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terms + conditions
1. TERMS OF WEBSITE USE
This website is owned and operated by BAW London Ltd (“BAW London Ltd”, “BAW”, “BAW London”, “a black and white story’, “ablackandwhitestory.com”, “we”, “us” or “our”, “the company”, “the website owners”). “BAW”, “BAW London”, and “ablackandwhitestory.com” are trading names of BAW London Ltd. BAW London Ltd is a company registered in England and Wales (Company number: 08602572, VAT registration number: 182979648) with the registered address: 105 Doulton House, 11 Park Street, London SW6 2FT, UK.
1.1.4 BAW reserves the right to change these Terms of Website Use from time to time. Any such changes will take effect when posted on the Website and it is your responsibility to read the terms and conditions on each occasion you use this Website and your continued use of the Website shall signify your acceptance to be bound by the latest Terms of Website Use.
1.2. ACCESSING OUR WEBSITE
1.2.1 Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice. We will not be liable if, for any reason, our Website is unavailable at any time for any period. 1.2.2 BAW may from time to time make available services on the Website, which require registration and are only available to users who have registered with us. Any personal information that you provide on this Website must be up to date, complete and accurate. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
1.2.3 Subsequent access to such services shall require input of appropriate account and password details ("Login Details"). You are responsible for maintaining the confidentiality of your Login Details and you must not disclose them to any third party. You are liable for any activities that occur under your account. BAW shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your Login Details.
1.2.4 In the event that you have any concerns regarding your Login Details or become aware of any misuse then you should inform us immediately by contacting our customer services team by email at email@example.com. If, in our opinion, you have failed to comply with any of the provisions of these Terms of Website Use, or for any other reason, we may deactivate your account at any time, which will mean that your Login Details will no longer provide access to your account. BAW will let you know if it does this using the contact details you provided.
1.2.5 If you wish to subscribe to our newsletter, we ask for contact information such as name and personal email address. You warrant on registration that the personal information which you are required to provide is true, accurate, current and complete in all respects. If any of your details change you will notify us at your earliest convenience either through updating the new details in 'my account' or by contacting the Customer Service team by email at firstname.lastname@example.org.
1.2.6 You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Website Use, and that they comply with them.
1.2.7 You may only use our Website for lawful purposes and you agree:
1.2.7(a) You will not use our Website in any way that breaches any applicable local, national or international law or regulation;
1.2.7(b) You will not use our Website in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
1.2.7(c) You will not use our Website to knowingly introduce or transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, or other harmful material or similar computer code designed to adversely affect the operation of any computer software or hardware;
1.2.7(d) You will not access without authority, interfere with, damage or disrupt any part of our Website, any equipment or network on which our Website is stored, any software used in the provision of our Website, or any equipment or network or software owned or used by any third party.
1.2.8 By breaching condition 1.2.7 above, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
1.2.9 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
1.3. WARRANTIES AND LIABILITY
1.3.1 The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
1.3.1.(a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
184.108.40.206 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
220.127.116.11(a) Loss of income or revenue;
18.104.22.168(b) Loss of business;
22.214.171.124(c) Loss of profits or contracts;
126.96.36.199(d) Loss of anticipated savings;
188.8.131.52(e) Loss of data;
184.108.40.206(f) Loss of goodwill; and
220.127.116.11(g) For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
1.3.3 The information contained in the material in this Website is only for information purposes. BAW, by permitting the use of this Website, does not hold itself out as providing any legal, financial or other advice. It also does not make any recommendation or endorsement as to any service or product or to any material submitted by third parties or linked to this Website. The material on this Website does not constitute advice and you should not rely on any material in this Website to make (or refrain from making) any decision or take (or refrain from taking) any action.
1.3.4 BAW will make every effort to keep the Website available but BAW cannot guarantee that the Website will always be available, reliable; free from technical inaccuracies and typographical errors or other types of error. Furthermore, we often review the content of the Website to keep it up to date, but we cannot guarantee that it will always be up to date. BAW do not make any other promises or warranties about the Website. If the need arises, we may suspend access to the Website, or close it indefinitely.
