Terms & Conditions
1.1. What these terms cover. These are the terms and conditions on which we supply products 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 who we are, 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. Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
• You are an individual.
• You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
Provisions specific to consumers only are in blue and those specific to businesses only are in green.
1.4. If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
2.1. Who we are. We are a manufacturer of modern and contemporary lighting products, furniture and home accessories produced in the UK. We are Bert Frank Limited (trading as Bert Frank). We are a company registered in England and Wales with company number 08277080. Our registered office is at 67 Farringdon Road, Clerkenwell, London, EC1M 3JB, England. Our registered VAT number is GB153323732.
2.2. How to contact us. You can contact us by telephoning our customer service team at +44(0)207 164 6482 or by writing to us at email@example.com or 67 Farringdon Road, Clerkenwell, London, EC1M 3JB, England.
2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing 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.
3.3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4. We only sell to countries specified on our website. Our website is solely for the promotion of our products in the countries set out on our website. Unfortunately, we do not deliver to addresses outside the countries listed on our website. For delivery to countries not listed, please contact our sales representatives via email, firstname.lastname@example.org.
3.5. Import duties for customers outside the UK. If you are located outside of the UK, you are responsible for obtaining (at your own cost) any import licences or consents required in relation to the products and for any customs or excise fees, duties or charges. We use FedEx to for deliveries outside of the UK and they act as a customs broker, therefore they are responsible for collecting any customs charges from you and for paying the charges to the appropriate local government body.
4. Our products
4.1. 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. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 2% tolerance.
4.2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.3. Suitability of the products for your country. We will wire the products for your home market as standard. We accept no responsibility for any use of the products outside the country they were sold to or for any non-compliance of the products with electrical or wiring regulations outside of your country.
5. Your rights to make changes and our rights to make changes
5.1. Your rights to make changes. If you wish to make a change to the product you have ordered please contact us. 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 as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7 - Your rights to end the contract).
5.2. Our rights to make minor changes to the products. We may change the product: (i) to reflect changes in relevant laws and regulatory requirements; or (ii) to implement minor technical adjustments and improvements, for example safety standards.
6. Providing the products
6.1. Delivery costs. The costs of delivery will be as displayed to you on our website.
6.2. When we will provide the products. Our estimated delivery times are usually between 4 to 6 weeks from the date you place your order. We will deliver the products to you as soon as reasonably possible and in any event within 60 days after the day on which we accept your order.
6.3. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4. If you are not at home 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.
6.5. 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 9.2 will apply.
6.6. When you become responsible for the goods. The applicable goods will be your responsibility from the time we deliver the product to the address you gave us.
6.7. When you own goods. You own the applicable goods once we have received payment in full.
6.8. Please do not arrange installation until after you have opened the product(s). Please do not schedule or commit to any third-party products or services (such as hiring electricians to install the products) until after the products have arrived and you have checked they are complete and undamaged. We will not be liable for any third-party costs (including cancellation or call-out fees) which result from the products not arriving on time or in working order.
7. Your rights to end the contract
7.1. 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, when you decide to end the contract and whether you are a consumer or 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 reperformed or to get some or all of your money back), see clause 11 if you are a
consumer and clause 12 if you are a business;
(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 7.2;
(c) If you are a consumer and have just changed your mind about the product,
see clause 7.3. 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;
(d) In all other cases (if we are not at fault and there is no right to change your
mind), see clause 7.6.
7.2. 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 (c) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) 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;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) you have a legal right to end the contract because of something we have done
7.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). 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.
7.4. When consumers do not have a right to change their minds. You do not have a right to change your mind if you have used, installed, modified or plugged in the product.
7.5. How long do consumers have to change their minds? If you are a consumer 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 which 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.
7.6. 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 your mind (see clause 7.1), 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 we accept your order. 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) reasonable compensation for the net costs we will incur as a result of your ending the contract (which is typically at least 25% of the price for the applicable product(s)).
8. How to end the contract with us (including if you are a consumer who has changed their mind)
8.1. 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) Phone or email. Call customer services on +44(0)207 164 6482 or by writing to us at email@example.com or 67 Farringdon Road, Clerkenwell, London, EC1M 3JB, England. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the form on our website.
