1. Use of the Website
1.1 You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details. You must give us your real name, address, phone number, email address and any other details that we may require to process your order.
1.2 We reserve the right to:
• Decline a new customer registration or suspend a customer’s account at any time and at our sole discretion.
• Bayberry Hollow reserves the right, in our absolute discretion, to terminate your access to all or part of the services with or without notice.
• Bayberry Hollow reserves the right in our absolute discretion to discontinue the Website or services, or any part thereof, at any time, with or without notice.
2.1 Goods are subject to availability. If for any reason beyond our reasonable control we are unable to supply a particular item, we will not be liable to you except to ensure that you are not charged for that item. 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 good
3. Bulk purchase
3.1 To ensure availability of all our products, customers may be limited to a maximum number of items. Goods will not be supplied for the purposes of resale, and are only supplied for a customer’s own use as a consumer. We reserve the right to refuse orders that we consider are for commercial or non-domestic purposes or subject to onward delivery by a third party.
4. Purchase for non-domestic use
4.1 We have selected our products on the basis that they will be used for domestic use only. Where you decide to use the products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose.
5. Pricing, descriptions and product information
5.1 The prices which you must pay for the products that you order are set out on the Website at the time you place your order (plus a delivery charge). Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. If a product’s correct price is higher than the price stated on our site, we are under no obligation to supply the product to you at this price and will inform you as soon as possible to 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.
5.2 The prices quoted on this Website apply only to products sold via this Website.
5.3 All prices are shown in £s sterling and include VAT
5.4 Although we will take all reasonable care to ensure that all descriptions, details and prices of products appearing on the Website are correct at the time when the information was inputted onto the system, the information appearing on this Website at any time may not reflect the exact position at the moment you place an order.
5.5 Please be aware that the colours and appearance of our products may vary slightly from the way they appear on the screen and we cannot guarantee that your monitor screen will accurately reflect the colour of the product on delivery. All measurements and sizes are approximate, although we make every effort to ensure that they are as accurate as possible.
6. Placing an order and order acceptance
6.1 The Order Acknowledgement email and order number are not an order confirmation or order acceptance from us. Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it. Where items are despatched separately, our acceptance of the order in respect of each item takes place when that item is dispatched. Our carrier will make every reasonable effort to contact you to make delivery, but if they are unable to do so then your order will be cancelled and payment refunded to your card.
7.1 We take payment from your card at the time we receive your order, once we have checked your card details and stock availability. Payment must be made with a valid credit or debit card acceptable to us. The address at which the card is registered must be the same as your billing address. You can register a new payment card at any time, but the card associated with a given order cannot be changed once you have checked out.
7.2 To ensure that your credit, debit or charge card 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, a credit check is not performed and your credit rating will be unaffected.
8.1 We deliver to mainland UK addresses. We cannot deliver to the Channel Islands, Isle of Man, Orkney, Shetland and Scottish Islands, BFPO addresses, or the Republic of Ireland.
8.2 Due to the size and weight of some of our items, we have specific policies for larger items on delivery charges/procedures. We will provide information on this on an individual item basis.
8.3 Provided that we have processed and received payment in full for the products, ownership of an item will pass to you once we have delivered the item to you (either directly, or by leaving it in a safe place or with a neighbour). When an item has been delivered, risk of damage to, or loss of, the item passes to you.
8.4 By placing an order you are authorising us to accept signature from another person at the same address on your behalf if you are not present at the time of delivery. We will not be able deliver large items to your premises unless there is someone present to accept them.
8.5 Bayberry Hollow will be under no liability for any delay or failure to deliver the products within estimated timescales.
8.6 It is your responsibility to ensure you check access to your premises and the space available for the product before placing your order.
8.7 It is your responsibility to tell us about any special delivery requirements or access issues.
9. Cancellation, returns and refunds from Bayberry Hollow
We understand that from time to time you may wish to return a product to us.
We have created this 10 day returns policy to enable you to return products to us in appropriate circumstances.
9.1 A refund or exchange will be given on a product when:
(a) You have contacted us within 48 hours of receiving the product that you wish to return it;
(b) We receive the returned product within 10days following the date of delivery of the product;
(c) The returned product is unused, in its original, unopened packaging, with any labels, seal or shrink-wrap intact and otherwise in a condition enabling us to sell the product as new;
9.3 In order to take advantage of your rights under this returns policy, you must email us prior to returning the product. This must be done within 48 hours of the delivery date, and must include any order numbers, confirmation of your address as well as the reason why you are returning the product. Please follow this returns procedure and be mindful of Exclusions and the Improper Returns section below.
9.4 Any customised products may not be returned under this policy.
9.5 A refund/exchange will not be offered if the product has been damaged by the consumer, or if the product has been mis used beyond it’s original purpose.
9.6 Goods made to your specification cannot be returned for any reason. In exceptional circumstances, we may agree to accept returns and we reserve the right to charge a cancellation fee of 20% of the purchase price.
9.7 Some of our products have intentional imperfections which are applied to add to the feel of the products. Any product which has a ‘distressed’ look will have this detailed in the product description.
9.6 We will give you a refund for the full price of any product properly returned by you in accordance with the terms of this returns policy including the original delivery charges and excluding the costs of returning the product to us.
9.7 Where you return a product in contravention of this policy (and where you do not have any other legal right to return the product):
(a) we will not refund or exchange the product;
(b) we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product to you.
10. Evouchers and promotions
10.1 Evouchers can only be used on this Website subject to these Terms and Conditions.
10.2 Evouchers are, and remain at all times the property of Bayberry Hollow. The right to use an evoucher is personal to the original or named recipient and may not be transferred without permission. It may not be copied, reproduced or published either directly or indirectly. Evouchers distributed or circulated without our prior written approval are not valid and may be refused or cancelled. If you redeem or attempt to redeem an evoucher to which you are not entitled you may be committing an offence.
10.3 Bayberry Hollow reserves the right to cancel or withdraw any evoucher or promotion at any time without notice and without reason. If we refuse an evoucher for any reason we will inform you before the order is despatched to give you the opportunity to cancel the order.
10.4 Unless otherwise stated an evoucher may be used only by the named recipient, it may only be used as stated on the evoucher and not in conjunction with any other offer or evoucher. Evouchers cannot be exchanged for cash, gift vouchers, delivery charges (except where stated) or for a whole order.
10.5 Certain goods may not be purchased using evouchers. Any excluded goods will not count towards any qualifying condition for the use of the evoucher.
10.6 When an evoucher or other promotional offer applies to more than one product, the total value of the promotional offer or discount is split and shared across each applicable product in the correct ratio. If an item or part of the order is returned, then we will refund the relevant correct value.
12. Intellectual property
12.1 The content of the Bayberry Hollow Website is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from Bayberry Hollow.
13.1 You agree to indemnify and hold Bayberry Hollow harmless from all liabilities, claims and expenses that arise out of the content you submit, post or transmit via Bayberry Hollow Websites, or from your use/misuse of the Websites or the use/misuse by any person for whom you are responsible or from your violation of the Terms and Conditions.