Terms & Conditions

Terms and conditions

1    Introduction

1.1        This document (together with any documents referred to in it) tells you the terms and conditions (the 'Conditions') upon which we will sell the Goods to you.

1.2        'Business Day' means a day other than a Saturday, Sunday or public holiday when banks in London are open for business.

1.3        'Event outside Our Control' has the meaning given in clause 15.

1.4        'Goods' means the goods listed on our website ('the Website') which we may supply.

1.5        Before confirming your order please read through these Conditions and in particular our cancellations and returns policy at clause 11 and limitation of our liability and your indemnity at clause 13.

1.6        By ordering any of the Goods, you agree to be legally bound by these Conditions. You will be unable to proceed with your transaction if you do not accept these terms and conditions.

2    About us

2.1        Bay House Aromatics are a subsidiary of Aroma Trading Limited who own and operate this Website. Aroma Trading Limited are registered in England and Wales under company number: 2698381. Our registered office is at 1 Victoria Street, Dunstable LU6 3AZ. Our VAT Number is GB600516981.

2.2        Our telephone number is 01908 210270.

2.3        Our email address is sales@bay-house.co.uk.

3    Overseas orders

3.1        We may accept orders from individuals located outside the United Kingdom and ship overseas subject to you paying any additional shipping or postage costs in advance of despatch.

3.2        We will inform you of any additional shipping or postage costs as soon as possible after you have placed the order. If you do not wish to pay these costs you may cancel your order. If you wish to continue with the order you must confirm to us that you will pay these additional costs within 3 days of us telling you what they will be. If we do not receive this confirmation from you within this time period, we will treat you as having cancelled your order.

3.3        Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.

3.4        If we agree to supply any goods ordered from the Website for delivery outside the United Kingdom, they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including VAT and the cost of delivery. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.

4    Eligibility to purchase from the Website

To be eligible to purchase the Goods and lawfully enter into and form a contract with us, you must be 18 years of age or over.

5    Price

5.1        The prices of the Goods are quoted on the order page.

5.2        Prices and any other charges quoted on the order page are based on delivery of the Goods in the United Kingdom unless otherwise specified.

5.3        Prices quoted do not include the costs of delivery of the Goods. The costs of delivery of the Goods will be shown separately on the order page and added to the amount payable by you.

5.4        Unless otherwise stated, the prices quoted include VAT.

6    Payment

6.1        Payment can be made by most major credit or debit cards, PayPal, or by Bank transfer in advance of despatch. All Bank charges for buyers Account. All payments in UK Pounds Sterling unless otherwise agreed in advance.

6.2        By placing an order, you consent to payment being charged to your debit/credit card account as provided on the order form.

6.3        If you pay us by credit or debit card we will take payment from your card for the Goods before we despatch the Goods to you.

6.4        We will contact you should any problems occur with the authorisation of your card.

 

7    Order process and formation of a contract

7.1        Our Website merely illustrates our Goods and the packaging of the Goods. Your computer may not accurately display the colours of the Goods. Although we aim to accurately depict our Goods and their packaging, there may be differences between the packaging and the colours of the Goods delivered to you and those shown on our Website and in our catalogue and brochure.

7.2        All orders are subject to acceptance and availability. If we are unable to supply you with any of the ingredients in your order, we will notify you in the first instance. We will proceed with the order only after securing your approval to do so, and will refund the cost of the missing ingredients before despatch.

7.3        If the Goods are temporarily unavailable, we will notify you by email of the date they are expected to be available. You will have the option either to wait until they are available or to cancel your order. If you cancel your order, we will refund any sums you have paid us.

7.4        Any order placed by you for the Goods constitutes an offer to purchase them from us.

7.5        You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Goods.

7.6        A 'Confirmation Notice' means an email which we send to you to confirm that we have dispatched the Goods. A Confirmation Notice will be our acceptance of the offer made in the order to which that Confirmation Notice relates.

7.7        A contract between you and us for the supply of the Goods (the 'Contract') incorporating the version of these Conditions in force at the time of your order will come into existence when we send you the Confirmation Notice relating to your order. You may print and keep a copy of the Confirmation Notice for future reference.

