Terms and Conditions for Use and Purchase of Goods
These Terms and Conditions apply to the use of our website and to purchases of goods from Bell Container Trading Ltd (‘Bell’), through our online shop at www.bbqtower.co.uk
, by telephone and to orders of barbecues from Bell (trading as BBQ TOWER).
Any reference to ‘our, us, or we’ means Bell ‘you, your or yourself’ means the user of the site and ‘site or website’ means a website operated by Bell.
Last updated 11 February 2012
1. Our website
1.2 Whilst Bell has made every possible effort to provide an accurate image and shade for goods displayed on our site, brightness, pixation, and colours vary between computer screens. Individual user configurations may also slightly misrepresent the colour displayed on-screen. Bell does not warrant that images, product descriptions, specifications or other content of this site is accurate, complete, reliable, current, or error-free.
1.3Please note that any details and/or product specifications of goods or other content displayed on our website, including but not limited to any photographs, are intended as a guide only and in some cases may be for illustration purposes only and do not represent intended use for our goods.
1.4 Bell makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of information provided on our website, this includes but is not limited to images and /or graphic illustrations displayed on our website. The information contained in our website may contain technical inaccuracies or typographical errors which we will aim to rectify once we aware of them. All liability of Bell howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
2. Customer Information
2.1 You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.
2.2 You are responsible for maintaining your own username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
2.3 As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.
2.4 We will not accept orders placed by anyone under the age of 18. By accepting these Terms and Conditions you confirm that you are aged 18 years or above.
4. Product Pricing and Title
4.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at anytime up to the shipment of that order and any related items.
4.2 We reserve the right to alter all product pricing without notice.
4.3 Title in any goods ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.
5. Your Order
5.1 When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order.
5.2 Your offer is only accepted by us once we have emailed you to confirm the dispatch of your order.
5.3 Product items not included within the dispatch email are not included in the order and contract between you and us.
5.4 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
5.5 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
6. Shipping and Customs Duty
6.1 All orders received by us are shipped subject to availability. Dates and times for delivery are estimated only and are not guaranteed. You shall not be able to reject goods nor rescind your contract with Bell for late delivery unless the delivery due date has passed and you have provided us with a written notice requiring contract performance, giving us not less than 14 days in which to do so and there has been compliance with this notice.
6.2 We reserve the right to ship goods at a later date (up to 28 days after purchase) where the product ordered is not in stock at the time of purchase. In this situation you will be contacted and offered a full refund instead of delivery of the product.
6.3 We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control. If such disruption occurs you will be offered delivery via an alternative delivery or fulfilment company or a full refund.
6.4Delivery can only be made to UK mainland and Northern Ireland addresses. Delivery to addresses outside the UK can be arranged but in order to facilitate such delivery you must contact us prior to placing your order for prices, availability and further information.
6.5 If you are ordering a product from outside the UK the recipient of the product is responsible for all customs duties or tariffs incurred in the country to which the goods are shipped. Furthermore your order may be subject to delay or be opened and searched by local customs authorities when entering the destination country. Please note we are unable to provide specific advice on customs duties or tariffs.
7. Cancellation Rights, Returns and Refunds
7.1 Under the Consumer Protection (Distance Selling) Regulations 2000 you have a right to cancel your purchase. However, to exercise this right you must notify us in writing, (email or letter) within 7 working days from the day after you receive your goods.
7.2 As stated above notification of cancellation must be in writing, a telephone call is not a valid cancellation.
7.3 No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once you have opened and used your product, unless the product is defective as per 7.4.1 below and you are returning it for this reason.
7.4.1 If you are returning your product because of a manufacturing defect or fault, please send us photographic evidence of the defect stating the defect or defects, this can be done electronically via email to: firstname.lastname@example.org or by post to our address below. Once our agents have inspected the evidence we will inform you of whether or not we consider the product or part as defective. We will not accept returns for 1) scratches, blemishes, surface scuff marks that have been incurred during transit or otherwise, 2) for items that we do not reasonably consider as defective 3) product issues arising from your neglect, misuse or issues including but not limited to warping of metallic materials, discolouration, scratches or surface rust deriving from general product use.
7.4.2 Once we have established the manufacturing defect we will aim to have our agents repair such faults within a reasonable time period; if the fault is non repairable we will replace the product however we cannot guarantee the time in which such repair or replacement will take place. We will use our best endeavours to ensure prompt repair / replacement of your product.
7.4.3 Whilst every effort has been made to ensure the longevity of our goods (including all parts), given their nature and use, some product issues, including but not limited to discolouration, scratches, surface rust and warping of metallic materials will be normal and Bell will be unable to replace such items free of charge and cannot guarantee the time in which such items can be replaced. It is your responsibility to ensure safe and reasonable use of the goods purchased, in accordance with the guidelines provided to you in the box by Bell.
7.5 Subject to 7.4, once we confirm the return of a product please observe the following procedure for all returns to us:
7.5.1 On the back of your delivery note or on another piece of paper, (if you no longer have your delivery note), include your order number and the reason for the return with any correspondence you have received from us in connection with this return.
7.5.2 Repackage the product in its original packaging, including any accessories, brochures and manuals that came with the product. Unfortunately we will be unable to issue a refund where the product is in an incomplete state.
7.6 If the original packaging surrounding the product has been damaged or destroyed we will only issue a refund if the product is being returned due to a defect. If the original packaging of a defective product has been damaged or destroyed you should ensure that the returned product is adequately packed for shipment back to us.
