1. These Terms
1.1 These terms and conditions relate to all goods supplied to you after you have placed an order by telephone, through this website (“the Site”) or through any associated websites which are owned and operated by BiGDUG Limited trading as BiGDUG (“BiGDUG”, “we” or “us”). These terms and conditions set out the terms of the contract between you, the customer or Site user (“you”) and us. These terms and conditions together with our policies and your order confirmation which we will send to you by email form the agreement between you and us (“the Agreement”). If you place an order by telephone we will ask you for an email address send you an order confirmation by email. If you do not provide us with an email address we will dispatch the items you have ordered directly to you.
1.2 These terms and conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except in writing signed by us or our duly authorised representative.
1.3 These terms and conditions may be varied by us at any time by posting amended terms and conditions to our Site. The terms and conditions which apply to your purchase will be those terms and conditions applicable at the time of the purchase.
1.4 Our employees and agents are not authorised to make any representations concerning the goods we supply unless confirmed by us in writing. You agree that you have not relied on any such representations before placing an order.
1.5 Each order you place with us will be a separate order and contract between us, any default by us in relation to one order will not entitle you to terminate another order.
2. Ordering and Payment
2.1 Your order is an offer to buy from us, once you place an order we will send you an email to confirm that we have received your order, and we will send you a subsequent email to confirm that your order has been fulfilled and despatched. There will be no contract of any kind between you and us unless and until we take payment from you, fulfill and despatch your order. A binding agreement will come into force between you and us when we email you to confirm that your order has been fulfilled and despatched. At any point up until then, we may decline to supply the goods to you without giving any reason. If we take payment and subsequently fail to dispatch the goods for any reason we will refund you in full.
2.2 You accept the accuracy of any orders placed with us. It is your responsibility to check our confirmation of receipt of order to ensure that the order is accurate.
2.3 At the time you place an order you must give authority for payment. We may take payment from you at any time between you placing the order and us dispatching the goods.
2.4 The prices payable for the items that you order are clearly set out on the Site. If by mistake, we have under-priced an item or a collection of items, we will not be liable to supply an item to you at the stated price provided that we notify you before we dispatch the item concerned.
2.5 Our prices are calculated based on current costs including the cost of materials, labour, delivery, insurance and other costs. We reserve the right to increase our prices at any time up to despatch of an order arising from any factor beyond our control including any increase in our costs. Please note also that we reserve the right to increase our prices in the event that you request any change or variation in the goods or services supplied and that we are not obliged to accept any such request.
2.6 Your credit/debit card details will be encrypted by us or our partners to minimise the possibility of unauthorised access or disclosure.
2.7 All prices are expressed exclusive of any VAT payable unless otherwise stated.
2.8 If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you except to ensure that you are not charged for that item
2.9 We remind you that we are under a legal duty to supply goods which are in conformity with our contract with you.
3. Price Promises and Price Matching
3.1 From time to time we may offer price promises under which we agree to match prices with our competitors. Please note that any such price promises are subject to the following conditions:
3.1.1 The price match must be claimed before placing an order, we do not provide refunds for orders which have been placed.
3.1.2 The two products must be identical and sold with the same service conditions. (The comparable price must apply to an identical product in terms of manufacturer, model, size, and colour.)
3.1.3 The comparison-price product offered by our competitor must be an item that is actually held in stock (rather than an item only available to order)
3.1.4 The comparison product must be brand new and priced under the same promotional terms as the BiGDUG product, i.e. without carriage charges, with or without VAT and with reference to any costs relating to the number of products originally purchased.
3.1.5 We will not match sale or promotional offer prices
3.1.6 You are responsible for the providing us with all the information necessary to support your claim.
3.1.7 We will require a reasonable amount of time to verify the request
3.1.8 Any price matching will apply to the UK-mainland only unless we specify otherwise.
3.1.9 Sellers that trade on a different basis to BiGDUG (e.g. indirect sellers and resellers using auction and marketplace sites) are not considered to be equivalent competitors. Their prices are therefore excluded from consideration. The published prices of companies who are going out of business or closing down are in financial difficulties, or in administration or liquidation are also excluded from this guarantee.
