SUPPLY OF GOODS
legal terms and conditions (Terms) on which we sell any of the products (Products) listed on
our website (our site) to you.
Please note that these Terms are only applicable for consumers. If you wish to purchase any goods for trade purposes, please contact us at email@example.com.
These Terms will apply to any contract between us for the
sale of Products to you (Contract). Please read these Terms carefully and make sure that you
understand them, before ordering any Products from our site. Please note that before
placing an order you will be asked to agree to these Terms. If you refuse to accept these
Terms, you will not be able to order any Products from our site.
We amend these Terms from time to time as set out in clause
6. Every time you wish to order Products, please check these Terms to ensure you understand
the terms which will apply at that time. These Terms were most recently updated on 28th
These Terms, and any Contract between us, are only in the
1. INFORMATION ABOUT
1.1 We operate the website www.bagsofplenty.co.uk. We are Bags of Plenty, a Partnership registered in England and Wales under company number 36733 58760 and with our registered office at Kineton, Cheltenham, GL54 5UG, United Kingdom.
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 7, you just need to let us know that you have decided to cancel. The easiest way to do this is email us at firstname.lastname@example.org requesting cancellation of your order and providing full contact details so that we can make arrangements. We will e-mail you to confirm we have received your cancellation. As well as e-mailing us at email@example.com you can also write to us at Kineton, Cheltenham, GL54 5UG, United Kingdom. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning us at 07748 763560 or by e-mailing us at firstname.lastname@example.org
(c) If we
have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid
post to the address you provide to us in your order.
2. OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to
be as accurate as possible, because our Products are handmade, all sizes, capacities,
dimensions and measurements indicated on our site are approximate.
of our products are unique and are hand decorated. Whilst every effort is made to decorate
the Products in accordance with the illustrations shown on our site, there will be slight
packaging of the Products may vary from that shown on images on our site.
3. HOW WE USE YOUR PERSONAL
We only use your personal information in accordance with our
4. CONSUMER WARRANTY
4.1 If you are a consumer,
you may only purchase Products from our site if you are at least 18 years old.
5. HOW THE CONTRACT IS
FORMED BETWEEN YOU AND US
shopping pages will guide you through the steps you need to take to place an order with us.
Our order process allows you to check and amend any errors before submitting your order to
us. Please take the time to read and check your order at each page of the order
you place an order, you will receive an e-mail from us acknowledging that we have received
your order. However, please note that this does not mean that your order has been
accepted. Our acceptance of your order will take place as described in clause
will confirm our acceptance to you by sending you an e-mail that confirms that the Products
have been dispatched (Dispatch Confirmation). The Contract between us will only be
formed when we send you the Dispatch Confirmation.
5.4 If we
are unable to supply you with a Product, for example because that Product is not in stock or
no longer available or because we cannot meet your requested delivery date or because of an
error in the price on our site as referred to in clause 10.5, we will inform you of this by
e-mail and we will not process your order. If you have already paid for the Products, we will
refund you the full amount including any delivery costs charged as soon as possible.
6. OUR RIGHT TO VARY THESE
6.1 We amend these Terms from time to time. Please
look at the top of this page to see when these Terms were last updated and which Terms were
6.2 Every time you order Products from us, the Terms
in force at the time of your order will apply to the Contract between you and us.
6.3 We may revise these Terms as they apply to your
order from time to time to reflect changes in relevant laws and regulatory
6.4 If we have to revise these Terms as they apply to
your order, we will contact you to give you reasonable advance notice of the changes and let
you know how to cancel the Contract if you are not happy with the changes. You may cancel
either in respect of all the affected Products or just the Products you have yet to receive.
If you opt to cancel, you will have to return (at our cost) any relevant Products you have
already received and we will arrange a full refund of the price you have paid, including any
7. YOUR CONSUMER RIGHT OF
RETURN AND REFUND
7.1 As a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 7.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
7.2 However, this cancellation right does not apply
in the case of bespoke, made to order, inscribed or customised Products.
legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date
on which we e-mail you to confirm our acceptance of your order), which is when the Contract
between us is formed. Your deadline for cancelling the Contract then depends on what you have
ordered and how it is delivered, as set out in the table below:
End of the cancellation period
Your Contract is for a single Product (which is not
delivered in instalments on separate days).
