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Terms & Conditions

Black by Design Limited Terms and Conditions

Last Updated 8th June 2016

Definitions

Black by Design means Black by Design Limited (Company Number 07122327)

Conditions means these terms and conditions

Site means the website of Black by Design www.black-by-design.co.uk

Website usage terms and conditions

1. Access

1.1 You are provided with access to this Site in accordance with these Conditions and any orders placed must

strictly be placed in accordance with these Conditions

1.1.1 We are Black by Design and we own and operate this Site

1.1.2 Your use of the Site is subject to these Conditions. By using the Site, you will be deemed to have

accepted and agreed to be bound by these Conditions.

1.2 We provide the Site on an as is basis and make no representations as to the quality completeness or

accuracy of any content made available on the Site. To the maximum extent permitted by law we exclude:

1.2.1 All conditions, warranties and other terms that might otherwise be implied by law into these Conditions

1.2.2 Any and all liability to you, whether arising out of these Conditions or otherwise in connection with use of

the Site.

Nothing in these Conditions is intended to exclude or limit any liability that may not by law be excluded or limited,

in particular none of the clauses are intended to limit any rights you may have as a consumer under local law or

other statutory rights which may not be excluded.

2. Our rights

We reserve the right to:

2.1 Modify or withdraw, temporarily or permanently, this Site (or any part thereof) with or without notice to you.

2.2 Restrict your access to the Site or part of it. If we grant you access to a restricted part of the Site we may

withdraw permission at any time.

2.3 Make changes to our Conditions from time to time. We will notify you of these changes of use by posting the

revised versions of these Conditions on the Site. You can determine when we last changed these Conditions by

the Last updated statement above.

2.4 Protect our intellectual property right in the Site, including all of the text, pictures, videos and other content

made available on the Site. You may not make copies of such content without our prior written permission.

3. Use

Your permission to use the Site is personal to you and non-transferable, and you may not use the Site for

commercial purposes, unless our written permission is given. Your use of the Site is conditional upon the rules

set out in these Conditions and you agree that you will not:

3.1 use the Site for any fraudulent or unlawful purpose;

3.2 use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including

without limitation others privacy rights or rights of publicity;

3.3. impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or

entity in connection with the Site;

3.4 interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available;

3.5 transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other

computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use

of, any hardware, software of equipment;

3.6 remove any copyright, trade mark, or other propriety rights notices from the Site or materials originating from

the Site;

3.7 frame or mirror any part of the Site without our express prior written consent;

3.8 reproduce the presentation of the Site.

4. Third party links

4.1 To provide suggestions or easier use we may provide links to other websites. You acknowledge and agree

that we are not responsible for and do not endorse such external websites or resources. Your use of the third

party websites is at your own risk.

5. Privacy and Security

5.1 We will treat your personal information as confidential (although we reserve the right to disclose this

information in the circumstances set out below.) We will keep it on a secure server and we will fully comply with

all applicable UK data protection and consumer legislation from time to time in place.

5.2 When you shop on the Site we will ask you to input and will collect personal information from you, examples

being name, address, email address, telephone number, credit card details and passwords.

5.3 We use your personal information for the following purposes:

5.3.1 Processing your orders;

5.3.2 For statistical or survey purposes to improve our services to you;

5.3.3 To serve website content and advertisements to you;

5.3.4 To administer the website;

5.3.5 To inform you of any new products.

You agree that you do not object to us contacting you for any of the above purposes and you do not consider

it to breach any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations.

If you do wish to unsubscribe from our mailing list simply click on the unsubscribe link at the bottom of every

marketing email and you will be opted out of all email communications. For any more information, please contact

customerservices@black-by-design.co.uk or call the team here at 01889 502716.

5.4 We will take great care to ensure that you are able to purchase products from the Site with complete

confidence. Please note your communication with our service is secure. This means your personal details

including payment details, are encrypted when transmitting to us.

6. Cookies

6.1 Cookies are tiny text files that are stored on your computer when you visit a website. They help to make the

Site run smoothly and allow us to provide the best service possible, here's a breakdown of the cookies that we

use and how they benefit you:

Essential These cookies are essential for the use of the Site, they allow us to store the contents of your cart and

process your orders among other things.

Functionality These provide you with a better service by remembering your cart, login details, viewed products

and other things.

Third party performance These provide you with tailored product recommendations and Site search

Third party advertising/other These allow us to make the Site better for you by giving us anonymous usage

information and power our advertising on other websites. This allows those websites to track when you have

made a purchase and earn a commission.

Third party social networking We place social networking buttons on some of our pages to make it easier for

you to share them with other people. They generally use cookies to function, but we don't have any control over

the use of these cookies or the data they share, and advise that you consult their privacy policies to find out what

happens to any data that these services collect when you use them.