1.3.5(a) This Website contains material submitted and created by third parties. We have not been able to verify the accuracy of such material and so you should confirm its accuracy with the relevant third party. The material submitted to this website by third parties is not the responsibility of BAW and BAW will not be liable for any materials or opinions submitted by third parties. All of the opinions expressed through the editorial content on the BAW website represent the authors’ personal opinions and are not representative of the views of the company as a whole. BAW is not responsible for any comments left on the website by third parties. BAW reserves the right to remove any comments left by third parties which are unlawful, defamatory, racist or libelous, liable to incite hatred or violence, detrimental to any trademarks or copyrighted content, contains personal data.
1.3.5(b)BAW shall not be liable for any content which may be made available to the public by third parties and through external mediums including bulletin boards, blogs or public chat rooms. Such content is in no way endorsed, approved or reviewed by the company. BAW reserves the right to report or remove any content which is submitted externally to public areas without notice and at the discretion of the company.
1.3.6This Website also contains links to other websites and resources which are not under the control of and are not maintained by BAW. BAW have no control over such websites and resources. BAW provide these links for your convenience only but do not necessarily endorse the material on these websites. Your visiting of any external websites via links from this Website is entirely at your own risk. Where it is possible for you to transact through any linked website with a third party, such transactions shall be (and any rights and obligations shall arise) solely between you and the third party. Therefore, you should ensure that you carefully read the terms and conditions for the accessing and use of such websites and resources and, if you suffer losses as a result of accessing and/or using such third party websites and resources, you must claim against the third party and not us.
1.3.7 Unless otherwise specified, the materials on this Website are directed solely at those who access this website from the United Kingdom. BAW make no representation that any products or services referred to in the materials on this Website are appropriate for use, or available, in other locations. Those who choose to access this Website from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.
1.3.8 If either you or we are in breach of the arrangements under these Terms of Website Use, neither of us will be responsible for any losses that the other suffers as a result, except those losses which are a foreseeable consequence of the breach. Losses are foreseeable where they could be contemplated by both you and us at the time you place an order.
1.4. INTELLECTUAL PROPERTY
1.4.1 Unless otherwise specified, all intellectual property rights in our Website and in the material published on it are owned by or licensed to BAW. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
1.4.2 Unless otherwise specified, the authors of the literary and artistic works in the pages in this Website have asserted their moral right pursuant to Section 77 of the Copyright Designs and Patents Act 1988 to be identified as the author of those works. Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.
1.4.3 BAW, BAW LONDON, A BLACK AND WHITE STORY, ablackandwhitestory.com and other marks indicated on our Website are registered and unregistered trademarks of BAW. The Website's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of BAW. BAW's trademarks and trade dress may not be used in connection with any product or service that is not BAW's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits BAW. All other trademarks not owned by BAW that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BAW.
1.4.4 Except as stated in this condition 1.4.4, the contents of this Website may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, posted, re-posted or transmitted in any form or by any means without the prior express written permission of BAW. You may not distribute, display or copy any of the contents of the pages contained in this Website to third parties including, but not limited to, "caching" any material on this Website for access by third parties and "mirroring" any material on this Website. You may not sell or transfer any of the material submitted by BAW for your own commercial gain, including advertising, without the express written permission of the owners of this website. You may print off one copy of the contents of an individual page of this Website for the purpose of private and personal non-commercial use.
1.4.5 You must not modify the copies of any material you have printed off in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You may not sell or transfer any of the printed material taken from BAW for your own commercial gain, including advertising, without the express written permission of the owners of this website.
1.5. JURISDICTION AND APPLICABLE LAW
1.5.1 These Terms of Website Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in all respects in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts, although we retain the right to bring proceedings against you for breach of these Terms of Website Use in your country of residence or any other relevant country.
