Terms and Conditions
Miscellaneous Provisions
This website is operated by Banyo Limited (referred to as "Banyo/we/our/us"). As a user of this website
(referred to as "you/your") you acknowledge that
any use of this website including any transactions you make
("use/using") is subject to our terms and conditions below (which includes any other
important hyper-linked
sections e.g. Home delivery information, How to use this website, Returns and refunds and Privacy policy. In
addition, you will find
other useful information within Contact us and FAQs. Please:
-
read through these terms and conditions carefully before using this website
-
print a copy for future reference
-
also read our Privacy policy section regarding your personal information.
1. General
1.1 We reserve the right to change these terms and conditions at any time. Any such
changes will take effect
when posted on the website (see date at the top) and it is your
responsibility to read the terms and
conditions on each occasion you use this website
and your continued use of the website shall signify your acceptance to be bound by
the latest terms and
conditions.
1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website
1.3 We reserve the right to modify or withdraw, temporarily or permanently, this website
(or any part
thereof) with or without notice to you and we shall not be liable to you or
any third party for any such modification or withdrawal.
The website is provided by us to you on an "as is" and "as available" basis.
2. Order process
2.1 Please see the Home delivery information and How to use this website section for
information on how to place an order. All
orders that you place on this website will be
subject to acceptance in accordance with these terms and
conditions.
2.2 The 'confirmation' stage sets out the final details of your order. Following this, we will send to you an
order acknowledgement e-mail detailing the products you have
ordered. Please note that this e-mail is not an
order confirmation or order acceptance from Banyo.
2.3 Acceptance of your order and the completion of the contract between you and us will take place on dispatch
to you of the products ordered unless we have notified you
that we do not accept your order or you have
cancelled it (please refer to Returns and refunds).
2.4 We do not file details of your order for you to subsequently access direct on this
website, and therefore, please print out these terms and conditions and the order
acknowledgement for your
own records. If you wish to obtain specific details of your previous orders please refer to Contact us and FAQs.
3. Delivery
3.1 This website is only for delivery of products to customers with mainland UK and
Northern Ireland addresses. We cannot deliver to the Channel Islands, Isle of Man,
Orkney, Shetland and
Scottish Islands, BFPO addresses, or the Republic of Ireland. All goods must be signed for by an adult aged 18
years or over on delivery.
3.2 Delivery charges and estimated timescales are specified in the Home delivery
information section and also when you place an order. We make every effort to deliver
goods within the
estimated
timescales, however delays are occasionally inevitable due to unforeseen factors and all goods and products are
subject to
availability. Banyo shall be under no liability for any delay or failure to deliver the products
within estimated timescales. We recommend that you make arrangements for
trades people to carry out work on
your
behalf only after your order has been delivered.
3.3 Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.
3.4 As of TBC our delivery costs will be TBC for small items and TBC for larger items.
These delivery costs will apply across the site and supersede any delivery prices
shown in online brochures,
online leaflets and any other content.
4. Payment
4.1 We take payment from your card at the time we receive your order, once we have checked
your card details and stock availability. Goods are subject to availability. In the
event that we are unable
to
supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have
already paid for the goods.
4.2 The price you pay is the price displayed on this website at the time we receive your
order. No other prices published by Banyo are applicable to these items. The
following exception
applies:
While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error
in the price of goods you have ordered we will inform you as
soon as possible and give you the option of
reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the
order as cancelled. If
you cancel and you have already paid for the goods, you will receive a full refund.
4.3 Payment can be made by any method specified in How to use this website. For information about secure online ordering see Secure online shopping.
4.4 Title to any products you order on this website shall pass to you on delivery of the
products provided that we have processed and received payment in full for the
products.
4.5 All prices include VAT (where applicable) at the applicable current rates but exclude
delivery charges, unless expressly stated otherwise (see Home delivery information
for further details)
5. Returns, cancellations and substitutions
5.1 We offer a 7-day money back guarantee, please refer to Returns and refunds. In the
unlikely event that you receive faulty or damaged goods, please refer to
our Returns and refunds section.
5.2 Sometimes the product specifications from the manufacturer may change, in which case
we will do our best to offer you a substitute of the same or better quality at the
same price. If you are
not happy with the replacement you can return it in accordance with our 7-day money back guarantee. Where
applicable, you may cancel your order in
accordance with your rights under the Distance selling regulations
(see the Returns and refunds page for further details).
5.3 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
our Returnssection:
5.4 Products we are unable to cancel, refund or exchange
We cannot offer refunds or
exchanges, unless faulty or not as described, on the following items:
5.4.1 Products which have been personalised for you
5.4.2 Where a product has been specially ordered for you, unless faulty, we are unable
to refund or offer an exchange. This includes all gas fires, gas stoves, wood burning
stoves and wood and
multifuel burning stoves, which are all made to order, as well as all fires made by the manufacturers Flamerite
and Evonic. In exceptional
circumstances we may be able to accept return of these items with refund less
deduction for restocking of 35% plus carriage to the distributor or manufacturer.
6. Intellectual property
6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual
property rights in all materials and/or content made available as part of your use of
this website shall
remain
at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised
by us or our licensors.