3.1.10 We reserve the right to reject an application for any price matching offer if, in our opinion, the quoted prices are unverifiable and the terms of the sale are not considered identical
3.1.11 We reserve the right to withdraw any price match offer or guarantee at any time.
3.1.12 Promotion Terms & Conditions:
SAVE UP TO 60% OFF CLEARANCE is an exclusive promotion brought to you by BiGDUG Limited and available online at bigdug.co.uk and offline via our customer service team. This promotion is limited, subject to changes and whilst stocks last. BiGDUG reserves the right to cancel or amend this promotion at any time.
4. Catalogue and Website
4.1 Prices and specifications quoted in our catalogue and website are subject to change at any time, for any reason, and we will not be obliged to supply goods at the price and specification set out in our catalogue and website.
4.2 Please note that all descriptions, specifications, drawings, photos, and details of weights and dimensions which are included in our materials are approximate only.
4.3 Please note also that it is virtually impossible to accurately portray the precise colour of goods in an internet or catalogue photo, due to differing screen resolutions, and variations from batch to batch. We endeavour to give the best portrayal of colour, but we cannot accept colour or shade differences as evidence of defects.
5. Credit Accounts
5.1 These terms and conditions apply to all credit accounts and goods supplied on credit by BiGDUG Limited (“we” or “BiGDUG”) to you, the credit account customer (“you”). These terms and conditions are in addition to the terms and conditions which apply to the sale of any goods by BiGDUG which are available at www.BigDug.co.uk
5.2 We require payment in full in advance for all orders unless we have agreed to open a credit account for you. All credit accounts and goods provided on credit are provided at our sole discretion and subject to ongoing approval. We reserve the right to refuse credit, even to existing credit account customers, at any time.
5.3 Our agreement with you is not regulated by the Consumer Credit Act. We will only supply goods on credit to business, professional, not-for-profit and public sector customers. We do not supply goods on credit to consumers. By opening a credit account you agree and accept that you are not dealing with us as a consumer.
Information Required and Credit Checks
5.4 In order to open a credit account with us you will be required to supply us with references and such other information as we may request in our credit account application form.
5.5 We reserve the right to carry out a credit reference search on you and any personal guarantors before opening the account. We may update this search at any time.
5.6 You agree that all information you supply in your credit account application is true, complete and not misleading.
5.7 When we open your credit account we will inform you of your credit limit and we reserve the right to adjust this limit at any time for any reason and to withdraw a credit account at any time, for any reason.
Payment of Invoices
5.8 All credit balances will be payable within 30 days of the end of the month in which we submit our invoice to you. If you fail to make payment within our credit period we will immediately cancel your credit account and pursue you for the unpaid sum.
5.9 We will charge interest at the rate of 8% above the base lending rate of the Bank of England on any overdue sums.
Risk and Title
5.10 If you are a credit account customer then
5.11 risk of damage to or loss of the goods shall pass to you when the goods or any part thereof are despatched for delivery to you, notwithstanding that we may arrange for delivery; and
5.12 property in the goods shall not pass to you until we have received payment in full (in cash or cleared funds payment) for the goods and all other goods agreed to be sold by us to you for which payment is then due
5.13 until the property in the goods passes to you, you will hold the goods as our fiduciary agent and bailee, and shall keep the goods separate from other goods and properly stored, protected and insured and identified as our property. Until that time you will be entitled to resell or use the goods in the ordinary course of your business, but shall account to us for the proceeds of sale or otherwise of the goods, including insurance proceeds, and shall keep all such proceeds separate from any other moneys or property and, in the case of tangible proceeds, property stored, protected and insured;
5.14 until the property in the goods passes to you (and provided the goods are still in existence and have not been resold), we shall be entitled at any time to require you to deliver up the goods to us and, if you fail to do so immediately, we reserve the right to enter upon any premises where the goods are stored and repossess the goods and to dismantle the same (without being liable for any damage caused by so doing)
5.15 You will not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain our property, but if you do so all money owing by you to us will forthwith become due and payable.
5.16 You will at our request assign to us any right of action against any third party in respect of money due for such goods or products.
5.17 We reserve the right to cancel or suspend any credit account or order and any further deliveries without liability and if the items have been delivered but not paid for the full price and any outstanding credit balances shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary, if you:
5.17.1 commit any act of bankruptcy or enter into any liquidation (other than for the purpose of reconstruction or amalgamation);
5.17.2 are subject to the appointment of an administrator, administrative receiver or liquidator;
5.17.3 are unable to pay your debts as they fall due;
5.17.4 have an administration order or receiving order made against you or have a receiver of all or any of your undertakings or assets appointed;
5.17.5 make or negotiate for any composition or arrangement with or assignment for the benefit of your creditors;
5.17.6 present a petition or have a petition presented by a creditor for your winding-up;
5.17.7 call any meeting of your creditors, or make or negotiate for any composition or arrangement with or assignment for the benefit of your creditors; or
5.17.8 cease to carry on business.