1.5.2 Where national regulatory authorities have jurisdiction over the contents of this Website, BAW has attempted to ensure compliance with the requirements of such regulatory body. However, some of the information in the pages contained in this Website is not to be accessed from certain jurisdictions and no representation or warranty is made as to whether the information available in this Website complies with the regulatory regime of countries from which the pages in this Website should not be accessed.
1.6. COMPLAINTS AND CONCERNS
1.6.1 If you have any concerns about material on our Website, you should first email the Customer Service team at email@example.com. Alternatively you may wish to contact your local Citizens Advice Bureau or Trading Standards Bureau.
2. WEBSITE TERMS AND CONDITIONS OF SUPPLY
2.1.1 These terms and conditions of supply ("Supply Terms") set out the basis on which we supply any of the goods ("Goods") listed on www.ablackandwhitestory.com ("Website") to you. Please read these Supply Terms carefully before ordering any Goods from our Website as they contain important information. You should understand that, by ordering any of our Goods, you agree to be bound by these Supply Terms.
2.1.2 You should print and retain a copy of these Supply Terms for your records and for future reference.
2.1.3 In these Supply Terms, unless the context requires otherwise: "Contract" means each contract formed, in accordance with condition 2.2.1 below, for the supply of Goods by us to you, into which these Supply Terms shall be incorporated; "Card" means the credit or debit card which you use to make payment for the Goods.
2.1.4 BAW reserves the right to change these Supply Terms from time to time. Any such changes will take effect when posted on the Website and it is your responsibility to read the terms and conditions on each occasion you use this Website and your continued use of the Website shall signify your acceptance to be bound by the latest Supply Terms.
2.1.5 By placing an order through our Website, you represent and warrant that:
2.1.5(a) You are legally capable of entering into binding contracts;
2.1.5(b) You are at least 18 years of age;
2.1.6 All orders can be placed either online through the Website. When you place an order with us online you will be taken through a secure checkout process and up to the point at which you click on 'Confirm Order' on the final page of the checkout you are able to add/amend/delete any items that you have placed in your basket.
2.2. ACKNOWLEDGEMENT AND ACCEPTANCE OF YOUR ORDER
2.2.1 We will send you an ‘Order Confirmation’ email once you submit your order. Please note that this does not mean that your order has been accepted or that a contract has been formed; it is just confirmation that your order has been received. Your order constitutes an offer to us to buy Goods. Our acceptance of your Order and the completion of the contract between you and us will take place upon dispatch to you of the Goods ordered and we will confirm such acceptance to you by sending you an email on dispatch of your Goods (“ Shipping Confirmation Email”) and it is at this point that your Card will be debited. BAW is under no obligations and accepts no liability until the order has been accepted.
2.2.2 The Contract formed will only relate to those Goods whose dispatch we have confirmed in the Shipping Confirmation Email. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Email.
2.2.3 We aim to fulfill orders within the delivery period set out in the Order Confirmation Email or Shipping Confirmation Email, or if no delivery period is specified, then within a reasonable time of the date of the Order Confirmation Email or Shipping Confirmation Email, unless there are exceptional circumstances.
2.2.4(a) If you are a resident of an EU member state and you are contracting as a consumer, under the Consumer Protections (Distance Selling) Regulations 2000 (DSRs) you have the legal right to cancel your order within seven working days of receipt of the Goods. You will receive a full refund of the price paid for the Products in accordance with our refunds policy, set out in condition 2.6 below.
2.2.4(b) To cancel a Contract, you must inform us in writing and state clearly that you wish to cancel your order under the DSRs. You must also return the Goods to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Goods 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.
2.2.4(c) BAW will not be held liable for insurance of a cancelled purchase against loss or theft. We advise that you obtain insurance and proof of postage to cover such eventualities.
2.2.4(d) Our free returns service is not available under the DSRs.
2.2.5 Any offers for Goods at discounted prices, including those detailed on the Website, may be made available from time to time for you to order (subject to our acceptance) for a limited period of time.
