Terms and Conditions

Terms and conditions of sale and use of our website.

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1. About us

 

1.1 Company details. bxh Ltd (company number 00680355) (we and us) is a company registered in England and Wales, and our registered office is at 73 Tyler Street, Sheffield, S9 1GL.

 

2. Definitions

 

  • Consumer: An individual acting wholly or mainly outside their trade, business, craft or profession.
  • Business Customer: Any customer that is not a Consumer.
  • Goods: The goods set out in your order.
  • Contract: The contract between you and us for the supply of Goods in accordance with these Terms

3. Our contract with you

 

3.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.

 

3.2 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty that is not set out in the Contract.

 

3.3 Language. These Terms and the Contract are made only in the English language.

 

3.4 Different legal rights apply depending on whether you are a Consumer or Business Customer. Relevant sections of these Terms state where rights differ.

 

4. Placing an order and its acceptance

 

4.1 Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.

 

4.2 Correcting input errors. You may amend errors before submitting your order. Please ensure your order is accurate and complete before confirming it.

 

4.3 Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 4.4.

 

4.4 Accepting your order. We will confirm our acceptance to you by sending you an email that confirms that the Goods have been dispatched (Dispatch Confirmation). The Contract between you and us will only be formed when we send you the Dispatch Confirmation.

 

4.5 If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.

 

5. Our goods

 

5.1 The images of the Goods on our site are for illustrative purposes only.

 

5.2 Although we have made every effort to be as accurate as possible, because our Goods are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.

 

5.3 The packaging of your Goods may vary from that shown in the images on our site.

 

6. Return and refund (Business Customers only)

 

6.1 You may request to return Goods by contacting us for prior authorisation.

 

6.2 Refunds may be given only if Goods are returned in a resaleable condition with all original packaging.

 

6.3 If Goods are agreed by us to be faulty or misdescribed, we will repair, replace, or refund at our discretion.

 

6.4 You are responsible for the cost of returning Goods

 

7. Cancellation Rights (Consumers only)

 

7.1 You may cancel your order for any reason within 14 days of receiving the Goods by emailing us at info@bxh.co.uk or use any cancellation form provided.

 

7.2 Goods must be returned within 14 days of cancellation. You must pay return postage unless Goods are faulty.

 

7.3 We will refund within 14 days of receiving the returned Goods. Refunds include standard delivery costs.

 

7.4 You cannot cancel if Goods are:

(a) Made to your specification or personalised;

(b) Sealed for hygiene reasons and unsealed after delivery;

(c) Inseparably mixed with other items.

 

7.5 You retain your full rights under the Consumer Rights Act 2015, including the 30‑day right to reject faulty Goods.

 

8. Delivery, transfer of risk and title

 

8.1 We will contact you with an estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 15 for our responsibilities when this happens.

 

8.2 Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order.

 

8.3 If you are a Business Customer, the Goods will be at your risk upon unloading.

 

8.4 If you are a Consumer, risk will only pass to you upon your physical receipt of the Goods.

 

8.5 You own the Goods once we have received payment in full, including of all applicable delivery charges.

 

8.6 Business Customers only - If you do not take delivery within 10 days of notification, we may resell the Goods and refund you less reasonable costs.

 

8.7 Business Customers only - within 24 hours of delivery, you must examine the delivered Goods and inform us of any defect or problem. If we do not receive any notification of such defect or problem, you shall be deemed to have accepted the Goods in their condition.

 

9. International delivery

 

9.1 We may refuse to deliver the Goods if you live in a country we do not serve.

 

10. Price of goods and delivery charges

 

10.1 The prices of the Goods will be as quoted on our site at the time you submit your order.

 

10.2 If a pricing error is obvious and unmistakable, we may cancel the Contract and refund you.

 

10.3 Payment must be made in advance.

 

10.4 The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.

 

10.5 The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.

 

10.6 Business Customers only – if we discover an error in the price of the Goods you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly 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 cancel supply of the Goods and refund you any sums you have paid.

 

10.7 Consumers only - If we discover a pricing error relating to Goods you have ordered, we will contact you to inform you of the error and ask whether you wish to continue with the order at the correct price or cancel it. We will not process the order without your instructions. If we cannot contact you using the details provided, we will treat the order as cancelled. If we mistakenly accept and process your order where the pricing error is so obvious that it could reasonably have been recognised as a mispricing, we may cancel supply of the Goods and issue a full refund.

