Terms and Conditions
www.bemah.co.uk (‘the Website’) is operated by Bemah ltd.
As we can accept your order and make a legally enforceable agreement without any further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just email us on firstname.lastname@example.org
To legally enter this contract with our company and purchase goods from our websites and/ or mobile application, you must:
- Be at least 18 years old at the time the order is being placed. Persons under the age of 18 must be supervised by an adult (parent/guardian) who is above the age of 18 in order for any purchases made on our website and/or mobile application to be valid.
- Be authorised to use the credit or debit card (i.e. your name must be on the credit/debit card or you must havethe owner’s permission to use the said card)
- Have a valid credit or debit card that is accepted by our company (visit our website for more information on our payment options).
The company does not sell any products for purchase by children only products for children to be purchased by adults.
No agent or employee of the company is or shall be permitted to alter or vary these terms and conditions in any way unless authorised or approved by the Director of the company.
- These Terms and conditions will apply to the purchase of the goods by the customer (hereinafter referred to as ‘you’)
- These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to these Terms and conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I accept’. If you do not click on the button, you will not be able to complete your order. You can only purchase the Goods from the website if you are eligible to enter into a contract and are at least 18 years old.
- The company reserves the right to unilaterally modify or supplement the services provided as well as the terms and conditions below.
- Definitions and Interpretation
- Company refers to Bemah ltd, its website and mobile application
- Customer means an individual or firm in contract with us (the Company) and is in use of our website or mobile application for purchase and delivery of goods
- The shipper refers to the delivery service used to ship the customer’s goods to the required destination
- Supplier means the third party whose goods are advertised on our website to be supplied to you (the Customer)
- Contract means the legally-binding agreement between you (the customer) and us (the company) for the supply of the goods;
- Delivery location means the exact address or location provided by the consumer and printed on the delivery item to which the goods are to be delivered
- Durable medium means paper, email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of information stored;
- Goods means the goods advertised on the website that we (the company) supply to you; the number and description as set out in the consumer’s order
- Order means the customer’s order for the goods from the supplier as submitted following the step by step process set out on the website or mobile application of the company
- Website means our website bemah.co.uk and corresponding mobile application on which the Goods are advertised.
- Dangerous goods means goods classified as dangerous by the relevant authorities which may present a physical hazard or injury to personnel or their health as well as damage to other goods.
- The description of the Goods is as set out on the website or other form of advertisement. Any descriptions are for illustrative purposes only. There may be small discrepancies in the size and colour and other characteristics of the Goods supplied for which the Company cannot be held liable.
- In the case of any Goods made to your (the Consumer’s) special requirements, it is your (the Consumer’s) responsibility to ensure that any information or specification you provide is accurate.
- All Goods which appear on the website are subject to availability
- We (The Company) reserves the right to make changes to the Goods on the website or mobile application which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes if any are made.
- Personal information
- We may contact you by using e-mail or other electronic communication methods and by pre-paid post to which you (the Consumer), expressly agree to this.
- Basis of Sale
- The description of The Goods in our website does not constitute a contractual offer to sell the Goods. The company reserves the right to reject an order submitted on the website for any reason which is not in accordance with these conditions as well as those of our shippers. The company will try to inform the consumer of any such reasons for rejection of an order without delay.
- The company agrees, subject to the compliance of the consumer to these conditions, to handle goods ordered by the consumer solely from our website and/or mobile app and to store consumer goods prior to delivery by our shippers.
- The Order process is set out on the Website. Each step allows you to check that you have used the ordering process correctly. The company cannot be held liable for any errors in order specifications made by the consumer.
- If the conditions stated in this contract are not met by the consumer, the company reserves the right to immediately terminate the contract, suspend services to the consumer and to take any necessary action on the prevailing situation thereafter.
- A Contract will be formed for the sale of Goods ordered only when you receive an email from us (the company) confirming the Order (Order Confirmation). You (the consumer) must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We cannot be held responsible for any inaccuracies in the Order placed by you. By placing an order, you agree to us (the company) giving you Confirmation of the Contract by means of an email with all information in it (i.e. The Order Confirmation). You will receive the Order Confirmation within reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
- In the case of non-receipt of an email containing order details and confirmation of the contract (Order confirmation), this should be deemed as a failure to place the order with us (the company). Thus the order must be placed again correctly and the conditions agreed to, to ensure receipt of an order conformation.
