1.1
In this
agreement, we are Bagrak Ltd., registered office at
15 Sceptre Road, Crown Business Park, Old Dalby,
Leicestershire LE14 3NQ, and you are the person detailed on the order forms.
1.2
Our
agreement is made on the date we deduct payment from your credit/debit card the
details of which you provided on the order form.
1.3
Our
agreement includes all correspondence from us to you and the descriptions of
the goods as provided by us on our website or otherwise.
2.1
Browse our
website and select your chosen products.
2.2
Complete
the on-line order form in full and follow the instructions detailed on the
website.
3.1
If your
chosen products are in stock, your order will be processed. We will deduct the
price payable for your chosen products from your nominated credit/debit card or
method of payment and your chosen product(s) will be dispatched to you.
3.2
Should you
not receive your chosen product(s) within four to six working days of us
confirming their availability to you, please contact us to let us know. You
will then be given the choice of:
3.2.1
cancelling
your order whereupon we will refund the price you paid or
3.2.2
requesting
that we dispatch further products to you (subject to availability) on the basis
that you return one set of the products you receive should you receive two sets
or
3.2.3
wanting a further
agreed time period after which your chosen product(s) have not been received
then option 3.2.1 or 3.2.2 will be available to you.
3.3.
Should you choose option 3.2.1 then your refund will be made to the
credit/debit card or by alternative method of payment you nominated on your
order form.
4.1
If within
seven days of receipt the goods are not to your liking we will accept the goods
back and give a full refund of the value of the goods in line with the consumer
protection (Distance Selling) Regulations 2003.
4.2
Damaged or
faulty goods may be returned back to us and a replacement product will be sent
to you by return (subject to availability)
4.3
Unless are
items are faulty or damaged the customer shall be responsible for the postal
cost of returns.
5.1
The terms
of this, our Agreement with you, shall govern our contract to the exclusion of
any other terms and conditions.
5.2
No
variation to this agreement shall be binding unless agreed in writing by us.
5.3
Any
typographical, clerical or other error or omission in any sales literature,
price list, acceptance of offer or other document or information issued by us
is subject to amendment by us where reasonable in all of the circumstances to
do so.
5.4
You are
responsible for ensuring the accuracy of your order and the details provided in
your order form.
5.5
The
quantity and description of your chosen product(s) shall be those set out in
the order form unless we subsequently agree otherwise.
6.1
The price
of the goods shall be the price quoted by us in the basket area in GB £
Sterling. This is the price inclusive of VAT. The price quoted on the front
screens and product pages is excluding VAT.
6.2
The price
quoted is excluding delivery.
6.3
The delivery
price is indicated separately in the basket area.
6.4
Delivery
charges vary depending on the type and quantity of product(s) ordered and the
delivery address.
6.5
International
purchases: international credit card providers or banks will determine the exchange
rate and may add an additional processing or administration charge in relation
to such payment which international credit card holders will be liable to pay. Bagrak products are sold on a delivery and duty unpaid
basis. The recipient may have to pay import duty or a formal customs entry fee
prior to or on delivery. Additional taxes, fees or levies may apply according
to local legislation and customers are required to check these details before
placing an order for international delivery.
6.6
UK
deliveries shall be made within four to six working days of order placement.
Express delivery can be provided upon application at an additional fee.
7.1
Risk of
damage to or loss of your chosen product(s) shall pass to you on delivery of
them.
7.2
Notwithstanding
delivery and the passing of risk in your chosen products or any other provision
of this agreement property in your chosen product(s) shall not pass to you
until we receive cleared funds, payment in full of the price of your chosen
product(s).
8.1
Bagrak products
carry a twelve months replacement warranty subject to the items being used in a
reasonable manner for the purposes for which they have been designed (see item
4 – returns)
8.2
You
warrant that the information entered onto the order form is true.
8.3
Where we
sell to you under a consumer transaction (as defined by the Consumer
transaction (restrictions on statements) Order 1976) your statutory rights are
not affected by this agreement
9.1
We shall
not be liable to you or deemed to be in breach of this agreement by reason of
any delay in performing or any failure to perform any of our obligations if the
delay or failure was due to any cause beyond our reasonable control. Without
prejudice to the generality of the foregoing the following shall be regarded as
causes beyond our reasonable control:-
9.2
Act of
God, explosion, flood, tempest, fire or accident
9.3
War or
threat of war, sabotage, insurrection, civil disturbance or requisition
9.4
Acts,
restrictions, regulations, bye-laws, prohibitions or measures of any kind on
the part of any governmental parliamentary or local authority
9.5
Import or
export regulations or embargoes
9.6
Strikes.
Lockouts or other industrial actions or trade disputes (whether involving
employees of us or of a third party)
9.7
Power
failure or breakdown in machinery
The Bagrak website (www.bagrak.com) is a UK-based website and in accordance with
the requirements of the UK Data Protection Act 1998 relating to the personal
information you supply on the Site.
We will
not sell, distribute or disclose information about you as an individual or your
personal usage of the Site without your consent or unless required or permitted
to do so by law.
The site
and its content are protected by intellectual property rights, including
copyright and trade marks. Except as expressly authorised by us you agree not
to copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or
create derivative works of any content of the Site, in whole or in part.
12. Damage to your personal Computer
12.1 Bagrak has taken every effort to ensure that this website
is free from viruses and defects. However, we cannot guarantee that your use of
this website wonÕt cause damage to your computer. It is your responsibility to
ensure that the right equipment is available to use the website and screen out
anything that may damage it. Bagrak shall not be
liable to any person for any loss or damage which may arise to computer
equipment as a result of using this website.
a. If any
provision of this agreement is held by any competent authority to be invalid or
unenforceable in whole or in part the validity of the other provisions of this
agreement and the remainder of the provision in question shall not be affected
thereby.
b. The contract shall be governed by the laws of England.
a. The
terms and conditions set out in this agreement represent the entire agreement.