the Products you receive will replicate exactly how it appeared to you on-screen.

All specifications, sizes and measurements quoted are as accurate as we can make them.

If the Products have been manufactured at your request or to any specification that you have supplied, you agree to pay for all expenses, losses and costs that we suffer from any claim made against us for breach of someone else’s intellectual property rights. This applies even after this contract has ended and includes the value of any damages which a court orders us to pay.

Product Availability

All items are in stock unless “This Item is Sold Out” is displayed. Please be aware that even if an item is in your shopping bag, it can still be bought by another customer until you have completed your order.

If the product is out of stock, please feel free to email us at sales@baileysolutions.co.uk to find out when it might be back in stock.

Prices

Our prices are displayed to customers in the United Kingdom in pounds sterling (£) and include UK VAT (Value Added Tax) at the prevailing rate and delivery charges within mainland UK.

Our prices are displayed to customers in the European Union in Euros without VAT or local taxes, but do include overseas delivery charges.

For orders placed for delivery outside the UK, it is your responsibility to pay all import duties and taxes that may apply to you. For this reason, we will deduct the UK VAT from your order at our checkout so you won’t pay two different taxes from two different governments. You could check current charges with your local customs office.  We have no control over these charges and cannot predict what they may be, and they remain the responsibility of the customer. Overseas delivery charges will apply for good delivered outside of the United Kingdom.

Payment

When we provide any products to you, the buyer, under these terms and conditions, payment will be charged to the credit card account provided by you on the website order form.

By placing an order, you, the buyer, consent to payment being charged to your credit card account as provided. Your credit card will not be charged until we despatch the goods to you.

Next, we will send you an electronic receipt to your email address with details of the product, an order number, and delivery details, including any tracking information if available. We will send you a further email once the products have been dispatched.

You, the buyer, will own the goods once they have been delivered to the address specified and when we have received cleared payment for the goods in full. Until that time we will retain title to the goods.

It is your responsibility to ensure all the order details you give us are correct as we are unable to redirect orders once we have despatched them.

If your bank or card issuer does not authorise payment to us, we cannot be liable for any delay or non-delivery.

Shipping and Delivery

The products will be delivered to you, the buyer, at the address provided by you on the order form.

Any dates quoted for delivery of the products are approximate only and we shall not be liable for any delay in delivery of the products however caused. If, however we are unable to deliver your products by the date quoted for delivery, you shall be entitled to cancel the order once the agreed delivery date has passed or we have notified you that we will not be able to meet it, and we will reimburse you.

We aim to despatch our products within ten working days after we receive an order and although we cannot guarantee this, we may also improve on it. We may cancel your goods (and refund you) at any time before despatch if they are no longer in stock and we are unable to re-stock, or if an event outside our control continues for more than three weeks.

If there is a delay or if we cannot despatch within 10 working days, we will advise you as soon as possible.  Once the shipment has left us we cannot change the delivery address, but of course we will try to help if there is a problem. We cannot arrange for deliveries to be left with a neighbour or similar requests, or be responsible for orders which go missing after delivery.

We will not be legally responsible to you for non-delivery if you give us inadequate delivery or other supply instructions.

If your order is urgent, or has specific timing requirements, you must let us know and we will try to accommodate your request, although please note that any special delivery arrangements may be subject to additional costs and, where this is the case, we will inform you of this.

The expected time for delivery may vary depending on the delivery destination. If you have not received your delivery after the expected date, please contact us by email at sales@baileysolutions.co.uk and we will track your order for you.

Countries We Ship To

Bailey Solutions Limited offers Worldwide shipping.
CARRIAGE RATES LISTED BELOW:

Within mainland UK – from £9.00

REST OF WORLD – from  £35.00

The risk in the products shall pass to you upon delivery taking place at the specified delivery address.

Returns

With the exception of bespoke or printed products, items may be refunded or exchanged within 14 days of receipt by contacting us at sales@baileysolutions.co.uk

If you have changed your mind or do not like the product we will refund the price you paid for the product (including delivery costs) provided that:

– you notify us within 14 days of receipt of the goods

– you return the goods safely to us in the same condition in which they were sent to you

We recommend you return items using a guaranteed delivery method as we will only refund you once we have safely received them. We will refund using the method by which you paid us. All goods must be returned to us new, unused and perfect undamaged condition in the original box and with all the original labels and tags still attached (where appropriate), within 14 days after us agreeing the return with you.

We do not accept any item with any indication that it was worn or used, in such cases the item will be returned to the purchaser and you will not be refunded. It is also imperative that your return is adequately protected in transit, and we recommend you send your items back in the original packaging provided. We also recommend that you obtain a free certificate of posting from the Post Office, as we will not accept responsibility or give refunds for parcels lost in transit.