- The company reserves the right to open and inspect all goods for reasons including but not limited to:
- determining if the goods comply with the conditions stipulated in this contract,
- to determine if the goods may be classified as dangerous goods
- To ensure compliance with any existing laws and regulations
- The customer acknowledges the fact that the goods once handed over to the shippers, may be subject to inspection by X-ray pursuant to the applicable laws and/or regulations, and in accordance with the company’s shipper’s conditions. The company shall not be held liable for any damage resulting from any such inspection.
- Any quotation is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, including but not limited to description of Goods, Fees or otherwise, can be made after it has been entered into unless the variation is approved in writing by the director of the company, and agreed to by the Customer, also in writing.
- It is intended that these Terms and Conditions apply only to a Contract entered into by you as a Customer. In the case where the customer is not the owner of the goods ordered, the customer shall be deemed the authorised agent of the owner(s).
- Any other special situations that may arise concerning ownership of the items must be sent to the director of the company in writing to allow for a modified contract befitting the ownership situation of the goods before placing an order. In the event of failure to notify the company of any such situation, section 5 (j) above automatically holds and the contract agreed to at the time of placing the order shall remain valid.
- The customer must also be in accordance with the conditions of carriage and delivery given by our shippers. The company shall not be held liable for any damage to goods, or other issues arising from the handling of goods by the shippers.
- Goods not accepted for storage and delivery
- The company reserves the right to refuse to accept certain goods for storage and delivery. These goods include but are not limited to:
- Dangerous, flammable or hazardous goods
- Bladed articles
- Tobacco and tobacco products
- Illicit/Illegal drugs
- Jewellery including watches with a value exceeding £250
- Any amounts of cash
- Any documents which can be exchanged for cash, goods or services (e.g. Cheques, debit/credit cards, vouchers with face value, event tickets etc.)
- Personally identifiable information (including prescriptions)
- Personal effects
- Precious metals, minerals or stones (such as gold silver or diamonds) with a value exceeding £250
- Any other valuables (such as furs) exceeding £250
- Alcohol including wines, beers or spirits
- Any products containing cannibidiol, nicotine or any other controlled substances.
- Perishable food
The customer must note that this list is not exhaustive and goods may be classified as not acceptable and may be rejected at the discretion of the company or our shippers at any time. For the full list see: Prohibited Items
The customer must also note that the laws and/or regulations of the country of origin of the goods as well as those of the country the goods are being delivered to apply, as do any international export or import regulations.
- The company however shall accept any of the following goods for storage and delivery only on the condition that the company shall not be held liable for any loss or damage during the storage or delivery process.
- glass or any articles (or part of them) that are made up of glass, porcelain, earthenware or other similar materials
- works of art
- jewellery (including watches) with a value of up to £250,
- precious metals, minerals and stones (including gold or silver items) with a value of up £250
- Antiques with a value of up to £250.
Unless any liability in the storage and delivery of these terms has been accepted by the director of the company and communicated in writing to the customer, the Company shall not be held liable in any situation whatsoever including but not limited to any losses arising from negligence on the part of the company or its affiliated shippers.
- Price and Payment
- Unless otherwise stated, the price of the Goods and any additional delivery charges are clearly set out on the website and are valid at the date of the order.
- Any other additional charges and/or payment arrangements shall only be valid upon approval in writing, by the director of the company.
- Prices and Charges may include Value Added Tax (VAT) at the rate applicable at the time of the Order.
- The customer shall make payments for their order by submitting credit or debit card details with your Order and the company may take payment immediately or otherwise stated before delivery of the Goods.
- Goods advertised via the affiliate program will be subject to the prices as per the advertiser.
- The company reserves the right to re-weigh goods upon receipt to verify measurements and corresponding charges and shall make changes to the amount payable by the customer where necessary.
- Payment of the company’s charges with a credit or debit card shall attract an added 2% of the invoice value to cover any bank charges incurred by the company.
- The company reserves the right to increase delivery charges at any time and from time to time by giving the customer not less than 7 days’ notice (via email or any other durable medium). This shall be in accordance to any increases in cost of doing business, fluctuations in foreign currency exchange rates, labour and other changes involved in service delivery.
- The customer shall pay any other charges including duties and taxes as indicated in by the terms and conditions of the company’s shippers.
