Terms and Conditions
Welcome to the boowsandwhistles.co.uk website. Bows & Whistles (B&W) is the mail order and internet trading division of P.P.Enhancements Limited (PPE).
These terms and conditions apply to orders placed with PPE and its trading division B&W (“Terms and Conditions”). References below to B&W shall be deemed to refer to both B&W and PPE.
These Terms and Conditions apply to all orders howsoever placed, including but not limited to orders placed through the B&W website (the “Website”), orders placed over the telephone, orders placed by purchase order, by e-mail, or by fax. By accessing the Website and/or placing an order you agree to be bound by the Terms and Conditions. If you do not agree to be bound by these terms and conditions you may not use or access the Website.
The Terms and Conditions shall supersede and apply to the exclusion of any terms and conditions attached to a purchase order or e-mail, or any other terms issued by a customer.
You warrant that:
The personal information which you are required to provide when you register as a customer or place an order with B&W is true, accurate, current and complete in all respects. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
Order acceptance and the completion of the contract between you and B&W will take place on the dispatch of the products ordered by you, unless we have notified you that we do not accept your order or you have cancelled your order. Reasons for non-acceptance of an order may include, but are not limited to, the following:
- The product you ordered being unavailable from stock
- Our inability to obtain authorisation for your payment
- The identification of a pricing or product description error
If there is a problem with your order then you will be contacted by one of our customer services representatives.
The sales contract is completed in England, and is subject to English law. We reserve the right to reject any offer to purchase by you at any time.
The technical steps required to create the contract between you and B&W are as follows:
You place the order for products on the website by pressing the submit order button at the end of the check-out process. You will be guided through the process of placing an order by a series of simple instructions on the website. We will send to you an order acknowledgement email. This is not an order confirmation or order acceptance from B&W.
Alternatively, orders may be placed by telephone, by fax, by e-mail or by purchase order (subject to our minimum order requirements for purchase orders).
Order acceptance and the completion of the contract between you and B&W will take place on the dispatch to you of the products ordered, unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions in the “Cancellation and Returns” section below.
You agree to fully indemnify, defend and hold us, our officers, directors, employees, agents and suppliers harmless immediately on demand from and against all claims, liability, damages, losses, costs and expenses (including but not limited to legal fees) arising out of any breach of these Terms and Conditions by you or any other liabilities arising out of your use of the Website or our products, or the use by any other person accessing the Website using your shopping account and/or your personal information.
We reserve the right to:
Modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of this website; and/or change these Terms and Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change.
It is your responsibility to check regularly to determine whether these Terms and Conditions have been changed. If you do not agree to any change to these Terms and Conditions then you must immediately stop using the Website.
Limitation of Liability
Whilst we will use reasonable endeavours to verify the accuracy of any information we place on the Website, and information contained in any correspondence (including e-mail, quotations, pro-formas, mail, or verbal communication), we make no warranties, whether express or implied, in relation to the accuracy of information supplied.
The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website or any transaction that may be conducted on or through the Website or as a result of information contained on the Website, including but not limited to implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
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 Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or 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 available on the Website, or products supplied during the course of our business. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
We will not be liable, whether in contract, in tort (including, without limitation, negligence), in relation to pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Terms and Conditions for; any economic losses (including but not limited to 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 you or any third party arising out of or in connection with the provisions of any matter under these Terms and Conditions.
Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
At B&W we are committed to giving you the best possible products, prices and service. B&W makes every effort to ensure that your goods are delivered within the specified delivery times by using accredited delivery agents. However, our delivery service times or scheduled delivery days are not guaranteed.
Non-delivery should be notified to us within 14 days of order confirmation. Customers in the Scottish Highlands should allow at least one extra day for delivery. All deliveries, where appropriate, must be signed for by the customer or by a person acting on behalf of the customer. Customers requesting products to be left without signature do so entirely at their own risk and B&W will not be liable for any claim for missing items once they have been left by our approved delivery agent.
Should any product purchased from B&W be found to be damaged upon delivery* or faulty then we will be pleased to arrange replacement or a refund for the item purchased. Please note that where there is no obvious damage to goods from the external packaging, all deliveries must be inspected. Any damage to the goods discovered once the goods have been unpackaged must be notified to us within 7 calendar days.
* If goods are found to be damaged upon delivery, where appropriate they must be signed for as damaged.
Ownership of Goods
All goods supplied remain the property of PPE until cleared or authorised payment is received by PPE.
Cancellation and Returns
1.) Cancellation and Returns for private consumers
In the event of a private customer purchasing an item by mistake or simply not requiring the item from B&W you should notify us in writing either by post, by e-mail or by fax, that you intend to return or refuse delivery of an order (you must notify us within the period of 7 calendar days beginning on the day on which your order is delivered). We will be pleased to arrange for replacement or refund, provided that the item/s are in new and unused condition and contained in original undamaged packaging. Please note that the standard delivery element (if any) of the outgoing carriage will not be refundable.
It will be the responsibility of the customer to pay the return costs of the unwanted item/s by courier or signed-for mail.
For customers not wishing to make their own arrangements to return items which they do not require, we can instruct a courier on their behalf to collect from their premises. The charge for this service for Mainland UK (Excluding Scottish Highlands) is £25.000 for each consignment. For the Scottish Highlands, and those postcodes shown in our carriage charges at a higher rate, the cost for return is the same as the delivery cost plus £12.00.
Should our courier not be able to collect goods owing to no-one being available at the collection address on the pre-arranged day of collection, full charges will apply and additional charges will be incurred should you require a further collection attempt.
This statement does not affect your statutory rights as a consumer.
2.) Cancellation and Returns for businesses
Businesses purchasing from PPE do not have the option to return goods for a refund. We may consider the return of goods for credit by arrangement. A re-stocking charge may be applied.
If there is a manufacturing fault with your product we will offer you a replacement or refund for the item/s (this does not apply to certain clearance items sold as grade 2 products). In all cases we reserve the right to inspect the product and verify the fault.
Please note that products may only be used for their intended purpose and that “wear and tear” or component failure created in those purposes will not be accepted as a fault with the product.
We will not be liable for any economic losses (including but not limited to 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 as a result of a faulty product.
We do not cover faults caused by accident, neglect, misuse or normal wear and tear.
This statement does not affect your statutory rights as a consumer.
After-sales care and complaints
In the event that you have any questions regarding your order after the contract has been concluded, or should you wish to make a complaint about your order, then such communications can be made by telephone (please call 01566 777 345), by e-mail to firstname.lastname@example.org, or in writing to the following address:
Bows and Whistles
Wolf Valley Business Park
All sizes shown on our website are for guidance only, and dimensions may be rounded to the nearest 5mm from the imperial size in which they are made. For example, most products described as 30cm may in fact measure 30.5cm which is equal to 12 inches imperial. All products should be accurate to within 10% of their stated measurements. If measurement is critical, then please contact our sales office before purchase. All products should be checked by the customer before use or sale.
Product colours may differ from the images on the Website as they may be supplied or manufactured from different batches or suppliers. If colour matching is critical then please contact us.
In the event that any clause or part clause of these Terms and Conditions is found by the Court to be illegal, invalid, or unenforceable then that provision will be removed from these Terms and Conditions and will be rendered ineffective without, as far as is possible, modifying any other clause or part clause of these Terms and Conditions which will remain in full force.