The end date is the end of 14 days after the day on
which you receive the Product.
Example: if we provide you with a Dispatch
Confirmation on 1 January and you receive the Product on 10 January you may cancel at
time between 1 January and the end of the day on 24 January.
Your Contract is for either of the following:
• one Product
which is delivered in instalments on separate days.
Products which are delivered on separate days.
The end date is 14 days after the day on which you
receive the last instalment of the Product or the last of the separate Products
Example: if we provide you with a Dispatch
Confirmation on 1 January and you receive the first instalment of your Product or the
of your separate Products on 10 January and the last instalment or last separate
15 January you may cancel in respect of all instalments and any or all of the
Products at any time between 1 January and the end of the day on 29 January.
Your Contract is for the regular delivery of a
Product over a set period.
The end date is 14 days after the day on which you
receive the first delivery of the Products.
Example: if we provide you with a Dispatch
Confirmation on 1 January in respect of Products to be delivered at regular intervals
year and you receive the first delivery of your Product on 10 January, you may cancel
time between 1 January and the end of the day on 24 January. 24 January is the last
the cancellation period in respect of all Products to arrive during the
7.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is email us at email@example.com requesting cancellation of your order and providing full contact details so that we can make arrangements. . We will e-mail you to confirm we have received your cancellation
You can also e-mail us at firstname.lastname@example.org or by post to Bags of Plenty, Kineton, Cheltenham, GL54 5UG, United Kingdom. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
7.5 Before you return the Product(s) to us we
ask that you:
package the Product(s) in their original boxes; and
the package securely to avoid any damage to the Product(s).
Select an appropriate carrier to ensure safe return
In accordance with clause 7.6 below, we
shall reduce your refund to reflect any reduction in the value of goods caused as a result of
you failing to package or return the Product(s) in a suitable manner. You should consider
taking appropriate insurance to cover potential damage in the case of the return of
you cancel your Contract we will:
refund you the price you paid for the Products. However,
please note we are permitted by law to reduce your refund to reflect any reduction in the
value of the goods, if this has been caused by your handling them in a way which would not be
permitted in a shop or by you making inadequate packaging or returned shipping arrangements
in order to protect the goods in transit. If we refund you the price paid before we are able
to inspect the goods and later discover you have handled them in an unacceptable way, you
must pay us an appropriate amount.
refund any delivery costs you have paid, although, as
permitted by law, the maximum refund will be the costs of delivery by the least expensive
delivery method we offer (provided that this is a common and generally acceptable method).
For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to
have the Product delivered within 24 hours at a higher cost, then we will only refund what
you would have paid for the cheaper delivery option.
any refunds due to you as soon as possible and in any event within the deadlines indicated
you have received the Product and we have not offered to collect it from you: 14 days after
the day on which we receive the Product back from you or, if earlier, the day on which you
provide us with evidence that you have sent the Product back to us. For information
about how to return a Product to us, see clause 7.9;
you have not received the Product or you have received it and we have offered to collect it
from you: 14 days after you inform us of your decision to cancel the Contract.
you have returned the Products to us under this clause 7 because they are faulty or mis-
described, we will refund the price of the Products in full, together with any applicable
delivery charges, and any reasonable costs you incur in returning the item to us.
will refund you on the credit card or debit card used by you to pay. If you used vouchers to
pay for the Product we may refund you in vouchers.
7.9 If a
Product has been delivered to you before you decide to cancel your Contract:
you must return it to us without undue delay and in any event not later than 14 days after
the day on which you let us know that you wish to cancel the Contract. You can either send it
back to Bags of Plenty, Kineton, Cheltenham, GL54 5UG, United Kingdom or of we have
offered to collect the Product from you, we will collect the Products from the address to
which they were delivered. We will contact you to arrange a suitable time for
unless the Product is faulty or not as described (in this
case, see clause 7.7), you will be responsible for the cost of returning the Products to us,
and should note the requirements of 7.5. If we have offered to collect the Product from you,
we will charge you the direct cost to us of collection. As your request we can advise charges
for collection but note they will depend on product size and type.