Customers who have paid by credit card will have their accounts credited.

We will not make refunds to a third party.

Any damage or missing items will not be refunded. Our carriage charge is not refundable.

Bespoke or printed products cannot be returned.

If the goods were faulty when we sent them out, then you can either reject them within 30 days of receiving them (by sending us written notice) or ask us to repair, replace or refund the price you paid for them, provided you’ve given us a reasonable opportunity to examine the goods and have returned them to us at our cost (if requested). This right will not apply if you continue to use the goods after noticing the defect, if the defect has arisen as a result of fair wear and tear, negligence or inappropriate storage, or if you’ve failed to follow any usage or storage instructions we give you.

If we are unable to deliver due to reasons caused by you (for example: wrong address supplied, or not paying local taxes), and the goods are returned to us unused in perfect condition, then we will still refund you, less any costs we must pay, such as the return shipment or taxes.

Your Warranty

You, the buyer, warrant that all details provided on the order form for the purpose of purchasing the products are correct, that the credit card you are using is your own or you have the owner’s authorisation to use it, and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the products.

Tax

Prices on our website are shown inclusive of UK VAT (value added tax) at the prevailing rate. Taxes and duties are calculated according to your shipping destination, if you order items for delivery outside the United Kingdom they may be subject to import duties and taxes.

During the buying procedure, you will identify the destination country for the items. This information is used to then re-calculate the UK VAT duties for the destination country. These are calculated and shown to you as part of the final invoice before you authorise payment.

Please note that cross-border deliveries may be subject to opening and inspection by customs authorities. You are considered the importer of record for items you order through our website and must comply with all laws and regulations of the country in which the items are to be delivered. Most destinations are shipped to on a DDU (delivery duty unpaid) basis, which means that all relevant import taxes and duties will be excluded in the final payment invoice.

Once your order arrives at its destination you may be required to pay import duties, customs and local sales taxes levied by the country you are shipping to, in order to release your order from customs. We have no control over these charges and cannot predict what they may be, and they remain the responsibility of the customer.

Limitation of Liability

We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you, the buyer for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of our obligations in relation to these terms, if the delay or failure was due to any cause beyond our reasonable control, including but not limited to:

  • Act of God, explosion, flood, tempest, fire or accident;
  • War or threat of war, sabotage, terrorism, civil disturbance or requisition;
  • Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
  • Import or export regulations or embargoes;
  • Strikes, lock outs or other industrial actions or trade disputes;
  • Difficulties in obtaining raw materials, labor, fuel, parts or machinery;
  • Power failure or breakdown in machinery;
  • Being let down by suppliers or sub-contractors

If we are prevented from carrying out our obligations in the above circumstances, we will notify you in writing. If we are still prevented from carrying out our obligations 3 weeks from the date such notice was sent, then we may give written notice to you cancelling the contract. If the contract is cancelled in this way we accept no liability to compensate you for any loss or damage caused by failure to perform.

Except where you, the buyer are dealing as consumer (as defined in the Unfair Contract Terms Act 1977 section 12 as amended) we do not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the products.

Except in respect of death or personal injury caused by our negligence or any other matter that the law says we can’t exclude, we will not be liable to you, the buyer, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of products and our total legal responsibility to you under the contract will not exceed the price of the goods.

Website

We will attempt to ensure that the information available on the website at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.

We promise that the goods will conform in all material respects to their description, be of satisfactory quality and free from significant defects. However, all drawings, photographs, descriptive matter and specifications of the products on the website, or statements we’ve otherwise communicated to you, are for the sole purpose of giving an approximate description of the products and do not form part of the contract.

We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or all of the website without notice or liability.

General Terms

We may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if we do so we will post any such changes on the website.

If any provision or part of one of our terms and conditions is determined to be invalid or unenforceable the rest of the terms will still apply. Delay in exercising a right under these terms will not take away that or any other right. Changes to the contract are only binding if we agree them in writing. Nobody other than we and you may rely on any terms of this contract.

We will only use the personal information you provide to us – to supply the products to you, to process your payment for the products; and, if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

English Law will apply to these terms and conditions and only the courts of England have a right to deal with any disputes arising from them.

It is Your Responsibility to:

  • provide correct details when ordering
  • pay us in full
  • follow the returns guidelines if you are returning goods
  • read these terms and conditions!

Thank you for your patience in reading our terms and conditions. We want to be as clear and fair as possible.

Enquiries

If you have any further enquiries or concerns about our terms and conditions please contact us via the form below or write to us at the Bailey Solutions Ltd registered office address:

Bailey Solutions Ltd, registered at: Curtis House, 34 Third Avenue, Hove, East Sussex, BN3 2PD, United Kingdom with Company Number 04445779

VAT Registration Number: GB 737 381 417