TERMS AND CONDITIONS OF USE
As with all terms and conditions, what you are about to read is a bit technical and detailed and we are sorry if they sound very stiff and formal. However they are fairly standard and are based on a SEQL legal template. Our aim is to make your visit to our website and your e-shopping experience as secure and as simple as we can.
By placing an order with us, you are agreeing to accept these terms and conditions (The Conditions).
Please note, these terms and conditions can potentially change at any time, and it is up to you to check these terms and conditions regularly before ordering products in case there are any changes. If you do not agree with the terms and conditions set out below, you should not use or access this website.
If you have any queries relating to our terms and conditions, please contact Binky Bear LLP using the contact details at the foot of our Home Page and please do this before placing an order.
Binky.bear.co.uk is the website of Binky Bear LLP, South Lodge, Bishops Sutton, Alresford, SO24 0AN,
Partnership number: OC363832
The following terms and conditions will apply between you and Binky Bear LLP, when you buy an item from binkybear.co.uk. The terms do not affect your statutory rights.
Your contract for purchases made through binkybear.co.uk is with binky.bear.co.uk and you undertake that all goods ordered by you are for your own private and domestic use only and are not for resale.
You must be eighteen years old or older to use this site. If you are under eighteen, you may only use this site with the agreement of, and under the supervision of, a parent or guardian. If you do not qualify, please do not use this site.
You warrant that all details you provide to binkybear.co.uk for the purpose of ordering or purchasing goods are true, accurate, current and complete in all respects; and that the credit or debit card you are using is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered.
YOUR RESPONSIBILITIES IF YOU BREAK THESE CONDITIONS
You agree that if you break these Conditions, or any liabilities are incurred arising out of your use of this website, you will be responsible for the costs and expenses that we or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable). You will remain liable if someone else uses your shopping account and/or personal information unless you can prove that such use was fraudulent.
When placing an order, you agree that any and all information given is accurate and complete.
All orders are subject to acceptance and product availability.
All prices listed on binkybear.co.uk are correct at the time of entering the information, however, we reserve the right to change prices of any product at any time. There is no added sales tax.
No contract for the sale of any product will exist between you and binkybear.co.uk until we accept your order by dispatching the product to you. When this happens we will confirm the acceptance by sending you an email
This confirmation email will be sent to the email address given in your order form and will detail products ordered, payment method, cost, the postage you are charged and an estimated delivery time.
You must check all the details on this confirmation email are correct and contact us as soon as possible if any details are incorrect.
If your order has not been accepted, you will receive an email from us telling you the reasons why.
Discount vouchers, codes and offers cannot be used on sale products.
The delivery period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order.
All deliveries are by second class post.
If your delivery address is outside the UK, you will need to contact us to agree a price for postage and there may be additional import duties and taxes, which are levied once a shipment reaches your country. You must meet any additional charges for customs clearance. Please note, customs policies vary widely from country to country. We recommend you contact your local customs office for further information.
Please note international shipments may be subject to cross-border inspections by customs authorities.
If you haven’t submitted an order, you may clear the items in your shopping basket at any time by clicking the ‘Remove’ button next to the product you do not wish to purchase in you shopping basket.
If you have placed an order but then wish to change or cancel it, please contact us as soon as you can. We will try our best to make any changes but we cannot guarantee that we will be able to do so as the order may already have been processed. In such cases, you may have to wait until you receive the order and then follow the normal Returns procedures.
Once we've heard from you that you wish to cancel an order, any sum debited to us from your paypal account or credit card will be re-credited to that credit or debit account within 30 days of your order, provided the goods you return are in the same condition that they were when delivered to you. You will be liable to any charges incurred when returning the goods to binkybear.co.uk, unless the return is as a result of an error by us.
If you are in the European Union and you cancel your order within seven days after the day you get your goods, and you cancel the whole order, we will refund the standard postage and packing costs you paid as part of that order, in accordance with the Distance Selling Regulations. You will have to pay the costs of sending the order back to us. We will not refund any postage and packing charges if you cancel after the seven days allowed under the Distance Selling Regulations or if you only cancel part of your order (although you still have three months to return your goods and receive a refund for the cost of the goods).
You can cancel this contract if you so wish, provided that you exercise your right to do so within seven working days after the day on which you receive the products. If you wish to cancel your order, please contact us as soon as you can
You may return most items sold by binkybear.co.uk within 3 months of receipt from the date of dispatch for a full refund.
Binkybear.co.uk will be happy to exchange for the same item most products that are damaged, faulty or incorrectly shipped through any circumstance that is in our error within 6 months from the date of dispatch.
Binkybear.co.uk will not pass on your personal, credit or debit card details to any third party.
We will never ask for personal details via email. If you receive an unsolicited email asking you for your personal details, please contact us immediately using the contact details at the foot of our Home Page.
We do not accept liability (except as set out below) for any errors and/or omissions contained in our website and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice.
If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product that was advertised at an incorrect price. In the event that you order an item and the price published on binkybear.co.uk is incorrect for any reason, we will email you to inform you that we have not accepted your order, and that your order has been cancelled. You will be advised of the correct price of the subject product. You may re-order it if you wish. If you have already paid for the goods in the circumstances described in this clause, we shall refund the full amount within 30 days of the date of order. Should you choose to re-order you must carry out a separate transaction.
In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify us of the problem in writing at the address stated in the confirmation email within 10 working days of delivery of the goods plus return the goods to us, unless we inform you that return is not necessary. This provision does not affect your statutory rights.
We have taken every measure to provide accurate product images for each product for sale on the site. However, due to a number of different factors such as Internet browsers, monitor colour contrasts etc, we cannot be held responsible or liable for any differences in colour between the image and the actual product.
The products sold on binkybear.co.uk are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from binkybear.co.uk.
We have taken every measure to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers.
We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
We make no warranty that the Website will meet your requirements or will be uninterrupted, 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. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:
Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
Any loss of goodwill or reputation; or
Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees
All rights, including copyright, in the content of the binkybear.co.uk web pages are owned or controlled by Binky Bear LLP. In accessing binkybear.co.uk web pages, you agree that you may only download the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the binkybear.co.uk web pages for any other purpose whatsoever without the prior written permission of binkybear.co.uk .
THIRD PARTY INFORMATION
We can not be held responsible for material displayed on third party websites or any other written material. The only prices that apply for Binky Bear LLP products are those stated on binkybear.co.uk. We can not vouch for the reliability of prices stated on other online retail sites or through other third party.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Binky Bear and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation except where that representation has been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.