You (and each guarantor) agrees to indemnify (and keep indemnified) BiGDUG on demand against any costs, claims, damages, liabilities and expenses (including legal fees on a full indemnity basis), which BiGDUG may sustain, suffer or incur arising from any default whatsoever by you or any guarantor of these terms and conditions or any other terms and conditions of BiGDUG which are applicable to the sale of goods supplied pursuant to the credit account.
6. Delivery and Access
6.1 Delivery will be made to the address specified by you on the completed order form, however, we do not deliver to PO boxes. Our delivery charges will be specified at the time the order is placed.
6.2 We can only deliver to the door of the delivery address, we cannot carry orders up stairs or use a lift.
6.3 A number of our orders are delivered on a pallet. Please advise us at the time of ordering if a pallet delivery is unsuitable.
6.4 Pallet deliveries are a curbside delivery service only. The driver is not authorised to carry goods up or down steps or through a building. However, the driver can wheel the pallet truck (across a smooth surface) to try and get it as close to the delivery address as possible. The driver will not remove the goods from the pallet or take the pallet away.
6.5 Drivers are not permitted to drive their vehicle off-road.
6.6 We may, at our sole discretion, allow collection of items you have ordered from our premises but we reserve the right to refuse any request for collection and to impose such conditions in relation to a collection from our premises as we see fit.
6.7 When you place an order we may not be able to provide an exact date at the time you order, if so then we will endeavor to provide you with an approximate delivery time.
6.8 We will endeavor to deliver items within the United Kingdom within the specified time but we are not able to guarantee any specific delivery date. Whilst we make every effort to deliver all your goods at the agreed time, we will not be liable if we fail to do so in part or in full due to circumstances beyond our control.
6.9 Where the items are to be delivered in instalments, each delivery shall constitute a separate contract and failure by us to deliver any one or more of the instalments in accordance with these terms or any claim by you in respect of any one or more instalments shall not entitle you to treat the contract as a whole as terminated.
6.10 If you fail to take delivery of the items or fail to give us adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control or by reason of our fault) then, without prejudice to any other right or remedy available to us, we reserve the right to:
6.6.1 attempt to redeliver the items to you and charge you an additional delivery fee; or
6.6.2 treat your contract with us as terminated and refund the price of the items to you less our costs and charges (including our delivery charge and our reasonable costs arising from your failure to take delivery); or
6.6.3 store the items until actual delivery and charge you for the reasonable costs (including insurance) of storage; or
6.6.4 sell the items at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the contract or charge you for any shortfall below the price under the contract.
6.11 If you have selected a Next Day or Saturday delivery option and the option is available and we have confirmed that we will despatch the item for Next Day or Saturday delivery and we fail to make delivery on the specified date then we will refund the additional delivery cost but we will not be liable for any further damages or costs.
6.12 Whilst we will use reasonable endeavors to deliver the items on the agreed date we will not be liable for any failure to deliver on the stated date or at the stated time.
7. Warranty and Returns
7.1 Please see our Returns Policy for information about our policy in relation to returns.
7.2 We warrant that items you order from us will be free of defects in manufacture and workmanship for a period of three years following receipt by you of the items. Please note that this warranty is subject to limitations as set out in clause 9 of these terms and conditions.
7.3 You have a right to cancel your contract with us under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, our Returns Policy explains how to do this. Please note that in many cases our own returns policy may be applicable or may be more suitable for your requirements.
7.4 Defective items or items with transit damage should be notified to us within 30 days (unless the defect is not obvious within that time period).
7.5 You will not be permitted to return any items unless we are notified within the time periods set out in clause 7.2 to 7.4 (save where the item was materially defective on delivery but the defect was not obvious within the above time periods).
7.6 Personalised or custom made items may not be returned unless they are defective.
8. Cancellation and changes prior to delivery
You can cancel or change any of your current orders prior to dispatch by contacting us on firstname.lastname@example.org
9. Our Liability
9.1 Subject as expressly provided in these conditions, and where you are not dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
9.2 Where items are sold under a consumer transaction your statutory rights are not affected by any of these terms and conditions.
