Terms and Conditions

Definitions

"Force Majeure" means any event affecting the performance by Bags and Beads of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.

"Bags and Beads", "we' or "us" means Bags and Beads of 77 Hermitage Road Hale Altrincham WA15 8BW

"Working days" means Monday to Friday, excluding Bank or other Public holidays.

Orders

All contracts of online sale made by Bags and Beads shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms.
By submitting an order, you are making an offer to purchase goods which, if accepted by Bags and Beads, will result in a binding contract. We will initially confirm receipt of your order by email indicating the order is being processed. Acceptance of your order will be subsequently confirmed by sending an email advising your order has been despatched. All orders are subject to acceptance and to availability of the goods ordered. We are entitled to refuse any order placed by you until we have expressly accepted it. This may happen, for example, if an item is not in stock or is otherwise unavailable. Bags and Beads will inform you of any cancellation as soon as possible following receipt of your order .
You undertake that all details you provide to us for the purpose of purchasing goods or services offered on our web site are correct.

Prices

Prices are correct at time of publishing and include VAT where applicable.
It may be necessary to change prices either up or down, from time to time, including any alterations to the rate of VAT. Any price changes will be confirmed to you at the time of ordering.

Delivery, Title and Risk

Any date stated for delivery is an estimate only. Bags and Beads makes every effort to despatch goods on time, but does not accept liability for failure to deliver within the stated time
If Bags and Beads is unable to despatch the goods within 28 days of the date of order, you will, as your sole remedy, be entitled to cancel the order and require any monies paid to Bags and Beads in respect of that order to be refunded. In order to cancel, you must send written notice of cancellation to Bags and Beads after the 28 day period, but before delivery of the goods or notification from Bags and Beads that the goods are ready for delivery or have been dispatched. Where part of an order has been despatched within 28 days only the undelivered items may be cancelled.
Bags and Beads does not accept liability for shortages or damage to deliveries unless you notify Bags and Beads of the shortage or damage by phone or email within 4 working days of receipt of the delivery and return the goods within 7 working days of receipt.
Delivery is deemed to take place when the goods are delivered to your nominated address. Ownership of the goods, all risk associated with the goods including loss, breakage and damage and all other risks shall pass to you on delivery.

Payment

Payment can be made by any major credit or debit card (with the exception of American Express credit cards) on our website or over the phone or by cheque. In all cases, despatch of orders will take place following receipt of cleared funds in our account.
You confirm that you are entitled to pay using the credit or debit card details supplied to us.
All credit or debit card holders are subject to validation checks and authorisation by the card issuer and we may share your personal information with such parties as are necessary to enable us to do such checks. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.

Product Specifications

While every effort has been made to portray items accurately, slight variations may occur.
All measurements quoted are approximate and the reproduction of colours is as accurate as photographic and publishing processes will allow.
Please note there may be variations in colours dependent on the calibration and settings of individual screens.
Images of jewellery items are for sample purposes only. Bags and Beads reserves the right to supply products subject to variations in actual dimensions and specifications, without prior notice, as the items are made individually by hand and slightly differ according to the selection of beads used.
If Bags and Beads cannot supply the goods ordered, we reserve the right to offer goods of equal or superior quality at no extra cost. In such a case, if you do not wish to accept the alternative goods offered, you may cancel the order (within 7 working days of receiving the goods) and will be entitled to a refund of any money paid to Bags and Beads in respect of that order. This shall be your sole remedy in these circumstances.

Returns of unwanted and damaged goods

Bags and Beads is committed to providing our customers with the highest quality products and service. In the unlikely event that items are found to be faulty or defective, we offer a refund provided the goods are returned to us within 7 working days of receipt of delivery. We ask that in the case of damaged goods you notify us by phone or email as soon as possible and at the latest within 4 days of receipt of the delivery.
In the event that Bags and Beads makes a refund it will be made as soon as possible but in any event within 30 days of return of the goods, provided that the goods are in the same condition as they were when delivered to you.

Force Majeure

Where, in spite of its reasonable efforts, Bags and Beads is unable to perform an obligation due to Force Majeure, we shall not be deemed to be in breach of this Agreement.

Copyright

the design of all items shown on this website is subject to copyright. Under no circumstances may you re-use any of the information on this site, and no copying of the designs is permitted.
You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Bags and Beads site and products shown or sold on the Bags and Beads site are owned by, or exclusively licensed to, us. No-one may copy, distribute, show in public or create any derivative work from the Bags and Beads site, any product shown or sold on the Bags and Beads site or any of the material which is found on the Bags and Beads site unless properly licensed to do so by us.

Errors and Omissions

Bags and Beads makes every effort to ensure that all prices and descriptions quoted on its website are correct and accurate. However it is inevitable that mistakes will occasionally occur. In the case of an error or omission that has an effect on a customer's order, Bags and Beads will contact the customer to inform them of the error and include the correction in the invoice.

Limitations on Liability

These provisions set out our entire financial liability to you in respect of any breach of these conditions, any use or resale by you of the goods, and any representation, statement or tortious act or omission including negligence arising under or in connection with this Agreement.
All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.
Bags and Beads shall not be liable to you for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this Agreement.
Subject to the provisions of this clause above, Bags and Beads' total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement, shall be limited to the price of the goods supplied under this Agreement.
Nothing in these conditions excludes or limits our liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation or for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.
Every effort is made to ensure that this website is free from viruses and defects however, this cannot be guaranteed.
Bags and Beads shall not be liable to any person for loss or damage which may arise as a result of any failure by you to protect your password or account. You are responsible for the confidentiality of your password and account and any activities that occur under your account.
Bags and Beads shall not be liable to any person for loss or damage which may arise to computer equipment as a result of using this website.

Waiver

If you breach these terms and 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.

General

Nothing in these terms and conditions affects your statutory rights.
If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
Any waiver of a breach of this Agreement must be in writing.
Any variation of this Agreement must be in writing and signed by Bags and Beads.
The headings are for convenience only and shall not affect the interpretation of this Agreement.
Any notices given under this Agreement shall be in writing and sent:
- by first class pre-paid post to the last known address of the party; or
- by fax to their last known fax number; or
- by e-mail to the last notified e-mail address of the party.
The notice shall be deemed served:
- two working days after posting; or
- upon receipt of a successful fax transmission report; or
- after system confirmation of e-mail delivery
These terms and conditions shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
Bags and Beads reserves the right to change or amend these terms and conditions at any time and without prior notice.

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