TERMS & CONDITIONS - WWW.BIGOFFERS.CO.UK
This document (together with any other documents referred to on it) informs you
of the terms and conditions on which we supply any of the products (Products)
listed on our website http://www.bigoffers.co.uk (our website) to you. Please
read these terms and conditions carefully before ordering any Products from our
website. You should understand that by ordering any of our Products, you agree
to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you
will not be able to order any Products from our website.
1. INFORMATION ABOUT US
1.1 Bigoffers.co.uk is a company wholly owned by Boffer Limited, which is a company
registered in England and Wales under number SC296125. Our registered office is
Boffer Limited
Unit 30,
Enterprise Drive,
Lye, Stourbridge,
West Midlands,
England,
DY9 8QH.
1.2. This website is protected by both copyright and database rights. Your use
of this website, including any information you may send to us or submit to the
website and/or any goods purchased via this website is subject to our terms and
conditions.
1.3. We reserve the right to make changes to this website and these Terms and
Conditions at any time without notice and it is your responsibility to revisit
this page from time to time to re-read this notice. Any revised terms shall take
effect as at the date of its posting on this website and your continued use of
this website indicates your acceptance of these Terms and Conditions (as revised
or amended).
Disclaimer
2.1. This website may from time to time include information and/or opinion relating
to products in general. The information and/or opinion contained and/or expressed
on this website are provided for general information purposes only. It is not
intended to be comprehensive, nor specific professional advice and it is therefore
not intended to replace professional advice. We do not accept any responsibility
and/or liability for the implementation of any information or opinion provided
on this website. The information and/or opinions provided are no substitute for
professional advice.
2.2. Whilst we endeavour to ensure that the content of our website is accurate
and up-to-date, we do not make any representations nor give any warranties of
any kind (express or implied) with respect to the contents or operation of this
website, and any such representations and warranties are expressly excluded.
2.3. This website and the downloads made available on it are made available on
the basis that (except in respect of fraud by us, whether trading as "BigOffers"
or otherwise, or of death or personal injury caused by our negligence), all liability
whatsoever for any losses, claims, actions or damage, whether direct or indirect,
arising out of or in connection with your use of this website and/or any of the
downloads made available on it, or your reliance upon the contents of this website
are excluded to the fullest extent permitted by law including but not limited
to any liability for computer service or system failure, access delays or interruption,
data non-delivery or mis-delivery, computer viruses or other harmful components,
breaches of security or unauthorised use of the system arising from "hacking"
or otherwise.
2.4. We do not warrant that use of this website will be uninterrupted and error
free. If we discover any typographical, clerical or other error or omission in
any page posted on this website then such error shall be subject (as soon as practical)
to correction or deletion (as appropriate) without any liability on our part.
2.5. Where you are provided with a password for use of this website, this is provided
on a confidential basis and must not be used by and/or disclosed or provided to
any third party.
2.6. We shall not be obliged to enforce these Terms and Conditions against any
third party nor take any action against any third party for breach of these Terms
and Conditions. Furthermore, we shall have no liability to you for any breach
of these Terms and Conditions by any third party.
2.7. The content of this website, any dispute arising out of this website, and
your relationship with us are governed by English Law and shall be subject to
the exclusive jurisdiction of the English Courts.
3.0 Copyright & Trademarks
3.1. No material protected by copyright, trade mark or other proprietary rights
shall be uploaded, posted, submitted or otherwise made available on this website
without the express permission (and agreement to the terms hereof) of the owner
of the copyright, trade mark or other proprietary right and the burden of determining
that any material is not protected by such rights rests with you. You shall be
solely liable and hereby undertake to indemnify us for any damages resulting from
any infringement of copyrights, proprietary rights, or any other harm resulting
from any uploading, posting or submission.
3.2. You may download, temporarily store, and use the information contained in
or on one or more pages from this website including but not limited to the information
made available on this website for your own personal use. However, save where
the same cannot be prohibited by law, you may not adapt, modify, copy, merge,
translate, decompile, disassemble, permanently store, republish, retransmit, redistribute
or otherwise make such information or pages available to any other party or available
on any website, online service or bulletin board of your own or of any other party
or make the same available in hard copy or on any other medium without our express
prior written consent.
