BANDSTORES — TERMS AND CONDITIONS OF SALE (COMPLETELY INDEPENDENT DISTRIBUTION LIMITED)
These are our Terms and Conditions of Sale. See also our Terms of Website Use.
1. Definitions and Interpretation
1.1 These are the Conditions on which we supply Goods to you. “We”, “us”, “our”, or any other similar expression, means Completely Independent Distribution Limited, a company registered in England and Wales trading as Completely Independent Distribution Limited. Our company registration number is 08083910 and our registered office is at
1 Brook Street
Leicester LE8 6LA
“You”, “your” or any other similar expression, refers to you, our customer who is purchasing Goods from us through our Website bandstores.co.uk.
1.2 Please read these Conditions carefully before you submit your order to us as they tell you who we are, how we will provide Goods to you, how you and we may change or end the Contract, what to do if there is a problem and other important information.
1.3 In these Conditions, the following words and phrases shall have the following respective meanings:
“Conditions” means these Terms and Conditions.
“Contract” means the contract between you and us for the supply of Goods in accordance with these Conditions.
“Goods” means the Goods sold by us through our Website.
“Order” means your order for Goods through our Website.
“Pre-order” means an Order for Goods that are not yet available for general sale on our Website and the expression “Pre-order Item” should be read accordingly.
“Website” means our website http://russellhoward.firebrandstores.com/.
1.4 "Writing" includes emails. When we use the words "writing" or "written" in these Conditions, this includes emails.
2. Access to and use of our site
3. Our Contract
3.1 Our Website will guide you through the Order process. Before submitting your Order you will be given the opportunity to review it. Please ensure that you have checked your Order carefully before submitting it to ensure that it is complete and accurate in all respects.
3.2 In order to confirm your Order, you will be asked, and will need, to accept these Conditions. Our acceptance of your Order will take place when we email you to accept it, which is when the Contract shall come into force. Each Order that you place with us shall form the basis of a separate Contract.
3.3 If we are unable to accept your Order, we will contact you in writing and will not charge you for the Goods. This might be for a variety of reasons, including (without limitation) because the Goods are out of stock, because we have identified an error in the price or description of the Goods or because we are unable to meet a delivery deadline you have specified in the Order process.
3.4 If we are unable to accept your Order because the Goods are out of stock, we will contact you in writing and refund the value of the out of stock Goods together with the related shipping costs and if applicable, we will supply you with the remainder of your Order in relation to the Goods which are still in stock.
4.1 All Goods advertised on our Website are subject to availability.
4.2 The images of the Goods on our website are provided purely as an illustration. Although we have made every effort to display the colours, dimensions and other features of the Goods accurately, we cannot guarantee that such features appearing on any illustration reflect the Goods with complete accuracy. Your Goods may therefore vary slightly from those images.
4.3 Product, prices and any relevant technical requirements are subject to change at any time without notice. We shall not be liable if the manufacturer makes any changes to the Goods.
4.4 Although we have made every effort to 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 and refund any amount paid by you.
5.1 Pre-order Items are clearly identified on the Website.
5.2 Where possible and subject to availability, Pre-order Items will be shipped to you as soon as practicable so that you may receive them on the release date indicated to you on the relevant page of our Website during the Order process.
5.3 All release dates are set by manufacturers and are subject to change. As a result, we cannot be liable for any changes to product release dates advertised on our Website.
5.4 Subject to Clause 6.1, you may cancel a Pre-order at any time prior to our notice to you that the Pre-order has been despatched. We reserve the right to cancel Pre-orders for any reason before the Pre-order is despatched and we will contact you in writing if this is the case.
6. Your rights to amend the Contract
6.1 Once we have accepted your Order, you cannot change it without our consent. If you wish to make a change to your Order, for example to add or remove any Goods, or if you wish to cancel the Contract, you must contact us in writing and request such changes before we notify you that the Goods have been despatched.
6.2 We do not have to agree to any changes that you request. If we do agree to any changes, we will let you know whether it will have an effect on the cost or timing of the supply of Goods, and this will constitute a counter-offer from us. If you do not wish to go ahead with the change or do not respond to our counter-offer within a reasonable amount of time, we will not have to honour the change and the original terms of the Contract will continue to apply.
7. Pricing and payment
7.1 The price of the Goods (which includes VAT) will be the price indicated on the relevant pages of our Website when you place your Order.
7.2 We take reasonable care to ensure that all prices advertised on our site are correct and we reserve the right to change any prices advertised on our site and to add, alter, or remove special offers on our site from time to time.
7.3 Payment may be made by the methods indicated on our Website from time to time.
7.4 We only accept payment in UK Pounds Sterling. If you choose to make a payment in a foreign currency, the payment will be taken in UK Pounds Sterling and your bank or payment card issuer will determine the relevant exchange rate. You are responsible for any additional processing or administration charges which your bank may impose on the transaction.
7.5 Payment for Goods and any related delivery or shipping charges must always be made upon entering into the Contract and you will be required to make payment for the Goods in full during the Order process. We will not deliver any Goods to you until we have received payment in full for the Goods and any applicable delivery charges.
8. Delivery, Risk and Ownership
8.1 Delivery options and related charges will be presented to you on our Website as part of the Order process before you place your Order.
8.2 Goods delivered to destinations outside the UK may be subject to local import taxes, fees, customs duty, levies or other charges which will be calculated and presented to you during the Order process. You shall be responsible for any such charges.
8.3 The Goods contained in your Order may also be subject to additional duties, taxes or levies on importation. These duties or taxes are levied once the Goods reach the country of destination and you are responsible for any such costs incurred to receive your Order.