7.8        If you think that there is a mistake in the Confirmation Notice or if you wish to make any changes, please contact us immediately. Once the order clears the payment portal, we cannot make any additions to the order.

7.9        We may make

7.9.1           minor technical adjustments to the Goods to improve them or to comply with relevant laws and regulatory requirements,

7.9.2           changes to these Conditions as a result of changes in any relevant laws and regulatory requirements,

7.9.3           changes to these Conditions as a result of changes in how we accept payment from you,

7.9.4           Changes in the amount payable by you to the extent of any changes in the VAT included in the price or payable in relation to the price.

7.10     If we make any changes in accordance with clause 8.9 we will give you written notice of the changes before we supply the Goods. You can choose to cancel the order if the change would be significantly to your disadvantage.

7.11     Any variation to these Conditions which have been incorporated into the Contract or to the Contract other than those mentioned in clause 8.9 shall only be binding when agreed in writing and signed by you and us.

8    Delivery

8.1        The Goods will be delivered to you at the address you provided during the order process. If you want the order sent to a different address, please enter these details in the ‘Ship to address’ column.

8.2        The Invoice address must match the billing address on your card.

8.3        Any dates quoted for despatch of the Goods are approximate only. If no date is specified then it will take place as soon as reasonably possible, but in any event within 1 - 5 days of the date of the Confirmation Notice, unless there is an Event outside Our Control, in which case clause 15 shall apply.

8.4        If you have agreed to collect the Goods from our premises,

8.4.1           Delivery shall occur at our premises when we hand the Goods to you.

8.5        Unless clause 9.5 applies, if we have agreed to deliver the Goods to a delivery address which you have given us, delivery shall occur when we place the Goods in the physical possession of you or anyone you have identified to us as the person authorised by you to take delivery of the Goods.

8.6        If you have asked us to use an independent carrier other than our normal carrier to deliver the Goods to you, delivery shall occur when we deliver the Goods to that carrier.

8.7        You must examine the Goods within a reasonable time after arrival and let us know within 72 hours if they are faulty, damaged or not as described.

8.8        If no one is present at your delivery address to take delivery, we will advise you of our attempted delivery. You must then contact the haulier to make alternative arrangements for them to deliver the Goods.

8.9        We may end the contract with you and charge you for any extra storage costs we have incurred if

8.9.1           We have agreed to deliver the Goods, you have not been available to take delivery on the date we agreed to deliver them, and we have not been able to re-arrange delivery within 5 Business Days of the original delivery date.

8.10     For Christmas deliveries, we recommend that you check the Website for the last order date. We will endeavour to dispatch all Goods that are in stock within 24 hours. However, we cannot guarantee delivery by 24 December.

9    Risk and title

9.1        The Goods will be at your risk from the time of delivery.

9.2        Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of them including VAT and the cost of delivery.

10 Cancelling your Contract and returns

10.1     Cancelling before Confirmation Notice

10.1.1        You may cancel your order for the Goods by notifying us of your decision to cancel at any time prior to us sending you a Confirmation Notice.

10.1.2        You may notify us of your decision to cancel by:

10.1.2.1         Completing a cancellation form found on our Website, printing it and emailing it.

10.1.2.2         Sending a statement saying that you wish to cancel quoting your name, address, the name or a description of the Goods and your order reference number by Email to sales@bay-house.co.uk. We will not accept verbal instructions.

10.2     Cancellation after Confirmation Notice

10.2.1        The 'Cancellation Period' means the period between the dates we send you a Confirmation Notice and the expiry of 7 calendar days after the day you receive the Goods.

10.2.2        Subject to clause 11.5, you may cancel the Contract at any time during the Cancellation Period by notifying us in writing by email of your decision to cancel.

10.2.2.1         sending a statement saying that you wish to cancel quoting your name, address, the name or a description of the Goods and your order reference

10.3     Return of Goods

10.3.1        Upon receiving notice of your cancellation, we will contact you and provide details of where you must return the Goods and other relevant instructions. You must then return the Goods to us without delay and at the latest within 5 days of notifying us of your cancellation.