3.3. All designs, texts, graphics, codes and the selection or arrangement of them
are the copyright or database rights of us and/or are utilised by us under appropriate
licenses.
3.4. All trade marks, brand names and business names or logos contained in this
website are proprietary to us and/or are utilised under appropriate licenses.
3.5. You hereby waive and/or agree to procure the waiver of any and all moral
rights (as set out at Chapter IV of Part I of the Copyright, Designs and Patents
Act 1998) in and in relation to any text or submission which you may make to this
website save that we reserve the right to identify you as the author of any submission
which is published in whole or in part on this website.
4.0. SERVICE AVAILABILITY
4.1 Our website is only intended for use by people resident in the United Kingdom
of Great Britain and Northern Ireland (UK). We do not accept orders from outside
the UK. Some restrictions are placed on the extent to which we accept orders from
you please see below.
4.2 We only deliver to the UK mainland and Northern Ireland which excludes:
a. Channel Islands
b. Republic of Ireland
c. Isles of Scilly
5. YOUR STATUS
By placing an order through our website, you warrant that:
a. You are legally capable of entering into binding contracts; and
b. You are at least 18 years old;
c. You are resident in the UK; and
d. You are accessing our website from the UK.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 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 dispatched
(the Dispatch Confirmation). The contract between us (Contract) will only be formed
when we send you the Dispatch Confirmation.
6.2 The Contract will relate only to those Products whose dispatch we have confirmed
in the Dispatch Confirmation. We will not be obliged to supply any other Products
which may have been part of your order until the dispatch of such Products has
been confirmed in a separate Dispatch Confirmation.
6.3 We will take all reasonable steps to keep the details of your order and payment
secure, but, unless we are found to be negligent, or we have not complied with
our requirements under the Data Protection legislation, then we shall not be liable
for any financial losses caused as a result of unauthorised access to information
provided by you.
7. OUR STATUS
7.1 To provide increased value to you we may provide links on our website to the
websites of other companies, whether affiliated with us or not. We cannot give
any undertaking, that products you purchase from third party sellers through our
website, or from companies to whose website we have provided a link on our website,
will be of satisfactory quality, or fit for any purpose, and any such warranties
are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory
rights against the third party seller. We will notify you when a third party is
involved in a transaction, and we may disclose your customer information to them
but only insofar as it is related to that transaction.
7.2 We are not liable, directly or indirectly for the privacy policies of any
third party websites, nor do we warrant that any information given is accurate
or up to date, nor can we vouch for their bona fides, nor for any loss damage
or offence caused by your use or reliance on any material posted on such websites.
We would urge you to guard your privacy and check the policies of third parties
before disclosing your personal information.
8. CONSUMER RIGHTS
8.1 If you are contracting as a consumer, you may cancel a Contract at any time
within 7 working days, beginning on the day after you received the Products. In
this case, you will receive a full refund of the price paid for the Products in
accordance with our refunds policy (set out in clause 10 below).
8.2 If the Product is not faulty or damaged on delivery, and you cancel the order
within 7 days of receipt, you must also return the Product(s) to us immediately,
in the same,salesable, condition in which you received them, and at your own cost
and risk. You have a legal obligation to take reasonable care of the Products
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.
8.3 You will not have any right to cancel an order for the supply of any of the
following Products unless they are faulty or damaged:
" Compact Discs, DVD's, videos and computer software (or other recordable
media).
" Perishables.
" Items which cannot be resold for health, safety and hygiene reasons such
as but not limited to: - body jewellery, personal grooming products, cosmetics,
hosiery, swimwear, underwear.
" Partially or fully assembled flat pack furniture.
" Children's car seats.
8.4 An explanation of how to exercise it your rights are provided as per 8.1/8.2
above.
8.5 We will take reasonable care to ensure that all details, descriptions and
prices of Products appearing on our website are correct. Our aim is to keep our
website up to date and accurate. If we discover an error (in detail, description
or price) we will inform you as soon as possible and give you the opportunity
to reconfirm your order or cancel it. If we are unable to contact you within a
reasonable period of time then we will treat your order as cancelled. If at the
time of cancellation you have paid for the Product(s) then you will receive a
refund in full.
