1.    Introduction

These terms and conditions shall govern the sale and purchase of products through our website.

This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).


2.    Interpretation

In these terms and conditions "we" means Bert Frank Limited

"you" means our customer or prospective customer, and "us", "our" and "your" should be construed accordingly.


3.    Order process

No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.

To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an order confirmation and an email to notify you once the item has been shipped. We use Stripe integrated checkout systems, completely secure, PCI compliant and SSL enabled. 


4.    Prices

Our prices are quoted on our website.

We reserve the right to change the prices quoted on our website, but this will not affect contracts that have previously come into force.

All amounts stated in these terms and conditions or on our website are stated exclusive of VAT.

It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.

In addition to the price of the products, you will have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.


5.    Payments

You must, during the checkout process, pay the prices of the products you order.

Payments may be made by credit and debit cards including Visa/Mastercard/American Express.

If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request: 

(a)    an amount equal to the amount of the charge-back;

(b)    all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

 (d)    all our reasonable costs, losses and expenses incurred in recovering the amounts (including without limitation legal fees and debt collection fees)

and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section.


6.    Deliveries

Our policies and procedures relating to the delivery of products are set out in our delivery policy document.


7.    Distance contracts: cancellation right

This Section 7 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

You may withdraw an offer to enter into a contract with us (without giving any reason for your withdrawal or cancellation) at any time upon the submission of your offer; and at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them

If you cancel a contract on the basis described in this Section 7, you must send the products back to us (to Bert Frank, 132 -134 Lots Road London, SW10 0RJ, United Kingdom) or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section 7 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.

If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.

We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 7 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.

You will not have any right to cancel a contract insofar as the contract relates to the supply of goods which are not suitable for return due to health protection or hygiene reasons.

 

8.   Warranties and representations

You warrant and represent to us that you are legally capable of entering into binding contracts; you have full authority, power and capacity to agree to these terms and conditions; all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.

We warrant to you that we have the right to sell the products that you buy; the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions; you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions; the products you buy will correspond to any description published on our website; and the products you buy will be of satisfactory quality.

All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and all other warranties and representations are expressly excluded.

 

9.   Limitations and exclusions of liability

Nothing in these terms and conditions will: limit or exclude any liability for death or personal injury resulting from negligence; limit or exclude any liability for fraud or fraudulent misrepresentation; limit any liabilities in any way that is not permitted under applicable law; or exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).


10.    Order cancellation

We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if: you fail to pay, on time and in full, any amount due to us under that contract; or you commit any material breach of that contract.

You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.

We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war. 

 

11.    Consequences of order cancellation

If a contract under these terms and conditions is cancelled in accordance with this agreement we will cease to have any obligation to deliver products which are undelivered at the date of cancellation. You will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products). 

 

12.    Variation

We may revise these terms and conditions from time to time by publishing a new version on our website.


13.    No waivers

No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.


14.    Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 


15.    Entire agreement

These terms and conditions, together with our delivery policy, our returns policy, and our privacy policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.


16.    Law and jurisdiction

These terms and conditions shall be governed by and construed in accordance with English law. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.


17.    Our details

This website is owned and operated by Bert Frank. We are registered in England and Wales and our registered office is at 1 School House Lane, Teddington, London TW11 9DP. Our principal place of business is at Bert Frank, 132 -134 Lots Road London, SW10 0RJ, United Kingdom. You can contact us by writing to the address given above, by telephone on 0207 164 64 82 or by email to contact@bertfrank.co.uk.