8.4 Due to customs, legal, regulatory and certain practical restrictions applicable to Orders placed for delivery outside the UK, some of our Goods may not be available for delivery to certain destinations outside the UK. If we are unable to deliver the Goods to the location provided in the Order for this reason, we shall contact you and give you the option to terminate the Contract or change the items in the Order.
8.5 We aim to deliver the Goods to you on the date specified in the Order and will send an email to the address provided to us in the Order process to inform you that the Goods have been despatched. All delivery dates are estimates only and we cannot warrant that your Goods will be delivered within a specified timeframe. If no delivery date is specified in the Order, we will contact you with an estimated delivery date.
8.6 Subject to Clauses 5.2 and 5.3, Orders consisting of Pre-order items and non-Pre-order Items, will be shipped for the release date indicated on the relevant page of our Website for the Pre-order item.
8.7 If the supply of Goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Goods you have paid for but not received.
8.8 If no one is available at the address specified in the Order to take delivery of your Order and the Goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Goods from a local depot.
8.9 If after a failed delivery to you, you do not re-arrange delivery for the Goods or collect them from a specified delivery depot we will contact you for further instructions and may charge you for any reasonable storage and additional delivery costs incurred. If despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 11.1 will apply.
8.10 The Goods will be your responsibility and you will own the Goods from the time that we deliver the Goods to the address you gave us during the Order process.
9. Faulty, damaged or incorrect Goods
9.1 We are under a legal duty to supply Goods that are in conformity with this Contract. Nothing in these Conditions will affect your legal rights.
9.2 In the unlikely event that you experience a fault or defect with the Goods or have any questions or complaints about the Goods, please contact us.
9.3 We, or the manufacturer will not be responsible for any failure or defect in the Goods:
9.3.1 where the failure arises because you did not follow any instructions issued by us or the manufacturer in relation to the Goods (such as use, storage or maintenance);
9.3.2 where the failure arises because we have followed any express instruction given by you;
9.3.3 if you alter or repair the Goods without the written permission of us or the manufacturer;
9.3.4 if the failure arises as part of the normal ageing process, or as a result of fair wear and tear, intentional damage, negligence, or unusual conditions; or
9.3.5 where the Goods differ from their description as a result of changes we, or the manufacturer have made to ensure they comply with any legal or regulatory standards.
10. Ending the Contract and Refunds
10.1 As you have purchased the Goods online, you have the legal right to change your mind within 14 days of receipt and receive an exchange or refund. We may choose to extend this period at any time and if we do so, we will communicate this to you via our Website.
10.2 Any items returned to us in accordance with Clause 10.1 must be returned to us in their original condition with any labels still attached. Where the Goods consist of clothing, they must be returned in their original, unworn and unwashed condition. Please take care when trying on clothing, as we will not be able to arrange an exchange or refund for any Goods returned to us with any marks or stains (unless we have been given notice that the item is faulty). Where the Goods do not consist of clothing, they must be returned to us in their original, sealed packaging.
10.3 If you have changed your mind about the Goods and wish to return them, you must contact us to let us know. You must then return the Goods to us in their original packaging and in a similar manner in which they were originally sent to you to ensure their safe return. We must receive the Goods within 14 days from the date on which you received the Goods. All returns must include a completed returns form which you can find on our Website. You are responsible for the postage costs associated with the return and the Goods will be your responsibility until we have accepted delivery of them.
10.4 If you have requested a refund, we will issue you a refund for the price you paid for the Goods together with any payment received relating to the original delivery costs within 14 days of processing your return. If you have requested an exchange, we will contact you in writing once we have received the returned Goods and when your exchange is despatched.
10.5 Any refunds due to you will be made using the same payment method that you used when placing your Order.
11. Our rights to end the Contract
11.1 We may end the Contract at any time by writing to you if you do not, within a reasonable time, allow us to deliver the Goods to you. This does not limit any other rights or remedies we may have under the Contract.
11.2 If we cancel the Contract due to any of the cirumstances set out in Clause 8.9 or 11.1, we will refund any money you have paid in advance for the Goods and we may deduct or charge reasonable compensation for the net costs we incur as a result of you breaking the Contract.
12. Our liability
12.1 We are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or of our failure to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen. However, our liability shall not in any circumstances exceed the price you have paid for the Goods, except where clause 12.2 applies.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors, or liability for fraud or fraudulent misrepresentation.
12.3 We only supply the Goods for domestic and private use. If you use the Goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. Events outside our control
13.1 We shall not be liable to you as a result of any delay or failure to perform our obligations under this Contract as a result of any circumstances beyond our reasonable control.
13.2 If our performance of the Contract is prevented or delayed by any circumstances beyond our reasonable control for a continuous period of 1 month, we will contact you as soon as possible to let you know and reserve the right to terminate the Contract immediately upon written notice, and we will refund to you any amount already paid to us under the Contract.
14. How we may use your personal information
15. Other important terms
15.1 We may transfer our rights and obligations under the Contract to another organisation. You may only transfer your rights or your obligations under the Contract to another person if we agree to this in writing.
15.2 This Contract is between you and us and nobody else has any rights under this Contract. No other person shall have any rights to enforce any of its terms.
15.3 Each of the provisions of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining provisions will remain in full force and effect.
15.4 If we do not insist immediately that you do anything you are required to do under the Contract, or if we delay in taking steps against you in respect of your breaking this Contract that will not mean that you do not have to do those things or prevent us taking steps against you at a later date.
15.5 These Conditions are governed by English law and you can bring legal proceedings in respect of the Goods in the English Courts. If you live in Scotland you can bring legal proceedings in respect of the Goods in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Goods in either the Northern Irish or the English Courts.
16. How to contact us
16.1 You can contact us by writing to us at email@example.com
16.2 If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your Order.
16.3 Any returns should be sent to:
Bandstores 1 Brook Street
Leicester LE8 6LA