9.3 We will not be liable in respect of any defect arising from any specification, request, drawing or design supplied by you, nor in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal usage or working conditions, exceeding recommended loads, failure to follow instructions, misuse, alternation or repair of the items without our express consent.
9.4 Any advice or recommendation we may give as to the storage, application or use of the goods and which we do not confirm in writing is followed or acted upon entirely at your own risk and accordingly we will not be liable for any such advice or recommendation which we have not confirmed in writing.
9.5 Any claim by you which is based on any defect in the quality of the goods supplied or their failure to correspond with specification must be notified to us as soon as possible from the date of delivery (and in any case, within 30 days of delivery) or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If you do not notify us accordingly, you will not be entitled to reject the goods and we shall have no liability for such defect or failure.
9.6 Where any valid claim in respect of any of the items supplied which is based on any defect in the quality or condition or their failure to meet its specification is notified to us in accordance with these terms and conditions, we shall replace or repair the items free of charge or refund to you the price of the item at our sole discretion, but we shall have no further liability to you. You are not entitled to reject part only of items you have ordered.
9.7 We shall not be liable to you by reason of any representation, or any implied warranty, condition or other term or any duty at common law, or under the express terms of these terms or this Agreement, for any consequential loss or damage (whether for lost profit, lost opportunity or lost reputation or otherwise), costs expenses or other claims for consequential compensation whatsoever (and whether caused by our negligence, our employees or agents or otherwise) which arise out of or in connection with the supply of goods or their use or resale by you, except as expressly provided in these conditions.
9.8 Our entire liability under or in connection with these terms and conditions shall not exceed the price of the items supplied.
9.9 Nothing in this clause 9 or any other of these terms and conditions will exclude or limit our liability in respect of death or personal injury caused by our negligence
10. Installation and Assembly
10.1 You will be required to install and assemble items unless we expressly agree otherwise.
10.2 Where you erect or install our products it is your responsibility to ensure, so far as it is practicable, that nothing about the manner or method of erection/installation makes it unsafe or constitutes a risk to health or safety and we shall not be liable for the costs of rectifying or putting right discrepancies from faulty or improper assembly where you carry out your own installation or maintenance work unless authorised by us in writing.
1.1 These terms will apply to all shelving, storage, and other installation services (“the Services”) provided by BiGDUG Limited (“we” or “us”) to the client (“you” or “the Client”).
1.3 On agreement of the Services to be provided we will send you an email (the “Confirmation Email”) which will contain the following information:
(a) details of the Services to be provided by us;
(b) our fees for undertaking the Services;
(c) the property, place or location at which the Services will be performed (the 'Site')
(d) the proposed date of installation (the 'Installation Date');
(e) the proposed period for completing the Services (the 'Completion Period')
1.4 These terms and conditions along with the Confirmation Email will together form the agreement between you and us (the 'Agreement').
2. The Services
2.1 We will carry out the Services as set out in the Confirmation Email or as otherwise agreed in writing and subject to the terms of this Agreement.
2.2 Installation services will generally be carried out by a third party installation partner and not by BiGDUG. Please note that if we refer you to an installation partner we will not be liable for the acts or omissions of that partner and that you will be subject to the terms and conditions of that partner.
2.3 We shall have the right to make any changes to the services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the services, and we shall notify you in any such event.
2.4 You may request a change in the Services at any time but we will only provide such different services if we believe we are qualified to do so. If such changes to the Services constitute a material change to those set out in the Confirmation Email we reserve the right to revise our fees as previously agreed with you. We will not perform any alternative Services until such time as you have agreed to pay any such additional fees.
2.5 You may request services in addition to the agreed Services. However, we may require payment of additional fees for such additional services. We will not perform any additional services until such a time as you have agreed to pay any such additional fees.
2.6 We may provide some of the Services through third parties. Whether or not we sub-contract out any of the Services to third parties is at our absolute discretion and you shall not have the right to object to any third party providing the Services.
2.7 You agree to supply us with all the necessary information which we will reasonably require for us to be able to perform the services. If you do not provide us with such information we will not be liable to you for any failure to carry out the Services as a result including any failure to complete the Services within the Completion Period.
2.8 For the avoidance of doubt the services are limited to the description set out in the Confirmation Email and do not extend to any additional works required to your Property (including, for example, changes to electrical, gas, plumbing and HVAC system) unless expressly included.