(c) By post. Print off the form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
8.2. 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. You must either return the goods in person to where you bought them, post them back to us at 67 Farringdon Road, Clerkenwell, London, EC1M 3JB, England or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on +44(0)207 164 6482 or email us at firstname.lastname@example.org for a return label or to arrange collection. If you are 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.
8.3. 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 due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.4. 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. The costs of collection will be the same as our charges for standard delivery.
8.5. How we will refund you. 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.
8.6. 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 are able to 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.
8.7. 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 your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 8.2.
9. Our rights to end the contract
9.1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make
payment within 7 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; or
(c) you do not, within a reasonable time, allow us to deliver the products to you or
collect them from us.
9.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10. If there is a problem with the product
10.1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 44(0)207 164 6482, email us at email@example.com or write to us at 67 Farringdon Road, Clerkenwell, London, EC1M 3JB, England.
11. Your rights in respect of defective products if you are a consumer
11.1. 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 products. 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 can't 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 7.3.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
11.2. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 44(0)207 164 6482 or email us at firstname.lastname@example.org for a return label or to arrange collection.
12. Your rights in respect of defective products if you are a business and general terms
12.1. If you are a business customer we warrant that on delivery, and for a period of 12 months from the date of delivery (warranty period), any products which are goods shall:
(a) conform in all material respects with their description and any relevant specification; and
(b) be free from material defects in design, material and workmanship.
12.2. Subject to clause 12.3, if:
(a) you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty set out in clause 12.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
12.3. We will not be liable for a product's failure to comply with the warranty in clause 12.1 if:
(a) you make any further use of such product after giving a notice in accordance with clause 12.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of not following any drawing, design or specification supplied by us with the product(s);
(d) you alter or repair the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or
abnormal working conditions.
12.4. Except as provided in this clause 12, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 12.1.
12.5. These terms shall apply to any repaired or replacement products supplied by us under clause 12.2.
12.6. You are not an official re-seller. Whilst you may be purchasing our products for the basis of re-sale, you are not and are not entitled to describe yourself as one of our official resellers.
12.7. Intellectual property rights. The products are our (or our licensors’) intellectual property and nothing in these terms shall confer any licence or grant any rights in relation to in relation to the products or our trademark(s).
12.8. Indemnity. If you are contracting as a business customer you agree to indemnify us for any loss, damage or injury which occurs to any persons or property and any claims, actions and expenses or liabilities that we suffer as a result of your negligence or breach of these terms.
13. Price and payment
13.1. Where to find the price for the product. The price of the product (which includes VAT for UK customers only) will be the price indicated on the order pages when you place your order. We use our best efforts to ensure that the price of the product advised to you is correct, however please see clause 13.3 for what happens if we discover an error in the price of the product you order.
13.2. 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. For all customers ordering from outside of the UK, in line with the changes introduced since Brexit, British VAT is no longer applicable however local VAT in your residing country is liable to be paid upon delivery. Our courier acts as our customs broker and is responsible for collecting VAT and duties owed to pay onward to your residing country's tax and customs office.
13.3. 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.
13.4. When you must pay and how you must pay. We accept payment with the debit and credit cards listed on our website. 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.
13.5. Our right of 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).
13.6. 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 2.5% a year above the base lending rate of HSBC Bank plc from time to time. This interest shall accrue on a daily basis 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.
13.7. 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.
14. Our responsibility for loss or damage suffered by you if you are a consumer
14.1. 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.
14.2. 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 including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
14.3. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.4. Other losses which we are not liable for. We do not accept any liability for:
(a) loss or damage which arises as a result of any modification of the products, or
where the products being used in a manner which is inconsistent with the
instructions provided or any health or safety warnings attached to the product; or
(b) third-party costs (such as the costs of calling out or cancelling an electrician).
15. Our responsibility for loss or damage suffered by you if you are a business
15.1. Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our
employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict
15.2. Except to the extent expressly stated in clause 12.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
15.3. Subject to clause 15.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us (including any third-party costs such as the costs of calling out or cancelling an electrician); and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100 per cent of the total sums paid by you for products under such contract.
16. How we may use your personal information
17. Other important terms
17.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
17.2. 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. However, you may transfer our guarantee to a person who has acquired the product. 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.
17.3. 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 17.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
17.4. 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.
17.5. 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 at a later date.
17.6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. If you live outside of the UK, you can bring legal proceedings in respect
of the products in any applicable country.