 

11. Our warranty for the goods (Business Customers only)

 

11.1 We provide a warranty that on delivery, the Goods shall:

(a) Conform in all material respects with their description; and

(b) be free from material defects.

 

11.2 Subject to clause 11.3, if:

(a) you give us notice in writing within 24 hours of delivery that some or all of the Goods do not comply with the warranty set out in clause 11.1;

(b) we are given a reasonable opportunity of examining the Goods; and

(c) we ask you to do so, you return the Goods to us at your cost,

we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.

 

11.3 We will not be liable for breach of the warranty set out in clause 11.1 if:

(a) you make any further use of the Goods after giving notice to us under clause 11.2;

(b) the defect arises as a result of us following any drawing, design or specification supplied by you;

(c) you alter or repair the Goods without our written consent;

(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or

(e) the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

 

11.4 We will only be liable to you for the Goods' failure to comply with the warranty set out in clause 11.1 to the extent set out in this clause 11.

 

11.5 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.

 

11.6 These Terms also apply to any repaired or replacement Goods supplied by us to you.

 

12. Our liability: your attention is particularly drawn to this clause

 

12.1 Nothing in these Terms limits or excludes our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

(d) any other liability that cannot be limited or excluded by law.

 

12.2 If you are a Business Customer, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the price of the Goods, and we will under no circumstances be liable to you for:

(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.

 

12.3 If you are a Consumer, your statutory rights are unaffected. We are responsible for foreseeable loss caused by our breach.

 

13. Use of Goods (Business Customers only)

 

13.1 You must not resell or distribute the Goods without our written consent.

 

14. Termination (Business Customers Only)

 

14.1 Without affecting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:

(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so;
(b) you fail to pay any amount due under the Contract on the due date for payment;
(c) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(d) your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.

 

14.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.

 

14.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

 

15. Events outside our control

 

15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).

 

15.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

 

15.3 Business Customers only - you may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. If you opt to cancel, you will return (at your cost) any relevant Goods you have already received and we will refund sums paid.

 

15.4 Consumers only - if the event continues for more than 30 days, you may cancel the Contract and receive a full refund. We will arrange free collection of any Goods where required by law.

 

16. Communications between us

 

16.1 When we refer to "in writing" in these Terms, this includes email.

 

16.2 Any notice given by one of us to the other under or in connection with the Contract must be in writing and be delivered by hand, sent by pre-paid first class post or other next working day delivery service, or email.

 

16.3 A notice is deemed to have been received:

(a) if delivered by hand, at the time the notice is left at the proper address; 
(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or 
(c) if sent by email, at the time of transmission or, if deemed receipt would occur outside business hours in the place of receipt, it shall be deferred until business hours resume, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday.

 

16.4 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 email, that such email was sent to the specified email address of the addressee.

 

16.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

 

17. General

 

17.1 Assignment and transfer.

(a) We may assign or transfer our rights and obligations under the Contract to another entity.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

 

17.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

 

17.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.

 

17.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

 

17.5 Third-party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.

 

17.6 Governing law and jurisdiction. The Contract is governed by English law, and you and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.

 

Website Terms of Use

These Website Terms of Use ("Website Terms") govern your use of our website. By using our website, you agree to comply with these Website Terms.

 

1. Access to Our Site

 

1.1 Access is permitted on a temporary basis. We may suspend, withdraw, or amend any part of the site without notice.

 

2. Use of Website Content

 

2.1 All content on our website is owned by us or our licensors. You may view, download, and print content for personal use only. You must not copy, distribute, or exploit any content without our written consent.

 

3. Prohibited Users

 

3.1 You must not:

(a) Use the site in any unlawful manner;
(b) Attempt to gain unauthorised access to the site or server;
(c) Introduce viruses, malware, or harmful code;
(d) Use the site in a way that may damage or impair it.

 

4. Reliance on Information

 

4.1 Website content is provided for general information only. It is not intended as advice you should rely on.

 

5. Links to Third-Party Sites

 

5.1 Our site may contain links to third-party websites. These are provided for convenience only. We are not responsible for their content.

 

6. Our Liability

 

6.1 We do not guarantee that the site will always be available, secure, or free from errors. To the fullest extent permitted by law, we exclude all implied warranties relating to the website.

 

7. Changes to these Website Terms

 

7.1 We may amend these Website Terms at any time. Your continued use of the site constitutes acceptance of any changes.

 

8. Governing Law

 

8.1 These Website Terms are governed by English law. The English courts have exclusive jurisdiction.