7.10 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
are responsible for the goods
will contact you with an estimated delivery date, which will be within 30 days after the date
of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of
your order)]. Occasionally our delivery to you may be affected by an Event Outside Our
Control. See clause 14 for our responsibilities when this happens.
8.2 If no
one is available at your address to take delivery, we will leave you a note that the Products
have been returned to our premises, in which case, please contact us to rearrange
8.3 Delivery of an Order shall be completed
when we deliver the Products to the address you gave us and the Products will be your
responsibility from that time.
own the Products once we have received payment in full, including all applicable delivery
8.5 If we
miss the 30 day delivery deadline for any Products then you may cancel your Order straight
away if any of the following apply:
have refused to deliver the Products;
delivery within the delivery deadline was essential
(taking into account all the relevant circumstances); or
told us before we accepted your order that delivery within the delivery deadline was
you do not wish to cancel your order straight away, or do not have the right to do so under
clause 8.5, you can give us a new deadline for delivery, which must be reasonable, and you
can cancel your Order if we do not meet the new deadline.
you do choose to cancel your Order for late delivery under clause 8.6 or clause 8.7, you can
do so for just some of the Products or all of them, unless splitting them up would
significantly reduce their value. If the Products have been delivered to you, you will have
to return them to us or allow us to collect them, and we will pay the costs of this. After
you cancel your Order we will refund any sums you have paid to us for the cancelled Products
and their delivery.
9.1 We deliver internationally. For details of the countries we will deliver to, please contact us at email@example.com (International Delivery Destinations). Please note that we will not deliver to PO Box addresses.
you order Products from our site for delivery to one of the International Delivery
Destinations, your order may be subject to import duties and taxes which are applied when the
delivery reaches that destination. Please note that we have no control over these
charges and we cannot predict their amount.
will be responsible for payment of any such import duties and taxes. Please contact your
local customs office for further information before placing your order.
must comply with all applicable laws and regulations of the country for which the Products
are destined. We will not be liable or responsible if you break any such law.
10. PRICE OF PRODUCTS AND
prices of the Products will be as quoted on our site at the time you submit your order. We
take all reasonable care to ensure that the prices of Products are correct at the time when
the relevant information was entered onto the system. However please see clause 10.5 for what
happens if we discover an error in the price of Product(s) you ordered.
10.2 Prices for our Products may change from
time to time, but changes will not affect any order you have already placed.
price of a Product includes VAT (where applicable) at the applicable current rate chargeable
in the UK for the time being. However, if the rate of VAT changes between the date of your
order and the date of delivery, we will adjust the VAT you pay, unless you have already paid
for the Products in full before the change in VAT takes effect.
price of a Product does not include delivery charges. Our delivery charges are as advised to
you during the check-out process, before you confirm your order.
site contains a large number of Products. It is always possible that, despite our reasonable
efforts, some of the Products on our site may be incorrectly priced. If we discover an error
in the price of the Products you have ordered we will contact you to inform you of this error
and we will give you the option of continuing to purchase the Product at the correct price or
cancelling your order. We will not process your order until we have your instructions. If we
are unable to contact you using the contact details you provided during the order process, we
will treat the order as cancelled and notify you in writing. Please note that if the pricing
error is obvious and unmistakeable and could have reasonably been recognised by you as a
mispricing, we do not have to provide the Products to you at the incorrect (lower)
11. HOW TO PAY
can only pay for Products using a debit card or credit card. We accept the following cards:
Visa, Mastercard, Delta and Maestro.
also accept payments which are processed through our merchants, Sagepay and PayPal. For more
information about how your payment will be processed and their security standards, please
refer to www.sagepay.com or to www.paypal.com.
11.3 Payment for the Products and all
applicable delivery charges is in advance. We will not charge your debit card or credit card
until we dispatch your order.