3. Time commitment
3.1 We will endeavor to commence the Services on the Installation date and to complete the Services within the Completion Period. We cannot, however, guarantee to complete the Services within this period and time is not of the essence.
3.2 The Completion Period stated in the Confirmation Email is based on your cooperation with us and the cooperation of any other contractors or professionals we may need to work with including without limitation architects, project managers, builders and other interior designers.
3.3 We reserve the right to suspend the provision of the Services if they cannot be carried out due to any of the following reasons:
3.3.1 You fail to provide us with access to the Site when required by us or anybody engaged by us to provide the Services;
3.3.2 You fail to provide us with any information about the Site that we may require in order for us to be able to carry out the Services properly;
3.3.3 You or any third party whose cooperation we require fail to cooperate with us;
3.3.4 We are unable to carry out the Services to the required standard for any other reason beyond our reasonable control including but not limited to a delay on the part of a manufacturer or the unavailability of materials.
For the purposes of this clause, 'us' shall include any third parties sub-contracted by BiGDUG Limited.
3.4 If we incur additional costs as a result of us being unable to carry out the Services due to any of the reasons described in clause 3.3 (including, without limitation, any storage costs for products and materials that we have been unable to install) then we reserve the right to pass any such costs on to you and these shall be payable in addition to our other fees.
4.1 We guarantee the work carried out as part of the Services for a period of one year from the Installation Date. In the event that we have not carried out the Services with reasonable care and skill then we shall carry out such further work as is necessary to remedy such unsatisfactory services.
4.2 We reserve the right to assess any work complained of before carrying out any additional work under the guarantee in clause 4.1 above. If in our reasonable opinion the Services have been performed satisfactorily then we may not carry out any such additional work or may charge you additional fees if we do so.
4.3 We do not warrant the goods and materials used in the performance of the Services (subject to terms implied by the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982 and express warranties given under the Terms and Conditions of Purchase in the event that we have supplied the goods and materials).
4.4 You agree to notify us within 10 days of the discovery of any defect in the works.
5. The Installation
5.1 Our fees estimate and any recommendation as to the services we believe you require has been provided on the basis of the information provided by you and is subject to inspection of the Property and approval on the Installation Date. We shall not be liable if we cannot carry out the Services in the manner originally envisaged due to any facts or circumstances which were not disclosed to us.
5.2 We reserve the right to amend the Services or charge you for any additional Services that are required in the event that facts or circumstances become apparent (which were not disclosed to us) which are likely to impact on our provision of the Services by requiring additional work by us.
5.3 You must provide all information that we may reasonably require for the purposes of carrying out the Services.
5.4 It is your responsibility to move or remove any personal property or effects at the Property before we start carrying out the Services in order to ensure that they are not damaged in any way as a result of us carrying out the Services.
6. Additional client obligations
6.1 You agree that you shall:
6.1.1 Co-operate fully with us (and any third parties sub-contracted by BiGDUG Limited) in all matters relating to the Services;
6.1.2 Obtain all necessary licenses, permissions, and consents which may be required for the Services before the Installation Date;
6.1.3 Ensure employees and/or agents are given every facility to complete the work without undue interference;
6.1.4 Be responsible for the washing or wiping down of the goods; and
6.1.5 Ensure there is sufficient labour available to off-load the delivery vehicle without delay.
6.2 In relation to the Site you shall ensure that:
6.2.1 it is clear, level and dry in readiness on the Installation Date
6.2.2 a suitable electricity supply is available for light and power tools;
6.2.3 sufficient working space has been allocated;
6.2.4 sufficient storage space is provided free of charge for plant and materials that is reasonably accessible.
7. Fees and Payment
7.1 The fees payable by you to us in respect of the Services will be those set out in the Confirmation Email (the 'Fees').
7.2 You will be sent an invoice for the Fees prior to our commencing the Services. We reserve the right to not start providing the Services until we have received payment of the Fees. In the absence of any contrary terms in the Confirmation Email, all invoices must be settled within 14 days.
7.3 If any sums are outstanding and due for payment to us we reserve the right to immediately suspend the provision of the Services without further recourse to you.
7.4 You will be liable to pay additional fees to us in such circumstances where we are required to provide alternative or additional Services or required to repeat the performance of Services already provided as a result of your actions or the actions of a third party who has also contracted to provide services in connection with the Project.
