Terms & Conditions
These terms and conditions of sale tell you information about us and the legal terms and conditions on which we sell the products listed on our website www.bsensible.co.uk. Please read these terms and conditions carefully before ordering any products from this site. These terms will apply to any contract between us for the sale of products to you. You should print a copy of these terms and conditions or save them to your computer for future reference.
By ticking the box on this site prior to placing your order with us which says "I Accept BSensible’ Terms and Conditions of Sale" you are agreeing to be bound by these terms. If you do not accept these terms and conditions, you will not be able to order any products from us.
We may amend these terms from time to time in accordance with clause 15 .Every time you wish to order products, please check these terms to ensure that you understand the terms that will apply at that time.
If you have any questions about these terms or need advice as to your legal rights, advice is available from your local Citizens’ Advice Bureau or Trading Standards Office.
1. PRODUCT IMAGES
The images of products shown on the this 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 actual colours of our products. The product you receive may vary slightly in colour from the image on your screen.
2. YOUR STATUS
2.1.You may only place an order through this site if:
2.1.1.you are legally capable of entering into binding contracts;
2.1.2.you are at least 18 years old; and
2.1.3.you are a consumer (this means that you are an individual purchasing the products outside the course of your business or trade).
2.2.You confirm and agree that all products you order are for your own private and domestic use and are not for resale.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1.Our 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 ensure that you have checked your order at each page of the order process. Please note, once you have placed an order with us, we are unable to amend it.
3.2.After placing an order, you will receive an email from us (sent to the email address that you have provided when placing your order) acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in 3.3.
3.3.All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched (the “Dispatch Confirmation”). The contract between us (the “Contract”) will only be formed when we send you the Dispatch Confirmation
3.4.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.
3.5.If we are unable to supply you with a product you have ordered, for example, if the product is out of stock or because of an error in the price on our website or inability to authorise your payment, we will inform you of this by email or telephone, we will not process your order and we will refund you the full amount as soon as possible.
4. CANCELLATION RIGHTS
4.1.As a consumer, you have a legal right to cancel a Contract with us under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Your right to cancel a Contract begins on the date you place your order and ends 14 calendar days from the day after you receive the product you have ordered.
4.2.To cancel a Contract, please notify us in writing during the time period specified in clause 4.1. Please send us an email to firstname.lastname@example.org. Please include details of your order to help us identify it. We will send you an email to confirm we have received your notification of cancellation.
4.3. If you cancel your Contract in accordance with clause 4.2, you will receive a full refund of the price paid for the product and original delivery charges but you will not receive a refund of the cost of returning the product to us.
4.4. If we have already dispatched the product before you decide to cancel your Contract, you must return it to us as soon as possible and, in any event, within 14 calendar days of cancellation. You can return it to Lemonpath Limited Unit 1B, Wanlip Road, Syston, Leicester LE71PD, United Kingdom. If you return a product by post, you will need to pay the costs of returning the product to us and obtain proof of posting. Please enclose the delivery note provided in your original parcel and complete the relevant sections for a refund.
4.5. We will process your refund as soon as possible. If we have dispatched the product before you cancel the Contract, we will process your refund within 14 calendar days after the day on which we receive the product back. If we have not yet dispatched the product before you cancel the Contract, we will process your refund within 14 calendar days of your cancellation.
4.6. If you only cancel the Contract in respect of some but not all of the products in an order, you will not be entitled to a refund of the delivery charge as our delivery charges are charged at a flat rate per order and not by weight.
4.7. Products must be returned in their original condition. We may reduce any refund due to you to reflect any reduction in the value of the product due to how you have handled it.
5. GOODWILL RETURNS, EXCHANGES AND REFUNDS
5.1.In addition to your right to cancel a Contract as set out in clause 4 above, we also offer a goodwill returns policy as set out in this clause 5.
5.2. If you are not completely happy with any product that you have ordered from us, you may return it to us in its original condition any time within 28 calendar days from the date of dispatch (or 14 days from the date of dispatch for sale items).
5.3. You can return a product by post to Lemonpath Limited Unit 1B, Wanlip Road, Syston, Leicester LE71PD, United Kingdom.
Please enclose the delivery note provided in your original parcel and complete the relevant sections for refunds/exchanges.
5.4. Please note that we cannot be held responsible for any items which fail to reach us or for delays in your exchange/return reaching our warehouse.
5.5. If you return a product under our goodwill returns policy, you will receive a full refund of the price paid for the product, but you will not receive a refund of the original delivery charges or the cost of returning the product to us.
5.6. We will endeavour to process your refund and/or exchange with 14 calendar days of receiving the product back.
5.7. If you have purchased products as part of an offer or discount, the amount refunded will be adjusted accordingly to reflect any failure to meet the original requirements for the offer or discount as a result of returning the product.
5.8. Products must be returned in their original condition. We may reduce any refund due to you to reflect any reduction in the value of the product due to how you have handled it.
6. DEFECTIVE PRODUCTS
6.1.Nothing in these terms and conditions affects your legal rights in respect of products which are defective or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
6.2.If you think that a product is defective or mis-described, please contact our Customer Service Team by using our Contact Details. One of our Customer Service Team will be able to advise you on how to return your goods.