8.6 If a Product develops a fault and is covered under a manufacturer's warranty
or is damaged on receipt then we will arrange collection from you. If we are satisfied
that there is a fault in the Product or the damage was caused by our negligence
then we will either replace the Product or refund you the price paid (at our discretion)
within 30 days.
8.7 If you are reporting a fault within the manufacturer's warranty period then
we strongly recommend that you first contact the manufacturer direct to have the
fault repaired, this is often the quickest solution as many manufacturers have
special service centres or telephone help facilities for your convenience. If
you are unable to contact the manufacturer then please call our customer services
by emailing
8.8 Faults caused by accident, misuse or negligence may not be covered by a manufacturer's
warranty, whether or not the products are within the warranty period.
8.9 All returns require a RMA number in order to be processed through our warehouse.
To receive your RMA number log on to my account at bigoffers.co.uk.and email us
where an authorised RMA number will be issued for the return of the product.
PLEASE NOTE
ANY PRODUCT THAT IS RETURNED TO OUR WAREHOUSE WITHOUT AN RMA NUMBER CAN NOT
BE PROCESSED AND THEREFORE A REFUND CAN NOT BE AUTHORISED.
9. AVAILABILITY & DELIVERY
9.1 We make every effort to hold sufficient stock to fulfill your order by the
delivery date set out in the Dispatch Confirmation. From time to time this may
not be possible and orders may be delayed or permanently unavailable for unforeseen
reasons and all stock availability estimates are approximate. If we discover
that stock is not available after we have received your order we will contact
you and may, in agreement with you may supply or deliver a substitute product,
or refund you the price paid by you.
9.2 Certain Products (e.g. video games) are the subject of a legally prescribed
age restriction, determined by the British Board of Film Classification (or
similar body). The current classifications are 12, 15 and 18. The classification
reflects the content of the Product (violence, language, sex, drug abuse etc
).
You are therefore required to confirm that you are over 18 years of age and
we reserve the right to carry out checks to verify your age and will, if we
are not reasonably satisfied, cancel your order.
9.3 In the United Kingdom it is against the law to sell or supply intoxicating
substances to persons under the age of 18 years. By placing an order for such
Products you confirm that you are over the age of 18. If on delivery we have
any reasonable doubt that there is a recipient at the address over 18 years
of age then we reserve the rights to either make enquiries and seek verification
(by the provision of identification) or cancel the order. The courier will not
leave the Product if they are not reasonably satisfied that they are delivering
the Products to a person over the age of 18.
9.4 We may specify or recommend from time to time special rules regarding dates
for deliveries (such as at Christmas and other busy periods). Notices of these
special rules will be placed on our website.
9.5 We endeavour to dispatch all "in stock" orders within your selected
delivery option. . However, we make no promises regarding delivery periods.
To avoid disappointment during extended bank holidays or other busy trading
periods please place your order in plenty of time. We post notices on our website
of any known issue that relates to supply or delivery.
10. RISK & TITLE
10.1 The Products will be at your risk from the time of delivery. We may ask
you to sign for Products delivered and this will be deemed an acknowledgement
of receipt in an undamaged state.
10.2 Ownership of the Products will only pass to you when we receive full payment
of all sums due in respect of the Products, including delivery charges.
11. PRICE & PAYMENT
11.1 The price of any Products will be as quoted on our website from time to
time, except in cases of obvious error.
11.2 These prices include VAT (and any other sales taxes) but exclude delivery
costs, which will be added to the total amount due as set out on our website.
11.3 Prices are liable to change at any time, but changes will not affect orders
in respect of which we have already sent you a Dispatch Confirmation.
11.4 Our website contains a large number of Products and it is always possible
that, despite our best efforts, some of the Products listed on our website may
be incorrectly priced. We will normally verify prices as part of our dispatch
procedures so that, where a Product's correct price is less than our stated
price, we will charge the lower amount when dispatching the Product to you.
If a Product correct price is higher than the price stated on our website, we
will normally, at our discretion, either contact you for instructions before
dispatching the Product, or reject your order and notify you of such rejection.
11.5 We are under no obligation to provide any Product to you at an incorrect
(lower) price, even after we have sent you a Dispatch Confirmation.
