Terms and Conditions of Sale
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which Goods are sold by us to consumers through this website, billboardsup.com (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms and Conditions when ordering Goods. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order Goods through Our Site. These Terms and Conditions, as well as any and all contracts are in the English language only. By placing an order and agreeing to these Terms and Conditions you enter into a contract with us (“Contract”).
1. INFORMATION ABOUT US
Billboardsup.com is a web site operated by Billboard Sup Ltd (“we / us / our”), a limited company registered in
England under 10371340, whose registered address is Jamieson Stone LLP Chartered Accountants Windsor House 40/41 Great Castle Street London W1W 8LU. Our VAT number is 264 8012 10.
2. YOUR STATUS
By placing an order through Our Site, you warrant that:
a) You are legally capable of entering into binding contracts; and
b) You are at least 18 years old;
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order (“Acknowledgement”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Good. All orders are subject to acceptance by us. Unless we notify you within 5 working days after the date of the Acknowledgement that we are unable to accept all or part of your order, you order will be deemed accepted by us.
3.2 The Contract will relate only to those Goods in respect of which we have accepted your order. We will have no obligation to supply Goods for which we have not accepted your Order.
4. CONSUMER RIGHTS
4.1 If the Contract we make with you is not made on Our premises, you may cancel a Contract at any time within 14 days, beginning on the day after you received the Goods. In this case, you will receive a full refund of the price paid for the Goods in accordance with our refunds policy (set out in clause 8).
4.2 To cancel a Contract, you must inform us in writing. You must also return the Good(s) to us immediately, within no more than 14 days from the date of the notice in writing, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
4.3 Details of this statutory right, and an explanation of how to exercise it, are provided in the Acknowledgement.
5. AVAILABILITY AND DELIVERY
5.1 We will endeavour to deliver goods to you within 5 working days after the date of the Acknowledgement to the address specified in your order you have placed a pre-order, subject to Clause 5.2. We will inform you about the estimated delivery date in the Acknowledgement.
5.2 If we are unable to deliver a Good within 30 days after the date of the Acknowledgement, we will notify you and promptly reimburse you for the price you have paid.
5.3 In case if the order for Goods is placed as a pre-order, we will provide you with the Acknowledgement with an estimated date of delivery which is only an estimate and subject to change. Although we will make efforts to begin delivering Goods as soon as reasonably practicable, you understand and agree that there may be delays.
6. RISK AND TITLE
6.1 The Goods will be at your risk from the time of delivery.
6.2 Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges.
7. PRICE AND PAYMENT
7.1 The price of any Goods will be as quoted on Our Site and current at the date of your order, except in cases of obvious errors.
7.2 These prices include VAT where appropriate and also exclude delivery costs, which will be added to the total amount due. Our delivery costs are set out in the check out process.
7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have accepted your order.
7.4 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed.
7.5 It is always possible that, despite our best efforts, some of the Goods listed on Our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Good’s correct price is less than our stated price, we will charge the lower amount when dispatching the Good to you. If a Good ́s correct price is higher than the price stated on Our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Good, or reject your order and notify you of such rejection.
7.6 We are under no obligation to provide the Good to you at the incorrect lower price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
7.7 Payment for all Goods must be by credit or debit card. Your card will be charged on the of your order with the deposit agreed. This is not to be interpreted as acceptance of your order. If we do not accept your order, we will promptly reimburse your card.
7.8 Your card will be charged with the remainder of the price on the day following the day of dispatch od all Goods.
7.8 In case if the order for Goods is placed as a pre-order, we reserve the right to charge up to 15% of the price of the Good as a non-refundable, upfront deposit and charge the remainder of the price upon the dispatch of the pre-ordered Good.
8. OUR REFUNDS POLICY
8.1 When you return a Good to us:
(a) because you have cancelled the Contract between us within the 14-day cooling-off period (see clause 6), we will process the refund due to you as soon as possible and, in any case, within 14 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Good in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because you have notified us in accordance with paragraph 17.2 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Good is defective), we will examine the returned Good and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Good. Goods returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
8.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9. FAULTY, DAMAGED OR INCORRECT GOODS
We provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information we have provided, and that match any samples or models that you have seen or examined (unless we have made you aware of any differences. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact us at <<insert contact details>> as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for a refund, repair or replacement.
10. OUR LIABILITY
10.1 We warrant to you that any Good purchased from us through Our Site is of satisfactory quality and
reasonably fit for all the purposes for which goods of the kind are commonly supplied.
10.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Good you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
10.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage (such as loss of enjoyment, additional costs of travel, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
10.5 Furthermore, if you are a Consumer as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to you, or your rights or remedies, or Our liability to you under the Consumer Rights Act 2015, the Regulations, the Consumer Protection Act 1987, or any other consumer protection legislation, as that legislation is amended from time to time. This includes, without limitation, your rights and remedies under all such legislation for any breach of any term of the Contract (whether the terms is part of these Terms and Conditions or is a term implied by any such legislation) and for any non-conformity of the Goods with the Contract.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using Our Site, 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 our 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.
12.1 All notices given by you to us must be sent by first class post to <<insert company name>>,<<insert registered address>> or by email to <<email>>.
12.2 We may give notice to you at either the e-mail or postal address you provide to us when placing an order. 12.3 Notice will be deemed received 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee and that a read receipt was received by you.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control. This does not affect your statutory rights.
No failure or delay by us or you in exercising any rights under these Terms and Conditions means that we or you have waived that right, and no waiver by us or you of a breach of any provision of these Terms and Conditions means that we or you will waive any subsequent breach of the same or any other provision.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
17. ENTIRE AGREEMENT
17.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these terms and conditions from time to time for any reason, including changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities . 18.2 You will be subject to the policies and terms and conditions in force at the time that you order goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Goods).
19. LAW AND JURISDICTION
Contracts for the purchase of Goods through Our Site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.