2.2.6 We have taken reasonable care in the preparation of the content of this Website, and in particular to ensure that:
(i) Prices quoted are correct at time of publishing; and
(ii) The Goods have been fairly described.
However, please note that we may only accept orders if there are no material errors in the description of the Goods or their prices as advertised on this Website.
2.2.7 Non-acceptance of an order may be as a result of one of the following:
2.2.7(a) One or more of the Goods you ordered are unavailable. We will inform you as soon as possible if the Goods you have ordered are not available;
2.2.7(b) Our inability to obtain authorisation for your payment. We may contact you to check your Card details;
2.2.7(c) The identification of a pricing or product description error as referred to in condition 2.2.6 above; or
2.2.7(d)You not meeting the eligibility to order criteria as set out in condition 2.1.5 above.
2.2.8 BAW reserves the right to refuse to accept an order in any other reasonable circumstance; or to limit large quantities of any item being shipped to a single customer or postal address. BAW reserves the right to refuse acceptance of your offer at any time and at our sole discretion and we will not be liable for any instance in which we choose to withdraw your offer in such an event.
2.2.9 Where any of the Goods contained within an order are out of stock, we will contact you to explain the situation and confirm whether you would like to either cancel the whole order or whether you would like us to process a new order for Goods that we have in stock.
2.2.10 Ownership of the Goods you order on the Website shall pass to you on delivery provided that we have processed and received payment in full for such Goods. Risk of loss or damage to the Goods shall pass to you at the time the Goods are delivered.
2.2.11 Certain items that are listed as out of stock on our website may be available for pre-order.
2.3.1 The prices stated by us at the time we receive your order are non-negotiable except where we discover an obvious error in the price of the Goods you have ordered as referred to in condition 2.2.6 above. All prices on our website are displayed by default in Pound Sterling (GBP) however we do allow international customers to view approximate prices in various other currencies for guidance purposes only. Your card will be charged in Pound Sterling (GBP). If you have selected an alternative currency the prices quoted are for guidance purposes only. The exact amount you are charged will depend on the exchange rate and other charges applied by your card issuer. We are not liable for the guidance prices displayed in non Pound Sterling (GBP) currencies as these are provided by a third party agency.
2.3.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Shipping Confirmation Email. All product prices are set at the beginning of the season when the items become available on the website. These prices will be subject to change in the event of incremental change in the relevant currency exchange rate or when the items are reduced in price during sale periods.
2.3.3 Our Website contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price of an item is less than our stated price, we will charge the lower amount when dispatching the item to you. If an item’s correct price is higher than the price stated on our Website, we will inform you as soon as possible after receiving your order and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled.
2.3.4 We are under no obligation to provide Goods to you at the incorrect (lower) price, even after we have sent you a Shipping Confirmation Email, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
2.3.5 All GBP prices displayed on the Website are inclusive of VAT at the prevailing rate charged in the EU. All prices exclude delivery costs, which will be added to the total amount due. Exceptions will occur if you are making an offer to purchase from a country where VAT is not chargeable.
2.3.6 Prices that are reduced for sales and promotions are only valid for a limited time. We reserve the right to adjust prices, offers, goods and specifications of goods on the Website at our discretion at any time before (but not after) we accept your order.
2.3.7 A transaction where the customer is responsible for Delivery Duty Unpaid (DDU) will be additionally responsible for paying the relevant taxes and duties as defined by your local customs and import broker. We recommend you contact your local customs authority to set these costs before the transaction is completed.
2.4. METHOD OF PAYMENT
2.4.1 We will not deduct the price from your Card until payment has been authorised and the Goods are ready to be dispatched. We may delay dispatch until receipt of authorisation for payment to be taken from the Card provided. You can pay using your credit or debit card or via PayPal. We accept cards that are either VISA, MasterCard, Maestro, JCB, Diner’s or Discover. It is imperative that you provide the cardholder's name as it is shown on the Card, and address exactly as it appears on the Card statement.