- The customer must notify the company in writing, about any anomalies related to invoices issued by the company within 14 days of the invoice date. Failure to do so by the customer shall result in the company not being held liable for any errors in the invoice nor shall the company be required to reimburse any sums of money paid by the customer unless the customer can prove that:
- There was no reasonable possibility for the customer to notify the company of any such anomalies in writing within the 14 day period stated above.
- The customer must also be in accordance with the conditions of payment given by our shippers. The company shall not be held liable for any additional charges, or other issues arising from violation of the shippers conditions by the customer.
- Any specific time frames stated for delivery of goods on the website and/or mobile application are estimates only and are subject to the delivery time frames and conditions of our shippers. The company shall not be deemed to be in breach of contract or have any liability to the customer (whether in contract, tort, negligence or otherwise and however arising) for any failure of our shippers to fulfil any delivery and/collection withtin the specified times.
- In the case where the customer’s order is not delivered within the estimated times on the website and/or mobile application, the customer’s sole and exclusive solution for any losses (whether in contract, tort, negligence or otherwise and however arising) shall, subject to the conditions in section 6 and 7(f), be entitled to a reduction in the charges payable to the company so as to reflect the service received.
- The company shall not be held liable for any refunds owed the customer by the suppliers hosted on the company website or mobile application. Such issues shall be taken up and resolved directly with the supplier
- The company shall not be held liable for any losses, damage or otherwise to goods once they have been handed over to the shipper for transportation and delivery. Agreeing to the terms and conditions of this contract on the website and/or mobile application before placing an order means that the customer shall be in accordance with the terms and conditions stated by our shipper.
- The company shall not be held liable for any delays in the delivery of goods resulting from the suppliers listed on our website and/or mobile application. Customers shall note that delivery times stated by our suppliers are separate from the delivery times stated on our website to allow adequate time for the goods to be delivered to our warehouse
- Risk and Title
- Subject to conditions 5 (g), 5(h) and 6 the company shall only be liable for any physical loss or damage to goods pending presentation of sufficient evidence of any such eventuality that may occur in our warehouse and not during shipping, transit, storage or delivery either by our suppliers or by our shippers. By agreeing to the terms and conditions before placing an order, the customer agrees to the conditions on liability and damage set out by our suppliers.
- The customer shall not own the Goods until the company has received payment for the order in full. If full payment is overdue or a step occurs towards bankruptcy, the customer shall notify the company in writing, pending approval by the director of the company, to cancel any order placed by the customer.
- The customer shall acknowledge that by accepting the terms and conditions on our website and/or mobile application, the customer by extension also accepts the terms of handling, shipping and delivery set out by our shippers. Thus the company may not be held liable for damages, loss or any eventuality that may occur when the goods have been handed over to our shippers.
- Withdrawal and cancellation
- The customer shall not under any circumstances cancel an order once it has been placed on the website and/or mobile application and an order conformation sent via email. The company shall not be obliged to refund any payments or charges made after an order has been placed.
- Subject to section 10(a) above, an order may only be cancelled under extenuating circumstances which shall be communicated to the director of the company no less than 48 hours from the date stated on the order confirmation, in writing to which a refund and/or return if applicable, shall only be issued upon the approval by the director of the company. Any returns to be made including any charges incurred shall be done so at the expense of the customer.
- As stated above, refunds on orders cancelled before the 48 hour period and approved by the director of the company shall be paid in full to the customer. Any supplementary costs incurred during return of goods to the supplier shall however be incurred by the customer.
- Returning Goods
- The company at its discretion, may mediate returns on goods ordered from our website and/or mobile application if the customer so wishes. Returns are subject to the returns policies and time frames stated by the suppliers on our website and/or mobile application. The customer shall inform the company in writing to this effect, ensuring that no less than 14 working days remain before the expiration of the returns period on the item as stated by the supplier so as to allow adequate time for shipping to us and onward to the supplier. The company reserves the right to refuse any returns with a time period less than 14 working days to the expiration of the returns period on an item purchased through our website and/or mobile application.
- The customer, in any such event as detailed in section 15 (a) above, shall bear all shipping, handling and delivery charges that may be incurred during the returns process.
- Further information on the terms and conditions concerning returns of goods is available here
- Conformity and Guarantee
- The company has a legal duty to supply the Goods ordered by a customer on our website and/or mobile application in conformity with the conditions stated in this Contract.