6.2 You acknowledge and agree that the material and content contained within this website is made available for
your personal non-commercial use only and that you may
only download such material and content for the
purpose of using this website. You further acknowledge that any other use of the material and content of this
website is
strictly prohibited and you agree not to (and agree not to assist or facilitate any third party
to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or
create derivative works
of such material and content.
7. Liability and indemnity
7.1 Nothing in these terms and conditions excludes or limits liability for death or
personal injury caused by negligence, fraudulent misrepresentation, or any other liability
which may not
otherwise be limited or excluded under applicable law.
7.2 Subject to section 7.1 above, Banyo will use reasonable endeavours to
verify the accuracy of any information on the site but makes no representation or warranty of any
kind
express
or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely
or error-free, that defects will be corrected, or that the
site or the server that makes it available are
free
of viruses or bugs or represents the full functionality, accuracy, reliability of the website Banyo will not be
responsible or
liable to you for any loss of content or material uploaded or transmitted through the website
and Banyo accepts no liability of any kind for any loss or damage from action
taken or taken in reliance on
material or information contained on the site.
7.3 Subject to section 7.1 above, other than as expressly provided in these terms and
conditions with respect to specific products and except for the exclusive remedies set
out at Section 5
above,
any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the
fullest extent permitted under applicable
law
7.4 Subject to section 7.1 above, Banyo will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
- economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
- loss of goodwill or reputation; or
- special or indirect losses
suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
7.5 Notwithstanding the above, subject to Section 7.1 Banyo's aggregate liability (whether
in contract, tort or otherwise) for loss or damage shall in any event be limited to a
sum equal to the
amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable
to the same clause.
7.6 This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
7.7 We will take all reasonable precautions to keep the details of your order and payment
secure, but unless we are negligent, we cannot be held liable for any losses caused
as a result of
unauthorized access to information provided by you.
8. Miscellaneous Provisions
8.1 The contract between us shall be governed by the laws of England and any dispute
between us will be resolved exclusively in the courts of England. English is the only
language offered for
the conclusion of the contract.
8.2 We have selected our products on the basis that they will be used for domestic use
only. If you are planning to use them for business purposes please make sure that
you are covered by
appropriate insurance.
8.3 Banyo shall be under no liability for any delay or failure to deliver products or
otherwise perform any obligation as specified in these terms and conditions if the same is
wholly or partly
caused whether directly or indirectly by circumstances beyond its reasonable control.
8.4 To provide increased value to our customers, we may provide links to other websites or
resources for you to access at your sole discretion. You acknowledge and agree
that, as you have chosen to
enter the linked website we are not responsible for the availability of such external sites or resources, and do
not review or endorse and are not
responsible or liable, directly or indirectly, for (i) the privacy
practices of such websites, (ii) the content of such websites, including (without limitation) any
advertising,
content, products, goods or other materials or services on or available from such websites or
resources or (iii) the use to which others make of these websites or resources,
nor for any damage, loss or
offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such
advertising, content, products, goods or
other materials or services available on such external websites or
resources.
8.5 You may not assign or sub-contract any of your rights or obligations under these terms
and conditions or any related order for products to any third party unless agreed
upon in writing by Banyo.
8.6 Banyo reserves the right to transfer, assign, novate or sub-contract the benefit of
the whole or part of any of its rights or obligations under these terms and conditions or
any related
contract to any third party.
8.7 If any portion of these terms and conditions is held by any competent authority to be
invalid or unenforceable in whole or in part, the validity or enforceability of the
other sections of these
terms and conditions shall not be affected.
8.8 These terms and conditions do not create or confer any rights or benefits enforceable
by any person that is not a party (within the meaning of the U.K. Contracts (Rights
of Third Parties) Act
1999) except:
a. Banyo (as defined below) shall have the right to enforce any rights or benefits under
these terms and conditions;
b. Banyo shall have the right to enforce and take the benefit of the rights or benefits of any limitation or
exclusion or limitation of liability in these terms and conditions;
c. A person who is a permitted successor or assignee under Section 8.8 above of the rights or benefits of these
terms and conditions may enforce such rights or benefits.
d. No consent from the persons referred to in Section 8.9 is required for the parties to vary or rescind these
terms and conditions (whether or not in any way that varies or
extinguishes rights or benefits in favour of
such third parties).
8.9 No delay or failure by Banyo to exercise any powers, rights or remedies under these
terms and conditions will operate as a waiver of them nor will any single or partial
exercise of any such
powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in
writing and signed by an authorised
representative of Banyo.
8.10 These terms and conditions including the documents or other sources referred to in these terms and
conditions supersede all prior representations, understandings
and agreements between you and Banyo relating
to the use of this website (including the order of products) and sets forth the entire agreement and
understanding between
you and Banyo for your use of this website.
The Banyo website is operated by:
Banyo Limited,
64, St. Barnabas Road,
Leicester
LE5 4B
Registered in England with company number 3955869.
VAT Number 754 4515 26
We recommend you print out a copy of these terms and conditions for your future reference. If you have any questions regarding the Banyo website please refer to Contact Us and FAQs for more information and full contact details.