2.4.2. All payments processed will be subject to the relevant credit or debit security checks and authorisation by the card issuer. If your card is not accepted at this stage, BAW will not be held responsible for non-delivery or late delivery of items.
2.4.3 When you offer to purchase item(s) from the Website and enter your payment details, you agree to confirm that the card belongs to you, and that you are fully authorised to use it. Card fraud is illegal and will lead to prosecution in all cases.
2.4.4 When you place an order with us, we use a Secure Socket Layer (SSL) technology, which encrypts your information before it is sent to us, to protect it from unauthorised use. We do not store your card details. All orders are processed through a secure checkout system provided by Sage Pay or PayPal. BAW will not be held liable in the absence of negligence in the event that you incur a loss if a third party obtains access to the details you provide when processing an order from the website.
2.4.5 A payment where you are using a promotional code is subject to additional terms and conditions:
2.4.5(a) BAW promotional codes may be valid for a limited time only and must be redeemed by the date published, if provided.
2.4.5(b) BAW promotional codes may be limited to particular items only.
2.4.5(c) BAW promotional codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotional code or offers.
2.4.5(d) The usual taxes and customs duties will apply when purchase is made using a promotional code.
2.5.1 We offer a Next Working Day couriered delivery service for UK customers with orders placed before 3pm GMT (excluding bank holidays and public holidays).
2.5.1 (a) UK customers that place orders between Monday to Thursday 3pm GMT should receive their parcel the day after you placed your order.
2.5.2 (b) UK customers that place orders on Friday before 3pm GMT should receive their parcel the following Monday.
2.5.2 (c) UK customers that place orders on Friday after 3pm GMT, Saturday or Sunday should receive their parcel the following Tuesday. 2.5.2. We offer an Express Air couriered delivery service to all International customers and additionary we offer an Express Road couriered delivery service to most European countries. 2.5.3 We ship all of our domestic and international orders using our partner DHL, part of the global postal and logistics group, Deutsche Post DHL (“DHL”) 2.5.4 Delivery times are quoted on both the ‘Delivery’ page and ‘Checkout’ page of our website from receipt of your order. Delivery times are quoted as working days (Monday-Friday) and should be treated as a guide. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen issues affecting DHL and may be subject to customs delays. BAW shall be under no liability for any delay or failure to deliver the Goods within the estimated timescales and under circumstances, with reasonable margin, delivery charges will normally not be refunded. 2.5.5 For security of all parcels, we and DHL require proof of delivery for all orders. BAW and DHL are unable to authorise parcels to be delivered without a signature. 2.5.5 (a) BAW will only deliver goods to the delivery address that you specified when you placed your order. You are responsible for providing accurate delivery addresses when placing your order and BAW will not be liable if the address that you have given and that we provide to DHL to deliver to is incorrect. 2.5.5 (b) If the intended recipient is not at the delivery address when DHL attempt to deliver, they will leave a card at the delivery address confirming that they have tried to deliver and provide instructions for the customer about how to collect the parcel or rearrange for delivery. 2.5.5 (c) If you rearrange with DHL to redeliver the parcel to a different address to that stated on the Shipping Confirmation Email, this may incur an additional charge that is out of our control and BAW accepts no liability for the cost or safety for the redelivery of this parcel.
2.5.6 All customers are responsible for clearing custom duties and taxes that may be imposed by your government. Please contact your local customs office for further information. To ensure quick delivery to you, DHL will contact you prior to delivering your parcel to facilitate payment in advance via credit/debit card or by cash upon receipt at the door. For this reason, your telephone number is a required field in our checkout process so please ensure it is accurate (with your full country code). If you have not cleared the charges in advance, they will be payable upon receipt at the door. Customers will receive a separate invoice from DHL for any applicable custom duties and taxes, which is to be treated as a direct invoice between DHL and the customer. BAW takes no responsibility or liability for this third party invoice.
2.5.7 Customers ordering parcels to the Russian Federation must provide a business or commercial address. BAW takes no liability for any parcels that are delivered to a non-business or non-commercial address.
