Lets agree upfront that we’ll both try and act fairly to each other? Ok, cool. Now unfortunately to protect us both if you have the stomach for it our T+Cs are below.
(Updated 26th November 2013)
This website is operated by SMIDSY Ltd trading as Beryl (referred to as "Beryl/we/our/us"). As user of this website (referred to as "you/your") you acknowledge that any use of this website including any transactions you make ("use/using") is subject to our terms and conditions below (which includes any other important linked sections e.g. Please feel free to email us at firstname.lastname@example.org if you have any questions.
- Read through these terms and conditions carefully before using this website
- Print a copy for future reference
1.1) We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.2) If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website
1.3) Certain website services may require registration and subsequent access to those services will be subject to an approved login name and password ("Password Details"). Information that you provide on this website must be accurate and complete. All Passwords Details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform us immediately
1.4) Users may from time to time be offered the opportunity to make use of discount codes distributed as part of our marketing efforts, in this case only the direct recipient of the discount code is entitled to benefit from any discount offered
2.1) Please see the Delivery page and payment page for information on how to place an order. All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
2.2) The payment page sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from beryl.
2.3) Acceptance of your order and the completion of the contract between you and us will take place on despatch to you if we have already processed the transaction or on placing the order if you have made a pre-order of the product. We may notify you in either circumstance that we do not accept your order or you have cancelled it and received our confirmation of cancellation.
2.4) We do not file details of your order for you to subsequently access direct on this website, and therefore, please print out these terms and conditions and the order acknowledgement for your own records. If you wish to obtain specific details of your previous orders please contact us at email@example.com
3.1) Please see information on the Delivery page. Our delivery window may change for delivery to the Channel Islands, Isle of Man, Orkney, Shetland and Scottish Islands, BFPO addresses, or the Republic of Ireland. We use a third party to provide delivery services.
3.2) Delivery charges and estimated timescales are specified in the Delivery section. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. Beryl shall be under no liability for any delay or failure to deliver the products within estimated timescales.
3.3) Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.
4.1) We take payment from your card or PayPal account at the time we receive your order unless you have made a pre-order (see 4.6), and after we have checked your card or PayPal details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods. Additional Terms and Conditions for payments made by paypal can be found at www.paypal.co.uk . (beryl is not responsible for the content of external websites.)
4.2) To ensure that your credit, debit, charge card or PayPal account is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. This is done only to confirm your identity, and a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
4.3) The price you pay is the price displayed on this website at the time we receive your order apart from the following exception: While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
4.4) Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
4.5) All prices are shown in £s sterling or another currency and include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise
4.6) If you are making a ‘Pre Order’ this will be made clear on the website. Beryl will process the transaction and payment will be taken via your nominated payment method on dispatch or at another time if agreed by both parties
Returns, Cancellations and Substitutions
5.1) We offer a 28-day money back guarantee, please refer to Returns policy. In the unlikely event that you receive faulty or damaged goods, please refer to our Returns and Warranty sections.
6.1) You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us.
6.2) You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Liability and Indemnity
7.1) Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
7.2) Subject to Section 7.1 above, Beryl will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. beryl will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Beryl accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
7.3) Subject to Section 7.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
7.4) Subject to Section 7.1 above, Beryl will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
a. Economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings)
b. Loss of goodwill or reputation
c. Special or indirect losses
d. Suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
7.5) Notwithstanding the above, subject to Section 7.1 beryl's aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
7.6) This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
7.7) We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
8.1) The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
8.2) Our products are to be used for consumer use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extend permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
8.3) beryl shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
8.4) To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
8.5) You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by Beryl.
8.6) Beryl reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
8.7) If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
8.8) These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:
a. A person who is a permitted successor or assignee under Section 8.8 above of the rights or benefits of these terms and conditions may enforce such rights or benefits.
b. No consent from the persons referred to in Section 8.9 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
8.9) No delay or failure by Beryl to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Beryl.
8.10) These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and Beryl relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and beryl for your use of this website.