Bristol Novelty Limited (01712605) registered at Rubie’s House, 3-4 Moses Winter Way, Wallingford, Oxfordshire, OX10 9FE (“trade.bristolnovelty.com”) owns and operate this Website. This document governs your relationship with trade.bristolnovelty.com (“Website”), www.bristolnovelty.com and www.bristolnovelty.co.uk. All references to “we”, “us” and “our” shall be deemed to be references to Bristol Novelty Limited and references to “you” and “your” shall be deemed to be references to persons placing an order via this website.
Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of trade.bristolnovelty.co.uk or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by trade.bristolnovelty.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise unless you are provided with express written consent by an authorised agent of trade.bristolnovelty.com.
Terms of Sale
By placing an order you are offering to purchase a product on trade.bristolnovelty.com and you are subject to the following terms and conditions.
All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Bristol Novelty Limited you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.
Bristol Novelty Limited retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the payment method used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
In these Conditions, unless the context requires otherwise:
1.1 ‘Buyer’ means the person who buys or agrees to buy the Goods from the Seller;
1.2 ‘Conditions’ means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;
1.3 ‘Delivery Date’ means the date when the Goods are to be delivered or collected, as specified by the Seller;
1.4 ‘Goods’ means the articles which the Buyer agrees to buy from the Seller;
1.5 ‘Price’ means the price for the Goods excluding carriage, packing, insurance and VAT; and
1.6 ‘Seller’ means Bristol Novelty Limited (Reg. No. 1712605) whose registered office is Rubie’s House, 3-4 Moses Winter Way, Wallingford, Oxfordshire, OX10 9FE.
2 Conditions applicable
2.1 These Conditions shall apply to all contracts for the Sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions, including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions. The Seller reserves the right to reject any orders for Goods with a total value of less than £100 + VAT.
2.3 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.4 All descriptions, illustrations, specifications and dimensions are approximate and are only intended to present a general guideline as to the type of Goods represented thereby. It is therefore agreed by the Buyer that Goods supplied may not comply in all respects with the description in the Seller’s catalogues and marketing material.
2.5 Goods are not supplied on sale or return basis.
3 Price and payment
3.1 The Price shall be the Seller’s price stated in their price list at the date the order is picked and packed. The Seller’s prices are subject to adjustment to take account of any variation in the Seller’s costs and accordingly the Seller reserves the right to adjust the invoice price by the amount of any increase or decrease in such costs after the price is quoted and before the Order is submitted (as applicable).
3.2 The Price is exclusive of VAT, which shall be due at the rate ruling on the date of the Seller’s invoice.
3.3 Time for payment shall be of the essence.
3.4 Delivery Costs shall be as follows (plus VAT where applicable):
Orders Outside UK Mainland: Carriage charged according to weight or volume of cartons
Additional delivery service fees shall be charged as follows:
Saturday Deliveries £7.00 + VAT
Additional Cartons after delivery is packed £4.50 + VAT
3.5 Payment of the Price and VAT together with delivery costs shall be due in full prior to the despatch/collection of Goods. Payments may be made by bank transfer, cash, credit card or cheque (made payable to “Bristol Novelty Limited”). All major credit cards accepted (except AMEX) with no additional charge.
3.6 Where the Seller agrees to dispatch the goods prior to payment, then such invoice shall be payable in full within 30 days of the date of the invoice. The seller reserves the right to charge interest on overdue invoices that shall accrue from the date when payment becomes due from day to day until the date of payment, at a rate of 4% above Bank of England base rate from time to time in force, and shall accrue at such a rate after as well as before any judgment.
4 Warranties and liability
4.1 The sale under these Conditions shall not constitute a sale by description or sample.
4.2 The Seller warrants that it has the right to sell the Goods, but otherwise all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise, are excluded to the fullest extent permitted by law.