12. OUR WARRANTY FOR THE
provide a warranty that on delivery and for a period of 12 months from delivery, the Products
shall be free from material defects. However, this warranty does not apply in the
circumstances described in clause 12.2.
warranty in clause 12.1 does not apply to any defect in the Products arising from:
wilful damage, abnormal storage or conditions, misuse,
accident, negligence by you or by any third party;
you fail to use the Products in accordance with instructions;
alteration or repair by you or by a third party; or
specification provided by you.
12.3 This warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
12.4 If you receive any Products from us which can be shown to have had any defect of materials or workmanship at the time we dispatched the Products to you, you should notify us in writing by email at firstname.lastname@example.org or by post to Bags of Plenty, Kineton, Cheltenham, GL54 5UG, United Kingdom.
the Products are found to be defective, we will replace the Products free of charge or offer
you a refund for the affected Products. We will also reimburse the cost of delivery to you
and cost incurred by you in returning the Products to us. If the Products are found not to be
defective, you shall be responsible for the cost of returning the Products.
we fail to comply with these Terms, we are responsible for loss or damage you suffer that is
a foreseeable result of our breach of these Terms or our negligence, but we are not
responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if
it is an obvious consequence of our breach or if it was contemplated by you and us at the
time we entered into this contract.
only supply the Products for domestic and private use. You agree not to use the product for
any commercial, business or resale purposes, and we have no liability to you for any loss of
profit, loss of business, business interruption, or loss of business opportunity.
do not in any way exclude or limit our liability for:
or personal injury caused by our negligence;
or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet
breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description,
satisfactory quality, fitness for purpose and samples); and
defective products under the Consumer Protection Act 1987.
14. EVENTS OUTSIDE OUR
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 an Event Outside Our Control. An Event
Outside Our Control is defined below in clause 14.2.
Event Outside Our Control means any act or event beyond our reasonable control, including
without limitation strikes, lock-outs or other industrial action by third parties, civil
commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether
declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake,
subsidence, epidemic or other natural disaster, or failure of public or private
an Event Outside Our Control takes place that affects the performance of our obligations
under a Contract:
will contact you as soon as reasonably possible to notify you; and
obligations under a Contract will be suspended and the time for performance of our
obligations will be extended for the duration of the Event Outside Our Control. Where the
Event Outside Our Control affects our delivery of Products to you, we will arrange a new
delivery date with you after the Event Outside Our Control is over.
may cancel a Contract affected by an Event Outside Our Control which has continued for more
than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at
our cost) any relevant Products you have already received and we will refund the price you
have paid, including any delivery charges.
15. COMMUNICATIONS BETWEEN
15.1 When we refer, in these Terms, to "in writing", this will include e-mail.
may contact us as described in clause 1.2.
16. OTHER IMPORTANT
may transfer our rights and obligations under a Contract to another organisation, but this
will not affect your rights or our obligations under these Terms.
may only transfer your rights or your obligations under these Terms to another person if we
agree in writing. However if you have purchased a Product as a gift, you may transfer the
benefit of our warranty in clause 12 to the recipient of the gift without needing to ask our
Contract is between you and us. No other person shall have any rights to enforce any of its
terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However,
the recipient of your gift of a Product will have the benefit of our warranty at clause 12,
but we and you will not need their consent to cancel or make any changes to these
of the paragraphs of these Terms operates separately. If any court or relevant authority
decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain
in full force and effect.
we fail to insist that you perform any of your obligations under these Terms, or if we do not
enforce our rights against you, or if we delay in doing so, that will not mean that we have
waived our rights against you and will not mean that you do not have to comply with those
obligations. If we do waive a default by you, we will only do so in writing, and that will
not mean that we will automatically waive any later default by you.
16.6 Please note that these Terms are governed
by English law. This means a Contract for the purchase of Products through our site and any
dispute or claim arising out of or in connection with it will be governed by English law. You
and we both agree to that the courts of England and Wales will have non-exclusive
jurisdiction. However, if you are a resident of Northern Ireland you may also bring
proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring
proceedings in Scotland.