6.2 Opting out of cookies We give you the option to choose exactly which type of cookies we will set when you

use the Black by Design site. We'll save the results in a cookie for two years and will honour your choice for

future page views from your current browser.

7. How to order our products

7.1 Orders can be placed online or by telephone.

7.2 Having placed an order online or on the telephone you will receive a total of three emails providing you have

an email address:

7.2.1 The first email is a confirmation email which you should receive immediately after your order is placed. If

for any unusual reason there is a problem you will be contacted promptly and if your order cannot be met or if

there is a delay in dispatch you will be notified. A confirm email does not guarantee that we can meet your order.

7.2.2 A second email is sent to notify you that your order has been dispatched.

7.2.3 The third email is simply a follow up one (from Feefo, an independent review company) to ensure you are

satisfied with our service.

8. Price

8.1 Prices are as displayed on our UK Site and are in British Pound Sterling.

8.2 Prices displayed are inclusive of VAT but exclude delivery charges where applicable. Please see the

Delivery section for details of our charges.

9 Payment

9.1 Payment when ordering online can be by credit and debit card, Paypal or Payment by Amazon

9.2 To ensure that shopping online is secure, your credit/debit details will be encrypted so as to minimise the

risk of your details being read by an unauthorised individual as they are sent to us over the Internet

10. Contract

10.1 No contract will exist between Black by Design and the customer until goods are dispatched. Acceptance

will be deemed complete and effectively communicated at this time.

10.2 A legally binding contract is created when the goods are dispatched.

10.3 Ownership will pass when the goods are dispatched

11. Right to cancel your contract

11.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh

working day from the date you receive the ordered goods.

11.2 You do not need to give us any reason for cancelling your contract nor will you have to pay a penalty.

11.3 To cancel your contracts please email us at customerservices@black-by-design.co.uk

11.4 Where goods have already been dispatched, they must be returned in perfect condition, unused and in the

original packaging to the return address at clause 11.6

11.5 All international returns must be marked clearly on the outside with Returned Goods to avoid import duty.

Any import duty that is incurred will be deducted from the refund.

11.6 Black by Design Returns, Top House Farm, Dodsleigh, Leigh, Stoke-on-Trent England ST10 4QA.

11.7 Upon receipt of the goods we will credit the purchaser with the purchase price less any handling charge

which may have been incurred. We will not be responsible for any refund of postage or carriage. We recommend

that an insured service is used to ensure safe arrival of the return.

11.8 If your goods need to be returned by freight you will be responsible for the cost of this.

11.9 Please note we do not have an exchange policy.

12. Thirty day money back guarantee

12.1 In addition to clause 11 we also offer a 30 day money back guarantee

12.2 If you have purchased an item within the last 30 days and are not happy with it, please email

customerservices@black-by-design.co.uk to receive details of how to make a return. You will need to return the

item, unused, in its original packaging and in a resalable condition, to the returns address shown below enclosing

your order confirmation and quoting the returns number you have been given.

Returns address

Black by Design Limited

Top House Farm

Dodsleigh

Leigh

Stoke on Trent

ST10 4QA

12.3 Once the item has been received and checked, your refund will be processed within 48 hours of receipt.

We will refund the purchase price but not any delivery costs incurred by us in sending the order to you or incurred

by you in returning the goods to us.

12.4 Please note we will not be responsible for items lost in transit during return.

12.5 Refunds are processed by the original payment method, if the card has expired, we will offer a selection of

PayPal or bank transfer as an alternative.

13. Cancellation by us

13.1 We reserve the right to cancel the contract between us if:

13.1.1 We have insufficient stock to deliver the goods you have ordered.

13.1.2 We do not deliver in your area.

13.1.3 One or more of the goods you ordered was listed as the incorrect price due to a typographical error or an

error in the pricing information received by us from our suppliers.

13.2 If we cancel your contract we will notify you by email and will credit to your account any sum deducted by

us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged

to offer any additional compensation for consequential loss or disappointment suffered.

14. Delivery

Please see our delivery page for latest charges.

14.1 Our aim is to deliver all orders within the specified times once receipt of payment has been confirmed. All

deliveries are subject to stock availability and security checks. Delivery will be made to the address provided. If

the product is paid for by PayPal or Payment by Amazon it will be delivered to the address which is registered with PayPal or Amazon. The site is unable to change the address due to PayPal and Amazon's security policy.

14.2 Whist we will make every effort to deliver within the time stated on our website, we will not be liable for

any loss caused to you by late delivery or for late deliveries as a result of Carrier actions which are beyond our

control. Please contact us at customerservices@black-by-design.co.uk as soon as possible if you do not receive

your goods within a reasonable time. We will endeavour to get your goods to you as soon as possible or you may

cancel your order. You will be refunded once the goods have been returned to us in good order or classified as

lost by the courier company.