4.3 In no event shall the Seller be liable to the Buyer for any loss of business, loss of opportunity, loss of profits, depletion of goodwill and/or similar losses or for any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses whatsoever (howsoever caused) which arise out of or in connection with this contract.
4.4 Nothing in these terms shall exclude or limit the Seller’s liability for death or personal injury resulting from the Seller’s negligence or that of its employees.
5 Delivery of the Goods and Risk
5.1 Delivery of the Goods shall take place on collection by the Buyer at the Seller’s premises.
5.2 Where the Seller has agreed to deliver the Goods to the Buyer, any delivery date given is an estimate only. Goods are delivered by third party carriers over whom the Seller has no control and therefore the Seller shall not be liable for any loss, damage or expense suffered by the Buyer or any other party by reason of any alleged delay in delivery. The Buyer shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery. The Seller shall not be liable to the Buyer for late delivery.
5.3 Risk shall pass on delivery or collection of the Goods.
5.4 It is the responsibility of the Buyer to examine the Goods on receipt. The Buyer shall be deemed to have accepted the Goods 48 hours after collection or delivery to the Buyer (as applicable).
5.5 After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
5.6 The Seller shall not accept return of the following items:
5.6.1 any glass or china goods, broken glass goods, mechanical or sale items;
5.6.2 any goods damaged in transit to the Seller from the Buyer; or
5.6.3 goods opened or used with Buyer price ticket, accordingly the Seller shall not provide a refund for such items.
6.1 Title shall pass on collection (or delivery) of the Goods unless any sums are unpaid on any account the Buyer has with the Seller and, in such case, title shall remain with the Seller until the Buyer has paid all outstanding amounts on any account with the Seller and no other sums are due from the Buyer to the Seller.
6.2 Until the title to the Goods passes to the Buyer, the Buyer shall hold the Goods and each of them on a fiduciary basis as a custodier/bailee for the Seller. The Buyer shall store the Goods separately from all other Goods in its possession and marked in such a way that they are clearly identified as the property of the Seller. The Buyer shall not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods. The Buyer shall maintain the Goods in satisfactory condition and keep them insured on the Seller’s behalf for their full price against all risks to the reasonable satisfaction of the Seller. On request the Buyer shall produce the policy of insurance to the Seller.
6.3 Until such time as title to the Goods passes from the Seller to the Buyer, the Buyer shall, upon request, deliver up such Goods as have not ceased to be in existence or resold, to the Seller. If the Buyer fails to do so, the Seller may enter upon any premises owned or occupied or controlled by the Buyer where the Goods are situated and repossess the Goods.
6.4 Notwithstanding that, the Goods remain the property of the Seller; the Buyer may sell the Goods in the ordinary course of the Buyer’s business at full market value for the account of the Seller. Until property in the Goods passes from the Seller, the entire proceeds of sale or otherwise of the Goods shall be held on trust for the Seller.
7 Remedies of Buyer
7.1 If the Buyer rejects any Goods, the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale.
7.2 The Seller shall be entitled in its absolute discretion to refund the price of defective Goods (in the event that such price has already been paid) if the Buyer notifies the Seller in writing of a defect in the Goods within 21 days of collection/delivery of the Goods and if the Goods are returned undamaged to the Seller (at the cost of the Buyer).
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this 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.
Delivery costs may be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Upon receiving your order we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law trade.bristolnovelty.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.bristolnovelty.co.uk’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with trade.bristolnovelty.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to trade.bristolnovelty.com.
You agree to indemnify, defend and hold harmless trade.bristolnovelty.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
trade.bristolnovelty.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected, all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Bristol Novelty Limited (trade.bristolnovelty.com). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Bristol Novelty Limited (trade.bristolnovelty.com).
If any term or provision of these Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if the Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled in these circumstances to delay or cancel delivery or to reduce the amount delivered
These Terms and Conditions and your use of our website are governed by English law and you agree to submit to the non-exclusive jurisdiction of the English court. This does not affect your non-excludable statutory rights.
Date of latest terms: 23 June 2020