7.7 You are responsible for paying any postage or shipping costs incurred when returning the product.
7.8 We recommend that all returns be sent by registered post or a reputable courier company so that a record of the return is available for you.
7.9 We will not issue refunds for any items lost or stolen in transit to us.
7.10 Where a return is lost or stolen in transit to us, you should claim compensation from the company that shipped the return.
7.11 If you fail to return a product to us, we may make arrangements to have the product collected from you. The cost of this collection will be passed on to you.
7.12 Unused goods may be returned promptly by customers to the address listed below:
Bell Container Trading Ltd
2 Devonshire Business Centre
Cranborne Road Potters Bar
UK EN6 3JR
7.13 Subject to the above, we will refund the purchase price of a returned product within thirty days of receiving written notification of your intention to return under 7.1 and election of a product refund.
7.14 We will also refund the cost of a reasonable standard courier charge incurred in returning a product, if incorrectly sent by us or where the product has been returned due to a manufacturing defect. Please note that we will not refund any overnight or express element of any delivery or postage charge. We recommend that you keep all postal receipts for this purpose.
7.15 We cannot accept returns for goods bought from third parties. If you bought your goods from a third party please follow their returns procedure.
7.16 For B2B sales (not ordered online), we draw your attention to condition 18.2 below.
8. Customer Complaints
We endeavour to respond to all customer complaints or queries within seven working days.
9. Events outside our control
Bell shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.
10.1 Bell grants you a licence to access the content, information and services contained within our website for personal use only.
10.2 This licence allows you to download and cache (using your browser) individual pages from our website.
10.3 This licence does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.
10.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
10.5 Our website cannot be placed within the frame-set of another site.
10.6 Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
10.7 The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.
11.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are the copyright of Bell, unless expressly acknowledged as otherwise.
11.2 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.
12.1 Bell will be liable for any losses incurred by you due to breaches of these Terms & Conditions by us, where such losses were reasonably foreseeable at the time the contract between you and us was made.
12.2 All business, indirect or consequential losses not reasonably foreseeable at the time of the contract between you and us are excluded.
12.3 Bell does not exclude or limit liability for death or personal injury caused by the negligence or breach of duty by us, our employees or officers. To find out more about your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
12.4 Bell will not be liable, to the fullest extent permitted by law, for any loss, personal injury or damage, consequential or otherwise arising from the use or in connection with the use of the purchased goods. You shall ensure the goods purchased are used in a responsible and safe manner in accordance with the safety guide provided and that an adequate policy of insurance is maintained to cover any risks associated with the use of the goods purchased.
12.5 Other than as set out in 12.3 our maximum liability arising out of any order for goods supplied to you under this contract will be limited to the retail price of the goods contained in that order.
The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Failure by Bell to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
15. Entire Terms & Conditions
These Terms & Conditions set out the entire agreement and understanding between you and Bell. We reserve the right to change these Terms & Conditions at any time, without giving notice to you.
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
Your statutory rights are unaffected.
17. Special Offers
From time to time we will offer special offers to selected groups of people or online promotions via our website or other online media. We reserve the right to cancel these offers and promotions at any time without prior notice. If goods have been ordered on the basis of an offer or special promotion, we will use our discretion whether to uphold such an offer or promotion made dependent upon the circumstance of the order placed with us. Such offers or promotions are available to retail customers only and not members of the trade and are usually time limited.
18. International Orders (business to business)
Please be aware that in addition to our standard terms and conditions of sale your order is made with us on the following additional terms:
18.1 All instructions and manuals are in English. We cannot be held liable for any damage or loss (consequential or otherwise) as a result of not providing translated versions of these documents and hereby exclude all such liability to the fullest extend permitted under law. Should you deem it necessary to arrange for the translation of the aforementioned documents you are liable to do this at your own expense. You agree to indemnify us for all costs and expenses as a result of any claims made against us arising out of or in connection with the supply of barbecues to you.
18.2 Once the product has been opened, we cannot accept any returns (unless units are damaged or faulty) and, in any case, we will not accept any direct customer returns from customers to whom you sell to. Our total maximum aggregate liability for any damaged and faulty goods, refunded on a unit by unit basis (at the per unit cost to you) and subject to prior receipt by us from you of photographic evidence so that we can determine, in our sole discretion, whether the unit is damaged and faulty, will be the total value of your contract with us for the sale of barbecues.
18.3 We will not accept returns for 1) scratches, blemishes, surface scuff marks that have been incurred during transit or otherwise, 2) for items that we do not reasonably consider as defective 3) product issues arising from your neglect, misuse or issues including but not limited to warping of metallic materials, discolouration, scratches or surface rust deriving from general product use
18.4 Whilst every effort has been made to ensure the longevity of our goods (including all parts), given their nature and use, some product issues, including but not limited to discolouration, scratches, surface rust and warping of metallic materials will be normal and Bell will be unable to replace such items free of charge and cannot guarantee the time in which such items can be replaced. It is your responsibility to ensure safe and reasonable use of the goods purchased, in accordance with the guidelines provided to you in the box by Bell.
18.5 You assume responsibility for the goods upon collection from our warehouse or our agent’s warehouse. We cannot accept any liability for any damage caused to the goods during transit to your premises.
19. Our Details
Bell Container Trading Ltd
2 Devonshire Business Centre
Cranborne Road Potters Bar
UK EN6 3JR
Telephone: +44 (0)1707 648 407
Fax: +44 (0)1707 642 300
Company Registration Number: 1766328
VAT Registration Number: GB 649 87 57 64