14.3 We will attempt to deliver your order to the delivery address stated on your order form. If products are

returned to us as undeliverable either because of an incorrect address or because of customer failure to contact

the courier company or collect the goods from the depot where requested, we shall refund the price of the

products less delivery costs incurred by us in sending out the goods plus any additional costs charged to us by

the courier company for returning the goods to us. If we have to re-dispatch the order, if it has been returned to

us, for reasons outside of our control there may be a charge.

14.4 If a customer requires a parcel to be redirected because a wrong address has been given, there will be a

redirect charge.

14.5 If the products we deliver to you are damaged or we have sent you the incorrect goods or quantity, please

contact us within seven (7) days of delivery at customerservices@black-by-design.co.uk Please do not sign for

any packages that are damaged or opened.

14.6 Please note products containing liquids cannot be sent by airfreight. Liquids can be sent by road service

into the UK and most European countries.

15. UK and international delivery charges

15.1 Please see our delivery page for the latest charges.

15.2 For security purposes, we do not deliver to P.O. Box numbers.

16. International Orders

16.1 All international customers purchasing will be served as Delivery Duty Unpaid (DDU) and will be charged

for the items purchased and shipping costs only. Import duty or tax costs (where applicable) will be invoiced to

you directly by the appropraite delivery company. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion, as some countries have thresholds where no import taxes or duty fees will need to be paid.

16.2 Please note no electrical items are sold overseas.

16.3 If you are ordering products to be delivered to someone else, please make sure they are aware they will

be responsible for these additional charges. We have no control over these charges and cannot predict what

they may be, so we are unable to offer any assistance on these processes. We would advise that you check the

import charges applicable in any country before ordering products to be delivered there.

16.4 Please note that we aim to dispatch all international orders within 24 hours. Estimated delivery times are

to be used as a guide only and commence from the date of dispatch. Black by Design is not responsible for any

delays caused by destination customs clearance processes

17. Vouchers and Promotional Discounts

17.1 Promotional discount codes may not be used in conjunction with other offers and sale items.

17.2 From time to time we offer promotional discounts. An example being £20 off of the first £100 you spend on

the Site. If your order consists of a number of products which amount to £100 and you return one product you will

get the full price back minus the amount of discount which has been equally allocated to that particular product.

18. Liability

18.1 If the goods we deliver to you are not what you ordered or are damaged or defective or the delivery is of

an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the

problem within 7 working days of the delivery of the goods in question.

18.2 If you do not receive the goods ordered we shall have no liability unless you notify us at our contract

address within 30 days of ordering the goods.

18.3 If you notify a problem to us under clause 18.1 or 18.2 above, our only obligation will be, at your option:

18..3.1 To make good any shortage or non-delivery

18.3.2 To replace or repair any goods that are damaged or defective; or

18.3.3 To refund to you the amount paid by you for the goods in question in whatever way we choose.

18.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or

expense (including loss of profits business or goodwill) howsoever arising out of any problem you notify to us

under this condition and we shall have no liability to pay any money to you by way of compensation other than to

refund to you the amount paid by you for the goods.

18.5 You must observe and comply with all applicable regulations and legislation, including obtaining all

necessary customs, import or other permits to purchase goods from our Site. The importation of certain goods to

you may be prohibited by certain national laws. We make no representation and accept no liability in respect of

the export or import of the goods you purchase.

18.6 Nothing in these Conditions is intended to limit any rights you may have as a consumer neither under

applicable local law or other statutory rights that may not be excluded nor in any way to exclude liability for any

death or personal injury resulting from our negligence.

19. Electrical products

Black by Design does not provide extended warranties for electrical items; the customer is to rely on the supplier

warranty.

20. Events beyond our control

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for

any damage or defect to goods delivered that is caused by any event or circumstances beyond our reasonable

control including without limitation, strikes, lock outs and other industrial action, breakdown of system or network

access, flood, fire, explosion or accident.

21. Invalidity

If any part of these Conditions is unenforceable (including any provision in which we exclude our liability to you)

the enforceability of any other part these conditions will not be affected.

22. Entire Agreement

These Conditions, together with our current website process, additional terms and conditions for specific

products, delivery details, contact details, privacy policy, set out the whole of our agreement relating to the supply

of goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of

these terms and conditions or as an authorised representation about the nature or quality of any good offered for

sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation

being untrue or misleading.

23. Complaints/ Feedback/ Recommendations

Please feel free to give us any feedback, recommendations or comments about our services and website. We

take this very seriously and aim to deal with any problems or difficulties in a timely fair and effective manner.

Please email us at customerservices@black-by-design.co.uk We try to respond to any email enquiries within

one working day.

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