2.5.8 Customers ordering parcels to China (People’s Republic) must provide a Customs Registration Number (“CR Number”) in the required field provided on the checkout page named ‘CR Number’. BAW takes no liability for parcels being sent to China (People’s Republic) without a CR Number or with an incorrect CR Number provided by the customer, although BAW may attempt to contact the customer if a CR Number was not provided or provided incorrectly.
2.6. RETURN AND EXCHANGE OF GOODS POLICY
2.6.1 If you are unhappy with your goods, we will offer a refund or exchange as long as the goods are returned unworn, unwashed and in a saleable condition. All items must be returned within 14 days of receipt of the goods for a refund or exchange. All goods must be returned in their original packaging without any of the original labels and tags removed. When trying on items of clothing, please ensure that you are not wearing make up, perfume, aftershave or deodorant which may leave marks or a scent on the item as we will be unable to accept the return or exchange of any item where there is evidence that these instructions have not been followed. If goods are returned used, damaged or soiled, these will not be accepted and regrettably a refund or exchange will not be issued and the consumer will be liable to pay the cost of returning the goods back to them. Refunds will be made for the original purchase amount in GBP against the original invoice, excluding the original delivery charge within 30 days on the original card used to make the purchase. We do quality check our stock carefully before dispatch to our customers, but in the unlikely event that you receive goods that are damaged, faulty or incorrectly supplied, we will refund or exchange the product including the original delivery charge subject to our inspection. We will only offer exchanges for the same product in a different size subject to stock availability. We regret that we cannot be held responsible for non-delivery of returned goods. The parcel remains the customer’s responsibility until it reaches us so please keep your certificate of postage safe as your proof of return. We monitor the number of returns and exchanges made by our customers and we may refuse to accept orders if goods are returned repeatedly, although this does not affect your statutory rights. If you wish to return to us any Goods:
2.6.1(a) in respect of which you find a defect within 7 days after delivery, we will examine the returned item and, subject to confirmation of the defect by us, we will refund the price of the item. We will usually process the refund due to you as soon as possible, and in any case, within 30 days of receiving the defective product. You will be refunded in full for the item and also refunded the original delivery charge for sending the item to you and the cost incurred by you in returning the item to us for all international customers. For UK customers we will provide a free returns label. Please note that due to Health and Safety at work regulations we require any used faulty goods to be in a clean condition before accepting them for a refund. We reserve the right to refuse Goods which are soiled as they would be rejected by our suppliers. If we do not agree that there is a defect in Goods you return or if we refuse Goods for being soiled we will notify you by post or email to confirm our justification;
2.6.1(b) because you have cancelled the Contract between us within the seven-day cooling-off period (see condition 2.2.4 above), once the item has been checked, 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 item 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;
2.6.1(c) for any other reason, you may do so within 14 days of receipt of the goods. Once the item has been checked, we will refund the price of the item, providing it is in a saleable condition and is in its original, undamaged packaging. Please allow up to 30 days from the receipt of your return for a refund to be processed. The delivery charge is non-refundable and unless otherwise agreed between us, you must pay for the costs of return of the Goods to us. This condition 2.6.1 does not affect your statutory rights. The usual rules of return and exchange will apply. Please refer to the help section of the website to see how to create a return or exchange. BAW reserves the right to refuse a return or exchange at the website owners’ discretion.
2.6.1 (d) International (non-UK) customers are responsible for postage and/or other return journey costs for both refunds and exchanges. We do quality check our stock carefully before dispatch to our customers, but in the unlikely event that you receive goods that are damaged, faulty or incorrectly supplied, we will refund or exchange the product including the original delivery charge subject to our inspection. For all valid exchanges, delivery of replacement goods back to you is on us. All incurred duties and taxes will need to be claimed back through DHL, when returning your items back to us. We are not responsible for the refund of international customs duties and sales taxes.
