This page (together with the documents referred to on it) tells you the terms and conditions (Terms & Conditions) on which we supply any of the products (Products) listed on our website www.bushessentials.co.uk (the Site) to you. Please read these Terms & Conditions carefully before ordering any Products from our Site. You should understand that by ordering any of our Products, you agree to be bound by these Terms & Conditions. You can print a copy of these Terms & Conditions by selecting the print option from the “File” menu of your browser. Please also note that the use of the Site is subject to the terms contained in the Disclaimer document, which apply whether or not you order any Products from the Site. You should also read our Privacy Policy.

1. INFORMATION ABOUT US

The Site is operated by Bush Essentials U.K. Postal address: 58, Whitworth Terrace, Spennymoor, Co. Durham. DL16 7LF. Tel: 01388 81 9991.

2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

2.1 You may place an order to purchase a Product advertised for sale on the Site by following the onscreen prompts after clicking on the item you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the “Pay Now” button on the “Order Summary” page.

2.2 After placing an order, you will receive an e-mail from us acknowledging that we have received your order and giving an order number and a summary of your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us will only be formed when we send you the Dispatch Confirmation.

2.3 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.

2.4 We may choose not to accept your order for any reason and we will not be liable to you or to anyone else in those circumstances.

2.5 We may be unable to process your order if:

(a) the Product you ordered is out of stock or discontinued; or
(b) there is a problem with authorisation of the payment on your credit card.

3. DELIVERY

3.1 We will deliver the Products to you by registered first class mail to be signed for.

3.2 We will deliver all Products comprised in your order in one delivery. We will deliver directly to the delivery address specified in your order.

We cannot deliver items within the same order to multiple addresses. Deliveries will be made to your door. We are not responsible for any additional carrying or positioning of products ordered.

4. RISK AND OWNERSHIP

4.1 Once delivered, the Products ordered will become your responsibility and, except in relation to Products that are damaged or faulty when delivered or have been incorrectly delivered, we will not accept any liability for their loss, damage or destruction after they have been delivered.

4.2 Ownership of the Products will only pass to you on: delivery of the Products to you; or us receiving full payment of all sums due in respect of the Products-, (including delivery charges) whichever is the later.

5. PRICE AND PAYMENT

5.1 The price of any Products will be as quoted on our Site from time to time, except in cases of obvious error.

5.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due.

5.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

5.4 We cannot complete your order until you have paid for it in full. Payment can be made by most major credit or debit cards, by completing the relevant details on the “Order Summary” page.

5.5 By using a credit/debit card to pay for your order, you confirm that the card being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.

6. OUR CANCELLATION, RETURNS AND REFUND POLICY

6.1 You may cancel your order (or any part of it) at any stage before the Products are delivered to you.

6.2 Where you decide to cancel an order after we have despatched the Products, you will be under a duty to return them to us, at your own risk. All such Products should be returned within 30 days after the Products have been delivered to you. Until such time as they are returned, you must retain possession of the Products and take reasonable care of them. You should return the Products to us unused (except to the extent reasonably necessary to examine them), and in the same condition in which you received them together with the original Product packaging.

6.3 After you cancel your order and return the Products, any sum debited by us to your credit/debit card will be refunded in full. We will notify you of your refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. Refunds for Products purchased as gifts can only be given to the credit/debit card of the person who placed the order. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of you cancelling your order.

6.4 If any Product you purchase is damaged, faulty or incorrect, when delivered to you we may offer an exchange or refund as appropriate, in accordance with your legal rights. If you believe a Product is faulty, you should return the Product to us. If you have any questions regarding returns, please contact Bush Essentials: info@bushessentials.co.uk

6.5 Our policy on cancellations, returns and refunds does not affect your statutory legal rights.

7. MESSAGE CARDS

7.1 If, when ordering any Product from the Site, you indicate that you are purchasing it as a gift and wish the order to be delivered to the intended recipient, you will have the opportunity to request us to include a message card with the delivery. You are responsible for ensuring that any wording that you request to be printed on the message card does not infringe the intellectual property rights or other rights of any third party or contain anything that is obscene, indecent, vulgar, offensive, blasphemous, scandalous, defamatory, or otherwise inappropriate or which may cause distress or discomfort to the recipient.

7.2 We will not be responsible for any wording you include on a message card. We do not routinely check the wording of message cards but reserve the right to refuse to print or send any message card which we (in our absolute discretion) think contains any inappropriate wording.

8. OUR LIABILITY

8.1 We accept no liability for any loss which is not reasonably foreseeable or for any business loss (which includes loss of profits, contracts, goodwill, opportunity and other similar losses).

8.2 This does not include or limit in any way our liability for death or personal injury caused by our negligence, or our responsibility for fraudulent misrepresentation and any other liability that cannot, under English law, be excluded.

8.3 Nothing in this section 8 or elsewhere in our Terms & Conditions affects your statutory legal rights.

9. EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.

10. GENERAL

10.1 If any of these Terms & Conditions is declared invalid, unlawful or unenforceable, then that provision shall be deemed to be deleted from these Terms & Conditions and the remaining provisions shall remain in full force and effect.

10.2 We have the right to revise and amend these Terms & Conditions from time to time without prior notice by changing them on the Site, provided that any such change will not affect any purchases you have made before the change is implemented.

10.3 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms & Conditions.

10.4 You and we agree that English law applies to these Terms & Conditions and that any dispute between us arising out of or in connection with these Terms & Conditions will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there. We are required by law to inform you that purchases can be concluded in English only and that no public filing requirements apply.

11. CONTACT US

If you experience problems with ordering from the Site or have any questions with regard to an order, please feel free to contact Bush essentials: info@bushessentials.co.uk

12. UPDATES

These Terms & Conditions were last updated in January 2007.