7.5 We shall be entitled to charge interest on any overdue sum at the rate of 3% over the base rate of the Bank of England from time to time (such interest to accrue and to compound with the principal sum on a weekly basis).
7.6 Payment shall be made without any set-off, deduction or counter-claim.
8. Cancellation (Consumer)
8.1 This clause 8 shall only apply where you are purchasing the Services as a 'consumer' within the meaning of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
8.2 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this Agreement for a period of fourteen days after the day on which the Confirmation Email is sent without giving any reason.
8.3 To exercise the right to cancel you must inform us, BiGDUG Limited of Riga Wharf, Bristol Road, Gloucester, GL2 5DH, email: email@example.com or telephone 0800 088 6300, of your decision to cancel this contract with a clear statement (e.g. a letter sent by post, fax or email). You are encouraged to use the Cancellation Form (see below) but it is not compulsory. To meet the cancellation deadline, it is sufficient for you to send your communication confirming your right to cancel before the cancellation period has expired.
8.4 Please note that if we have started providing the Services during the cancellation period at your request and you then cancel the contract you will be liable to pay a proportionate amount in respect of those Services. If the Services have been completed you will be liable for the full cost of those Services.
9. Cancellation (General)
9.1 You may cancel this Agreement up to ten calendars days prior to the Installation Date with no liability to pay the Fees.
9.2 Subject to clause 8, you may cancel this Agreement between ten calendar days and 48 hours prior to the Installation Date however you will be liable to pay 50% of the Fees.
9.3 Subject to clause 8, if you cancel this Agreement within 48 hours of the Installation Date, you will be liable to pay 100% of the Fees.
10.1 We will be entitled to terminate the Agreement (and any Services then being provided to you) on notice to you in the event that:
10.1.1 you fail to pay any invoice when due; or
10.1.2 you fail to co-operate with us in the performance of the Services; or
10.1.3 you are in material breach of any other provision of the Agreement and, if the breach is capable of remedy, have failed to remedy that breach within 30 days.
10.2 All terms of this Agreement which are capable of surviving termination will continue in full force and effect following the termination of this Agreement.
11.1 You agree that our liability in respect of any loss under the Agreement with you shall be limited in accordance with these terms and conditions.
11.2 Nothing in this Agreement shall limit or exclude our liability for:
11.2.1 death or personal injury, fraud or fraudulent misrepresentation arising as a result of our negligence or the negligence of our employees, agents or sub-contractors;
11.2.2 fraud or fraudulent misrepresentation;
11.2.3 breach of the terms implied by section 2 (title and quiet possession) of the Supply of Goods and Services Act 1982;
11.2.4 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
11.2.5 defective products under the Consumer Protection Act 1987.
11.3 Subject to clause 10.2, we will not be liable to you for any loss of profit, indirect or consequential loss or damage such as loss of anticipated savings, data loss, lost opportunity, lost bargain, lost reputation or otherwise whether such loss or damage arises from breach of contract, our negligence, the negligence of our employees, agents, sub-contractors or otherwise, any tort other than negligence, breach of statutory duty or otherwise.
11.4 Our aggregate liability, including the liability of our employees, agents, sub-contractors in relation to the Services will (except in relation to liability as set out in clause 10.2) be limited to the lower of (i) the amount paid to us by you under this Agreement and (ii) £10,000. 11.5 No claim may be brought against us in relation to any Services more than one year following the Installation Date.11.6 You accept that the limitations of our liability set out above are reasonable in all the circumstances.
12. Intellectual Property and Confidential Information
12.1 We shall own all intellectual property rights (including copyright) in drawings, photographs and plans and all other work produced in the performance of the Services and generally assert our moral rights and all other rights to be identified as the author of such work.
12.2 You shall have a license to copy and use and allow others providing services in connection with the installation to copy and use drawings, documents and all other such work produced by us in performing the Services (the 'Material') but strictly for purposes relating to the Project only. Such license shall terminate with immediate effect if any fees or other amounts payable by you under this Agreement are overdue and remain outstanding.
12.3 We shall not be liable if the Material is modified other than with our consent or used for any purpose other than for the purposes for which it was prepared.
12.4 Each party agrees with the other not to divulge or allow to be divulged any confidential information relating to the other's business or affairs other than to its employees, associates or contractors who are subject to appropriate non-disclosure undertakings (if required), or where the other party has consented to such disclosure or where required by law to make such disclosure. Either party may upon termination of this Agreement require, by notice in writing to the other party, the destruction or return of any confidential material in that parties possession.