- Upon delivery, the Goods will:
- Be of satisfactory quality as provided by our suppliers
- Conform to the description as stated on our website and/mobile application and as provided by our suppliers.
- The company shall not be held liable for any errors, defects or any such cases, in goods ordered which originate from the supplier. It is not a failure to conform if the failure has its origin in your materials.
- Successors and sub-contractors
- The customer may be a sub-contractor for a company or organization. In such instances, the sub-contractor is deemed to be the authorised agent of the owner(s) with whom this contract shall be concerned.
- As stated in section 5(l), any special situations that may arise concerning ownership of the items and the use of sub-contractors by an organization, must be sent to the director of the company in writing to allow for a modified contract befitting the ownership situation of the goods, before an order is placed. No modified contract shall be issued after an order has been placed as stated in section 5 (j) and the contract agreed to at the time of placing the order shall remain valid.
- Proof of delivery
The company is in accordance with the terms established by the shippers concerning proof of delivery. The shippers may take a photograph of the delivery location or obtain a signature from the recipient of the goods as proof of delivery. The company shall not be held liable for any failure of delivery on the part of the shippers
- Circumstances beyond the control of either party
- In the event of any failure by a party (being either the company, the suppliers or the shippers) because of an event beyond its reasonable control:
- The affected party will advise other concerned parties as soon as reasonably possible; and
- The affected party’s obligations will be suspended so far as is reasonable, provided that, that party will act reasonably, and the affected party will not be liable for any failure of duties which it could not reasonably avoid. However, this will not affect the Customer’s above rights relating to delivery of goods if possible.
- The customer’s privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
- For the purposes of these Terms and conditions:
- ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the directive 95/46/EC (Data Protection Directive) or the GDPR.
- ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
- ‘Data Controller’, ‘Personal data’ and Processing’ shall have the same meaning as GDPR
- The company is the Data Controller of the Personal Data that is processed when providing and delivering Goods to the customer.
- The company shall comply with obligations imposed by the data protection laws when data is provided by the customer to be processed in the course of provision of goods by the company to the customer:
- Before or at the time of collecting Personal Data, the company shall identify the purposes for which information is being collected;
- The company shall only Process Personal Data for the purposes identified;
- The company shall respect the customer’s rights in relation to your personal Data; and
- The company shall implement technical and organisational measures to ensure your Personal Data is secure.
The Company may share the personal data with our shippers for the purpose of facilitating deliveries in accordance with Data Protection Laws.
The Company shall not be considered a Data Controller and/or Data Processor for any personal and/or sensitive data that is contained within an order.
For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following email address: email@example.com
- Excluding Liability
The company shall not be held liable for:
- Any fraudulent act or omission; or
- For death or personal injury caused by negligence or breach of the supplier’s or shipper’s other legal obligations.
- Loss which was not reasonably foreseeable to the company, the supplier or the shippers at the time when the Contract was made
- Loss (e.g. Loss of profit) to the Customer(s) whether in business, trade, craft or profession as the company deems that the Customer is not buying the Goods for its business, trade, craft or profession.
- Third Party links and resources
In instances where the company’s website and/or mobile application contains links to other sites and resources, we have no control over those websites or resources and thus accept no responsibility for them or any loss or damage that may arise from the customer’s use of them.
- Intellectual Property
All Intellectual Property Rights in any materials (including software) and in any methods of work and processes used by the Company in connection with the Contract are and shall remain the exclusive property of the Company. Nothing in these Conditions shall imply any licence or other permission to use or reproduce any such materials, methods and processes save as expressly agreed in writing by the director of the Company.
Any failure by the Company to enforce or apply any provision of these Conditions shall not constitute a waiver of that provision and shall not otherwise remove or reduce the Company’s right to enforce that provision.
- Third party rights
The Contract does not give rise to any rights, under the Contracts (Rights of Third Parties) Act 1999 or otherwise, for any third party to enforce any term of the Contract.
If any of these Conditions or any part is held to be invalid for any purpose, it shall for that purpose be deemed to have been omitted, but shall not prejudice the effectiveness of the rest of these Conditions.
- Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales
- The company tries to avoid any disputes, so we deal with complaints in the following way: the customer may fill out a form that will be provided on the website or the customer may inform the director of the company in writing detailing the issue at hand.
- We aim to follow these codes of conduct.
Effective: August 2019