10.3.2        You must return the Goods at your own risk and at your own cost unless we offer to pay the cost of return. We encourage you to use recorded delivery of secure a proof of receipt to cover against loss or damage in transit back to us.

10.3.3        If the value of the Goods is reduced as a result of your handling of them beyond what is necessary to determine the nature, characteristics or functioning of the Goods, we will be entitled to claim this reduction in value from you and to deduct it from any money which you have paid us.

10.4     Refunds on cancellation

10.4.1        So long as you are entitled to cancel and have complied with your obligations under clauses 11.2 and 11.3, we will refund you the balance of the price and any standard delivery costs you paid to us after deducting:

10.4.1.1         any reduction in the value of the Goods in accordance with clause 11.3.3; and

10.4.1.2         Any cost to us of collecting the Goods (if applicable).

10.4.2        If the Contract is for the supply of goods only, we will refund you the sum in clause 11.4.1 within 14 days after the earlier of:

10.4.2.1         the day on which we receive the Goods back from you, or

10.4.3        If the Contract is for the supply of goods only, or for goods and services with the main purpose being the supply of goods and we have agreed to collect the Goods from you, we will refund you the sum in clause 11.4.1 within 14 days of our receipt.

10.4.4        We will refund you the sum in clause 11.4.1 using the same method of payment used by you.

10.5     Exception to the right to cancel

You will not have a right to cancel in the following situations:

10.5.1        The Contract is for goods which are bespoke or have been personalised or which may deteriorate (such as specially purchased product, handmade blends).

10.5.2        The Contract is for goods and/or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by us.

10.5.3        The Contract is for the supply of sealed goods which are not suitable for return due to contamination or hygiene reasons and they have become unsealed after delivery.

11 Complaints

If you have a comment, concern or complaint about any Goods you have purchased from us, please contact us by email at sales@bay-house.co.uk only. All comments must be in writing

12 Liability and indemnity

12.1     We have a duty to supply Goods to you that conform to the Contract including a duty to ensure that

12.1.1        the Goods are as described in the contract

12.1.2        the Goods correspond to any samples we have sent you

12.1.3        the Goods are fit for any purpose you specifically told us they were required for, and are not faulty

12.2     We cannot exclude our liability for a failure to comply with these duties mentioned in this sub-clause. Nothing in these Conditions affects your legal rights if these duties are not complied with. You can obtain advice about your legal rights from Citizens Advice if you need to.

12.3     We cannot exclude or limit our responsibility to you for:

12.3.1        Death or personal injury resulting from our negligence or the negligence of our employees

12.3.2        Fraud or fraudulent misrepresentation

12.3.3        A claim for a defective product against us if we do not give you the name of the person who supplied the product to us within a reasonable time of your request for us to do so.

12.4     You are purchasing the Goods as a consumer. If you purchase the Goods for any business purpose including for re-sale, we will not be liable for any business losses, loss of profits, loss of contracts, loss of business opportunities, loss of management time, loss of business data or losses due to interruption of your business. It is automatically assumed you have knowledge of the product you are buying and will handle / use the ingredient(s) responsibly and in a safe manner.

12.5     We will not be responsible for any delay in delivering the Goods if

12.5.1        we have asked you to provide specified information that is necessary for delivering the Goods and

12.5.2        You have failed to provide complete and accurate information or you have provided such information later than the date we have asked you to supply it by.

13 Events outside our control

13.1     Except for our obligations under this clause, we shall not be responsible for delays or failures in delivery or performance of our obligations to you resulting from any act, event, omission, failure or accident outside our reasonable control ('Event outside Our Control').

13.2     We will take all reasonable steps to minimise a delay in performing our obligations to you which arises from an Event outside Our Control.

13.3     We will promptly notify you of any Event outside Our Control which prevents us from or delays us in performing our obligations to you, giving details of it and (where possible) the extent and likely duration of any delay.

13.4     Our performance will be deemed to be suspended for the period that the Event outside Our Control continues.

13.5     You may end the Contract after we have notified you of an Event outside Our Control and we will then refund you any money you have paid to us under the Contract for the Goods which we have been unable to deliver to you.

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