12.5 We shall be entitled to refer to the provision of Services to you for any purpose in connection with our business including for the purposes of marketing materials and use on our website.
13.1 No term of the Agreement will be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999 by any person that is not a party to it.
13.2 Each of the parties warrants its power to enter into the Agreement and has obtained all necessary approvals to do so.
13.3 Both parties shall be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of the Agreement impossible, whereupon all money accrued due under the Agreement shall be paid.
13.4 Each party acknowledges that these terms and conditions (including the Instructions for Cancellation and Cancellation Form) and the Contract Summary contain the whole agreement between the parties and that it has not relied upon any oral or written representations made to it by the other or its employees or agents and has made its own independent investigations into all matters relevant to it.
13.5 Any notice to be served on either of the parties by the other shall be sent by pre-paid recorded delivery, registered post, fax or email to the address of the relevant party shown in the Contract Summary at the start of this Agreement or such other physical or electronic address as may be notified by one party to the other.
13.6 This Agreement may be executed in any number of counterparts and by the parties to it on separate counterparts, each of which will be an original and all of which together shall constitute one instrument. This Agreement shall not be effective until each of the parties has executed at least one counterpart.
13.7 If any provision of this Agreement is, or is found to be, illegal, invalid or unenforceable, the remaining provisions shall continue in full force and effect and shall not be affected by such illegality, invalidity or unenforceability.
13.8 Failure by us to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver by us of them or the right at any time subsequently to enforce all terms and conditions of this Agreement.
13.9 This Agreement shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England.
13.10 Any proceedings arising out of or in connection with this Agreement may be brought in any court of competent jurisdiction in England or Wales.
Please note that this returns policy does not affect your rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ('Consumer Regulations') which are explained below.
This returns policy does not apply to services (installations, etc.) but please see our Installation Terms and Conditions and the cancellation information in relation to the Consumer Regulations.
1. It is your responsibility to request a return. If you don't tell us you want to make a return, we don't know. Once you do tell us, we will do everything we can to action it.
2. If you have not requested a return within 28 days of receiving an order, we will have assumed that you are intending to keep it and we will not authorise a return
3. We always refund the payment according to how the original purchase was made and aim to do so within 72hrs of the return being received by us.
4. Returned goods are liable for a 20% handling and repackaging charge if the order is not returned in its original, unopened packaging. This charge will be subject to our inspection of the returned goods.
5. Delivery surcharges (Next Day or Saturday delivery for example) will not be refunded unless the delivered goods are faulty.
6. Replacement products are dispatched immediately after the returned goods have been received by BiGDUG®
7. Items that develop a fault within six months of delivery are eligible for a replacement or a refund. Delivery costs are also reimbursed for faulty items. Please contact our Customer Services Team on 0800 088 6300 if you believe your item has developed a fault.
8. Custom-designed/made to order products are excluded from our Returns policy. Such products can only be returned in accordance with your legal rights.
Right to Cancel Under the Consumer Regulations
We explain below how you can exercise your right under the Consumer Regulations to cancel your contract with us but please also bear in mind that in many cases our own returns policy may be more applicable or more suitable for your requirements.
You have a right to cancel a contract with us for goods or services within 14 days without giving any reason.
Where you have purchased goods, the cancellation period will expire after 14 days from the day on which you acquire, or a third-party other than the carrier and dictated by you acquires, physical possession of the goods.
Where you have purchased services, the cancellation period will expire after 14 days from the formation of the contract. This will be the day that we send our confirmation email.
To exercise the right to cancel, you must inform us, BiGDUG Limited of Riga Wharf, Bristol Road, Gloucester, GL2 5HD, email: firstname.lastname@example.org or telephone: 0800 088 6300 of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email). You may use the cancellation form attached, but it is not compulsory.
To meet the cancellation deadline it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of Cancellation - Goods
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay and not later than -
14 days after the day we receive back from you any goods supplied, or
(if earlier), 14 days after the day you provide evidence that you have returned the goods, or
If there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction unless we have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days expires.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.
Where You Do Not Have a Right to Cancel
Where goods have been personalised to your requirements then you will not be entitled to cancel the contract under the Consumer Regulations unless the goods are defective.
Effect of Cancellation - Services
If you supply notice of cancellation to us during the cancellation period and the services have not commenced then we will refund the price paid for such services to you.
If you have requested that we begin performance of service