Terms & Conditions
Terms & Conditions of birkdalesales.com
These terms and conditions apply to the use of this website and by accessing this website and/or placing an order you agree to be bound by the terms and condition set out below.
Before you place an order, if you have any questions relating to these terms and conditions, please contact our Customer Service team via our Contact Us Page or call 0345 450 9000 8:30am - 4:00pm, Monday to Friday.
Who we are:
We are Birkdale Sales, a company registered in England and Wales. Our company name is BJA Trading Ltd t/a Birkdale Sales, our company registration number is 05547795 and our registered office is at Unite E, Granville House, The Heights Business Park, Ibstone Road, Stokenchurch, HP14 3BG.
1. What these terms cover. These are the terms and conditions on which we supply goods to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 How to contact us: You can contact us by emailing our customer service team at email@example.com
1.4 How we may contact you. If we need to contact you, we will do so by either telephone or by the email address you provided when placing your order.
2. Our contract with you
2.1 How we will accept your order. Our acceptance of your order will take place when we email you an order confirmation, at which point a contract will come into existence between you and us.
2.2 If we cannot accept your order. If we are unable to accept your order, we will inform you either by email or telephone and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
2.3 Your order number: An order number will be assigned to your order; this will appear on your order confirmation email. If you need to contact us for any reason regarding your order, please do reference your order number in all communication.
2.4 We only sell to the UK and Ireland. Our website is solely for the promotion of our products in the UK and Ireland. Unfortunately, we do not accept orders from or can deliver to addresses outside the UK and Ireland.
3. Our products
3.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
3.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4. Your rights to make changes. If you wish to make a change your order, please contact us as soon as possible after placing your order. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary because of your requested change and ask you to confirm whether you wish to go ahead with the change. If we are unable to make the change or that the change is unacceptable to you, you may want to end the contract (see clause 8 - Your rights to end the contract).
5. Our rights to make changes. We may change the product to reflect changes in relevant laws and regulatory requirement's.
6. More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make changes to these terms or the product, but if we do so we will notify you by email and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7. Providing the products
7.1 Delivery. The delivery of goods is to your doorstep or kerbside only unless previously confirmed in writing by us. It is your responsibility to ensure there is adequate access for us to deliver the goods.
7.2 Delivery costs. The costs of delivery will be as displayed and calculated during the checkout process. However, should there be a discrepancy we will contact you via email or telephone prior to processing your order.
7.3 When we will provide the products. During the order process we will let you know when we will provide the products to you. Please contact us directly before placing an order if you wish to clarify anything points regarding our delivery service. Our standard delivery will be made anytime between 8am and 6pm Monday – Friday, please ensure you are at the delivery address to accept delivery between these hours.
7.4 Inspection of products. Please inspect any packages before signing the courier’s delivery note. If there is any damage, please contact us immediately before accepting the delivery or ask the courier to contact us so that we can decide what course of action to take. If you are unable to contact us, the delivery note should be signed as ‘goods unchecked’, the purchaser should report any damage to us complete with photos of the product and packaging damage within 24 hours of receipt. If the delivery note is signed as accepting the products in good condition, or anything other than as unchecked we will not be able to consider a damaged in transit claim or accept the item back due to poor condition. Please do not use or install the item if it has been damaged as we will not be able to process your claim.
7.5 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, we will contact you via email as soon as we have been informed by our courier to let you know of the delay and to keep you informed of the event.
7.6 If you are not available when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. There may be a charge for redelivery, you will be advised of this when rearranging your delivery.
7.7 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.8 When you become responsible for the goods. A product (which is goods) will be your responsibility from the time we deliver the product to the address you gave us.
7.9 When you own goods. You own a product which are goods once we have received payment in full.
7.10 Installation of goods. All items must be installed (where relevant) by a professional tradesman or engineer with the appropriate qualifications and/or certificates applicable under law at the time of installation. We reserve the right to ask for proof of a tradesman’s registration number and proof of installation of any products that are claimed to be faulty by you.
7.11 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example delivery instructions. If so, this will have been stated in the description of the products on our website. We will contact you via email to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
7.12 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) obtain outstanding information from you so that we can supply the products to you.