11.6 Payment for Products must be by credit, debit card or Paypal. All payments
are debited on order submission. For the full list of credit and debit cards
acceptable to us please visit our website at bigoffers.co.uk.
11.7 It is a crime to use a false name or known invalid payment card. We reserve
the right to report to appropriate authorities any activity which we deem suspicious
relating to our website and any orders placed. Please see our PRIVACY POLICY
for details of our use of electronic tracking software in relation to orders
and suspicious activity.
12. OUR CANCELLATION & REFUND POLICY
12.1 You may cancel an order at any time prior to your order being dispatched
by e-mail via your account.
12.2 When you return a Product to us:
a. because you have cancelled the Contract between us within the seven-day cooling-off
period, we will process the refund due to you as soon as possible and, in any
case, within 30 days of the day you have given notice of your cancellation.
In this case, we will refund the price of the Product 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, we will examine the returned Product 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 30
days of the day we confirmed to you via e-mail that you were entitled to a refund
for a defective Product. Products 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.
12.3 We will usually refund any money received from you using the same method
originally used by you to pay for your purchase.
12.4 If you have cancelled the order after dispatch and the Product is not returned
to us within 30 days we will make reasonable attempts to recover the Product
and reserve the right to recover from you our reasonable costs of recovery attempts
and (if not already paid) the cost of the unreturned Product.
13. OUR LIABILITY
13.1 Where you purchase as a consumer we warrant to you that any Product purchased
from us through our website is of satisfactory quality and reasonably fit for
the purposes for which products of the kind are commonly supplied.
13.2 Our liability for losses you suffer as a result of us breaking this agreement
is strictly limited to the purchase price of the Product paid by you.
13.3 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.
13.4 We are not responsible for direct or indirect losses which happen as a
consequential loss of the main loss or damage, including but not limited to:
a. loss of income or revenue
b. loss of business
c. loss of profits or contracts
d. loss of anticipated savings
e. loss of data
f. waste of management or office time however arising and whether caused by
tort (including negligence), breach of contract or otherwise, even if foreseeable;
13.5 We provide information on our site on an "as is" basis and make
no representation and give no warranty of any kind, express or implied in respect
of the information or content provided on our website. Although we make every
effort to ensure that it is accurate, complete and up to date we do not warrant
that this information or content is accurate, complete or current.
13.6 We are not liable (including liability for negligence) in relation to the
acts or omissions of telecommunication and internet service providers or for
failures of, or faults in their networks and equipment.
13.7 Where you buy any Product from a third party seller accessed via a link
to our website, the seller's individual liability will be set out in the seller's
terms and conditions. We are not liable for any purchases made by you via such
links.
14. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send
to you should be in writing. When using our 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 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.
15. NOTICES
All notices given by you to us must be given to;
Boffer Limited
Unit 30,
Enterprise Drive,
Lye, Stourbridge,
West Midlands,
England,
DY9 8QH.
16. TRANSFER OF RIGHTS & OBLIGATIONS
16.1 The Contract between you and us is binding on you and us and on our respective
successors and assigns.
16.2 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.
16.3 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.
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 a Contract 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 in particular (without
limitation) the following:
a. Strikes, lock-outs or other industrial action.
b. Civil commotion, riot, invasion, terrorist attack or threat of terrorist
attack, war (whether declared or not) or threat or preparation for war.
c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other
natural disaster.
d. Impossibility of the use of railways, shipping, aircraft, motor transport
or other means of public or private transport.
e. Impossibility of the use of public or private telecommunications networks.
f. The acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under any Contract 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
endeavors to bring the Force Majeure Event to a close or to find a solution
by which our obligations under the Contract may be performed despite the Force
Majeure Event.
18. WAIVER
18.1 If we fail, at any time during the term of a Contract, to insist upon strict
performance of any of your obligations under the Contract or any of these terms
and conditions, or if we fail to exercise any of the rights or remedies to which
we are entitled under the Contract, this shall not constitute a waiver of such
rights or remedies and shall not relieve you from compliance with such obligations.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent
default.
18.3 No waiver by us of any of these terms and conditions shall be effective
unless it is expressly stated to be a waiver and is communicated to you in writing
in accordance with clause 14 above.
19. SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are determined
by any competent authority to be invalid, unlawful or unenforceable to any extent,
such term, condition or provision will to that extent be severed from the remaining
terms, conditions and provisions which will continue to be valid to the fullest
extent permitted by law.
20. ENTIRE AGREEMENT
20.1 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.
20.2 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.
20.3 Neither of us shall have any remedy in respect of any untrue statement
made by the other, whether orally or in writing, prior to the date of any Contract
(unless such untrue statement was made fraudulently) and the other party´s
only remedy shall be for breach of contract as provided in these terms and conditions.
21. OUR RIGHT TO VARY THESE TERMS & CONDITIIONS
21.1 We have the right to revise and amend these terms and conditions from time
to time.
21.2 You will be subject to the terms and conditions in force at the time that
you order Products 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 Products).
22. Data Protection & Privacy Policy
22.1 We are responsible for the processing and are therefore the data processors
as well as the data controller of all the personal data which you provide to
us or which we collect from you. We regard your privacy as very important and
any personal information and data which you provide to us through this website
will be dealt with in accordance with this Data Protection and Privacy Policy
and these Terms and Conditions.
22.2 The provisions of the clause 22.5 will describe how we will handle the
data which you may provide to us and why we collect your data.
22.3 We reserve the right to make changes to this Data Protection and Privacy
Policy at any time without notice and it is your responsibility to revisit this
page from time to time to re-read this policy. Any revised terms shall take
effect as at the date of posting.
22.4 If you have any queries regarding this Data Protection and Privacy Policy,
please contact us by email raise a ticket through support.
Data Protection
22.5.1 As a data controller, we will take all the necessary steps to comply
with the Data Protection Act 1998 and its relevant subordinate legislation when
handling any personal data which you may provide to us. This includes ensuring
that data is fairly and lawfully processed; processed for limited purposes;
adequate, relevant and not excessive; accurate; not kept longer than necessary;
processed in accordance with your rights; and secure. Our data protection registration
number is Z1940013.
22.5.2. Should you wish to obtain a copy of the personal data which we hold
about you, please contact us at bigoffers, Unit 30,Enterprise Drive,Lye, Stourbridge,
West Midlands,England,DY9 8QH. enclosing a cheque or postal order for £10 made payable to Boffer Limited,
to cover our administration costs. As soon as we are satisfied as to your identity,
we will send you, within 30 days a copy of all the data we hold relating to
you.
22.5.3. If you believe that any personal data or information which we hold about
you is incorrect or incomplete, please write to the same address as set out
in the above paragraph. Any information or data which is found to be incorrect
will be corrected as soon as practical.
What Personal Data Do We Collect From You and Why?
22.6.7 We may collect personal data from you such as your name, email address,
postal address, and telephone number when you respond to requests to submit
personal information about yourself in order to obtain products and services
which we may be offering. In the event that you no longer wish to receive the
products or services for which you have submitted the information, you can at
any time raise a ticket to support in order for your details to be removed from
the database.
22.6.8 We will use the personal information and data supplied by you to create
a customer profile by keeping, for example, a record of the products or services
which you have requested with such information being used by us for demographic,
regional and market research purposes, and to send you details about any further
products and services, bulletins or other information which we believe may be
of interest to you, or to request Your feedback of our products or services
from time to time. In addition, we may use the personal information and data
supplied by you to attribute to you any information or questions submitted by
you which may be published on this website.
To Whom Will We Supply Your Personal Data?
22.6.10 We will only supply data which personally identifies you to a third
party or organisation in the following circumstances:
22.6.11 where we need to share or send the information to third parties or organisations
who work with us or on our behalf to provide a product or service to you which
you have requested, such persons or organisations may only use this information
in order to provide such product or service and not for any other purpose;
22.6.12 where we need to share or send the information to third parties or organisations
who work with us or on our behalf to provide services to us, for example in
respect of customer profiling and the marketing of bigoffers group products
and services;
22.6.13 where we are required to forward the information or data in order to
comply with any regulatory or legal process
22.6.14 where there is a sale and/or transfer of all or any part of our business.
22.6.15 Other than in the circumstances stated above, third parties will not
have access to your personally identifiable data.
23. LAW & JURISDICTION
Contracts for the purchase of Products through our website 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 English Courts.
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