2.7.1 Certain items that are listed as out of stock on our website may be available for pre-order.
2.7.2 If an item is available for pre-order, you will be able to see this once on the individual product page.
2.7.3 To pre-order an out of stock item, please place your pre-order by selecting your size, adding to shopping bag and completing the checkout process as normal. As soon as the pre-order item becomes available we will ship it to you.
2.7.4 The time in which we expect the stock to arrive will always be listed on the individual product page for guidance purposes only. You can use our Contact Us form for any queries and updates on shipping timing.
2.7.5 We take payment for pre-orders up front for out of stock items and items that we have not released yet.
2.7.6 Not all items that go out of stock will be available for pre-order.
2.7.7 If your order contains a mixture of pre-orders and in-stock items, we will ship the pre-orders separately at no extra charge when they are available. Your order confirmation email will contain both in stock and pre-order items.
2.7.8 Pre-orders of our items are only available on our website and not in any other retail or online stores and cannot be paid for by giftcard for either part or full payment.
2.8. WARRANTIES AND LIABILITY
2.8.1 Subject to condition 2.8.6, we warrant to you that any Goods purchased from us through our Website are of satisfactory quality and reasonably fit for all the purposes for which goods of the kind are commonly supplied.
2.8.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Goods you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
2.8.3 Nothing in these Supply Terms excludes or limits our liability for:
2.8.3(a) death or personal injury caused by negligence;
2.8.3(b) fraudulent misrepresentation;
2.8.3(c) under section 2 of the Consumer Protection Act 1987;
2.8.3(d) breach of the terms implied by section 12 of the Sale of Goods Act 1979;
2.8.3(e) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
2.8.4 Without prejudice to condition 2.8.3, we shall not be liable, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any:
2.8.4(a) loss of profit; or
2.8.4(b) loss of goodwill; or
2.8.4(c) loss of anticipated saving; or
2.8.4(d) special, indirect or consequential damage suffered by you; that arises under or in connection with this agreement.
2.8.5 In the absence of any negligence other than breach of duty by BAW, your use of any Goods other than in accordance with their instructions is entirely at your own risk
2.8.6 We have selected our goods on the basis that they will be used for personal, non-commercial use only. Where you decide to use these goods in any other way, we exclude any liabilities relating to the terms and conditions for the Supply of Goods, including fitness for purpose or satisfactory quality.
2.8.7 The Goods are sold in accordance with the manufacturer's specification, subject to any qualification or representation contained in the Website. Save as detailed in these Supply Terms, BAW do not make any other promises or warranties about the Goods.
2.8.8 Please note that the colours of the Goods are as accurate as the Website allows, as the actual colours you see will depend on your monitor. We cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the Goods on delivery.
2.9.1 We aim to deal with all complaints as effectively as possible. Our complaints handling procedure is designed to be fair, confidential, easy to use, speedy and informative. If you wish to make a complaint please contact firstname.lastname@example.org. Please provide full details of the nature of your complaint, including the Goods purchased, your order number, your name, address, daytime telephone number, email address and any other information which you think will assist us in resolving your problem as quickly as possible.
2.10.1 BAW will make every effort to deliver Goods and provide our services within a reasonable time and to comply with our obligations under these Supply Terms, but we cannot be held responsible for delays or failures due to occasionally unforeseen issues affecting our delivery partner, customs delays, adverse weather; fire; flood or other natural disaster; traffic delays or failure of transport; mechanical breakdowns; strikes or other industrial action, or any other circumstances beyond our reasonable control.
2.10.2 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 Supply Terms, 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. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Supply Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
2.10.3 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.
2.10.4 All notices given by you to us must be given to BAW London Ltd at our registered company address: 105 Doulton House, 11 Park Street, London SW6 2FT, UK. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
2.10.5 The contract between you and us is binding on you and us and on our respective successors and assignees. 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. 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.
2.10.6 If any of these Supply Terms 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.
2.10.7 A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This condition does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
2.10.8 These Supply Terms 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.
2.10.9 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 Supply Terms.
2.10.10 Each Contract and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in all respects in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.