(b) deal with technical problems or make minor technical changes.
(c) update the product to reflect changes in relevant laws and regulatory requirements; or
(d) make changes to the product as requested by you or notified by us to you (see clause 6).
7.13 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 14.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 14.8). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 14.6).
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract and whether you are a consumer or a business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all your money back)
(i) see clause 11
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2.
(c) If you are a consumer and have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions, and you will have to pay the costs of return of any goods. You will only be entitled to a full refund if the product is unused undamaged and in its original packaging.
(d) In all other cases (if we are not at fault, there is no right to change your mind and you are not a consumer exercising your right to change your mind), see clause 8.6.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2).
(b) we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed.
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control.
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days: or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When consumers do not have the right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
(a) products made to your specification.
8.5 How long do consumers have to change their mind? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
(a) If you have bought goods, you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately, and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) 15% of the price of the product, as compensation for the net costs we will incur because of your doing so.
9. How to end the contract with us
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Email, at: firstname.lastname@example.org Please provide your order number, name, phone number, home address, details of the order.
(b) Online. Complete the contact form on our website.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. Please email us at email@example.com to arrange collection. If you are:
(a) a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract: and
(b) a business customer you must send off the goods within 10 days of telling us you wish to end the contact.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery prior to dispatch from our warehouse due to events outside our control or because you have a legal right to do so because of something we have done wrong,
In all other circumstances:
(a) if you are a consumer (including where you are exercising your right to change your mind) you must pay the costs of return (as detailed at clause 9.4); or
(b) if you are a business customer you are responsible for the costs of return (as detailed at clause 9.4) and we may make an additional re-stocking charge of 25% against the full order value which is payable by you.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. Please contact us for a collection quote and advise us of product to be collected and your postcode. If you choose not to use us to collect any products from you, we recommend that you use a reputable courier as we will not be responsible if the returned product is damaged on the return to us.
9.5 How we will refund you. If you are entitled to a refund under these terms, we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
(a) we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before, we can inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible.
If you are a consumer exercising your right to change your mind, then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you. For information about how to return a product to us, see clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by emailing you if:
(a) you do not make any payment to us when it is due, and you still do not make payment within 14 days of us reminding you that payment is due.
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, delivery instructions.
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
(d) we reasonably suspect fraudulent activity on any debit or credit cards used for payment.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1, we will refund any money you have paid in advance for products we have not provided. However, if you break the contract we may deduct or charge you 15% of the price of the product, as compensation for the net costs we will incur because of your breaking the contract.
11. If there is a problem with the product and your rights in respect of defective products if you are a consumer.
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can email customer service team at firstname.lastname@example.org
11.2 Your rights in respect of defective products if you are a consumer. If you are a consumer, we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods cannot be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time, you may be entitled to some money back.
See also clause 8.3.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
11.3 What we are not responsible for. Only use the products for its intended domestic use, we will not accept any liability if the products are subject to improper use or failure to comply with the manufacturer’s instructions. We are not responsible, and we do not cover faults caused by:
(a) fair wear and tear.
(b) misuse or accidental damage by you:
(c) you or someone else who has tried to or attempted to repair the products yourself.
12. Price and payment
12.1 Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order. Before purchasing your shopping, basket will break down the product total, the VAT total and order total. We take reasonable care to ensure that the price of the product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 When you must pay and how you must pay. We accept payment by Shopify Payments, MasterCard, Maestro, and Visa. When you purchase goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
12.5 Our rights to set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
12.6 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of HSBC Bank plc from time to time. This interest shall accrue daily from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.7 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13. Our responsibility for loss or damage suffered by you if you are a consumer
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2 and for defective products under the Consumer Protection Act 1987.
13.3 We are not liable for business losses. If you are a consumer, we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited.
14. How we may use your personal information
Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by providing proof of the original purchase of the good and their purchase of the goods. We may not agree to the transfer of our guarantee if we are not provided with reasonable evidence.
15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 18.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person to end the contract or make any changes to these terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you later. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment later.
15.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer? These terms are governed by English law, and you can bring legal proceedings in respect of the products in the English courts.