6.3. All returns for potentially defective products will be examined once they have been received by us and we will notify you if you are entitled to a refund via email within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 30 calendar days of the day we notified you via email that you were entitled to a refund for these products. If it is the case that we notified you that you are entitled to a refund, you will receive a full refund of the price paid for the product, the original delivery charges and the cost of returning the product to us.
7.1.For the avoidance of doubt, exchanges are treated as a refund of the old product and a new purchase for the new product, so please be aware that you will see both of these transactions on your account.
8.1.Delivery will take place within 30 calendar days of the date of Dispatch Confirmation or such other time period as is agreed between us. We will give you an estimated delivery date when we send your Dispatch Confirmation. We will endeavour to fulfil your order by this estimated delivery date but we cannot guarantee this.
8.2.If we do not deliver your product within these 30 calendar days or within the other time period agreed between us, you may cancel your order by contacting us using our Contact Details.
8.3. If you provide to us any instructions relating to the delivery of your order (including, without limitation, instructions to leave the products in a particular place, outhouse or with a neighbour), you are responsible for ensuring the accuracy of these instructions and we shall not be liable to you in relation to any loss of or damage to the product resulting from our following of your instructions.
8.4. Delivery will be complete when we deliver the product to the address you gave us or in accordance with your other instructions.
8.5. You will own the product once we have received payment in full, including all applicable delivery charges.
9.1.We warrant to you that any product purchased from us will be, for a period of 6 months from the date of delivery, of satisfactory quality, free from material defects and reasonably fit for all the purposes for which products of the kind are commonly supplied.
9.2.We will not be liable for any defect in the product arising from fair use, failure by you to follow specific care instructions, willful damage, abnormal storage, accident, negligence by you or any third party or any alteration or repair made by you or a third party.
9.3. Our liability for losses you suffer as a result of us breaking these terms is limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking these terms. Losses are foreseeable if they are an obvious consequence of our breach or they were contemplated by you and us at the time the Contract was formed.
9.4. We do not exclude 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 breach of the terms implied by sections 12 to 15 of the Sale of Goods Act 1979; (d) for fraud or fraudulent misrepresentation; or (e) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.5. We only supply products for domestic and private use and you agree not to use any products for commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
10. PRICE AND PAYMENT
10.1.The prices of the products will be as quoted on this site at the time you place your order. However, please see clause 10.4 for what happens if we discover an error in the price of any product you order.
10.2.These prices include (where applicable) VAT at the prevailing rate but exclude delivery costs, which will be added to the total amount due.
10.3. We may change our prices at any time but changes will not affect any order in respect of which we have already sent you a Dispatch Confirmation.
10.4. This site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed may be incorrectly priced. We will normally check 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's correct price is higher than the price stated on our site or in our catalogue, we will contact you to inform you of the error and give you the option of either continuing your purchase of the product at the correct price or cancelling your order. If we are unable to contact you using the details you provided during the order process, we will treat your order as having been cancelled and notify you in writing.
10.5. We are under no obligation to provide any product to you at an incorrect (lower) price if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
10.6. Payment for all products must be by credit card, debit card, e-voucher or using PayPal. We accept Visa, Mastercard, American Express and Maestro.
10.7. Online payments will be made within a secure environment. We use the latest encryption technology (SSL) to ensure that your transactions with us are private and protected. When you proceed to make your purchase, your browser makes a connection to the secure section of our website. Your browser will show a padlock in the browser window frame and the website address will begin with “https://” to indicate that it has made a secure connection. Our payment system also complies with the Payment Card Industry Data Security Standard. We may provide details of your IP address, device attributes and payment method to third party fraud prevention companies to detect and prevent fraud and suspicious account activity. Your bank may request that you are screened using 3D Secure (“MasterCard SecureCode” or “Verified by Visa”) or by an independent fraud prevention service. We may contact you for additional security purposes should we deem this necessary.
10.8. We require payment for products and any delivery charges in advance of delivery. Upon receiving your order we carry out a standard pre-authorisation check on your payment method (card or PayPal) to ensure there are sufficient funds to fulfil the transaction. We will take payment from your debit or credit card or your PayPal account when we dispatch your order.
11. PERSONAL INFORMATION
Where you have provided us with personal information, we will use this information to process your order and supply products to you.
12. CHANGES TO THESE TERMS AND CONDITIONS
12.1.We may amend these terms and conditions from time to time to reflect changes in relevant laws and regulatory requirements, market conditions, technology, payment methods or our system’s capabilities. The date at the top of this page will be amended each time these terms are updated.
12.2.Every time you order products from us, the terms in force at the time of your order will apply to the Contract between us. If we amend these terms after you have placed an order but before we have sent you a Dispatch Confirmation, we will notify you of the amendment to the terms and will assume that you have accepted the amended terms unless you notify us in writing within 7 calendar days.
13. LAW AND JURISDICTION
These terms and any claim or dispute arising in relation to a Contract will be governed by Spanish law.