Bay Attic TERMS AND CONDITIONS
These terms and conditions are for the RETAIL purchase of goods and services via the Bay Attic website.
All orders for products and services on the Bay Attic website are accepted by Bay Attic subject to these terms and conditions of sale. No other terms will apply to the supply of products and services by Bay Attic unless agreed in writing by an authorised signatory of Bay Attic.
All descriptions of the products and services contained on the Bay Attic website or otherwise communicated to the Customer are approximate only and shall not form any part of the contract between Bay Attic and the Customer. Bay Attic may correct any errors on its website without liability to the Customer. The advertising of products and services on the Bay Attic website merely constitutes an invitation by Bay Attic for the Customer to make an offer to purchase products and services. Notwithstanding the foregoing, nothing in these terms and conditions of sale shall affect the statutory rights of a Customer.
We do our best to portray all our products with as descriptive images as possible. However, a very small number of images are generic for the product, therefore specifications and descriptions should be referred to at all times.
2. Product and Availability Information
Bay Attic reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous programme of product improvement, or to assist product availability, and such changes may take place during the life of any Bay Attic web site.
Unless otherwise confirmed, nothing in any Bay Attic web site is to be taken as a representation of the source of origin, manufacture, or production of the products or any part of them.
The prices of the products and services as set out in the Bay Attic website are current at the date of despatch. All prices include VAT at the prevailing UK rate.
Bay Attic reserves the right to change prices without prior notice at any time. Postage and packing will be added to each individual item purchased. Where possible Bay Attic will ship item/s together however larger items or multiple quantity orders may require multiple parcels which will be charged pro-rata.
Bay Attic reserves the right to decline to trade with any organisation or individual. In addition, Bay Attic may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by email within a reasonable period of receipt by Bay Attic of the order.
Bay Attic executes orders to the Customer's requirements, and does not substitute one product for another unless requested by the Customer, or unless the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer's option) either be put on back order to be fulfilled when Bay Attic next has available stock or be cancelled.
Payments for goods bought from Bay Attic can be made via a number of leading payment gateways including, RBS Worlday and PayPal. It is the choice of the customer which payment method to use. By using any of the world leading payment methods offered by Bay Attic you are able to shop on-line safe in the knowledge that you are buying from Bay Attic without sharing your financial information. Bay Attic does not get to see any of your credit/debit card details or any financial information about you.
6. Risk and Ownership
Risk of loss or damage to the products shall pass to the Customer upon delivery. Ownership of the products shall not pass to the Customer until all sums due to Bay Attic from the Customer for those products have been received by Bay Attic (in cash or cleared funds). If the Customer is late in paying any sum to Bay Attic, then Bay Attic shall be entitled to the immediate return of all products where the ownership has not passed to the Customer. The Customer authorises Bay Attic and its agents to recover the products, and to enter any premises of the Customer for that purpose. Demand for or recovery of the products by Bay Attic shall not of itself discharge either the Customer's liability to pay the whole of the price and take delivery of the products or Bay Attic's right to sue for the whole of the price.
7. Delivery and Shipping
Bay Attic will aim to deliver products in accordance with the Customer's order. The Customer's delivery options, and the prices for them, are set out in the Bay Attic website current at the date of order or will be notified to the Customer at the time of order. Delivery prices apply per order, irrespective of the number of products ordered.
In some circumstances, the delivery address may incur a surcharge, i.e. UK Highlands and Islands and wherever this surcharge applies, we will endeavour to notify you before hand and keep any such surcharge to a minimum. Where a specified delivery time is required, we will endeavour to meet this demand and we reserve the right to pass on any surcharge applicable.
Times and dates for delivery quoted in the Bay Attic website or by Bay Attic employees are approximate only and Bay Attic shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence.
If any delivery is late, the Customer must notify Bay Attic and Bay Attic will endeavour to ascertain if the product has been delivered or the expected delivery time of the product to the Customer. If a revised delivery time is not acceptable Bay Attic will also, at its discretion, offer an alternative delivery option. These are the Customer's exclusive remedies for late delivery.
For first orders, delivery will only be made to the registered address of the card used to make the purchase. Once a customer's identity has been confirmed by Bay Attic the customer may choose an alternative address for delivery. The Customer agrees that the goods will be accepted and signed for by the Customer or their representative. If the goods can not be signed for or received and must be retuned to Bay Attic, the customer is liable for the return charge and any subsequent re-delivery charge.
The Customer must inspect the products as soon as is reasonably possible after delivery and shall, within 7 days of the date of delivery, give notice to Bay Attic in detail of:
- Any defect in the product that is apparent on reasonable examination. In this case Bay Attic shall, at Bay Attic discretion, replace the products or refund the purchase price, providing the Customer adheres to the return policy detailed in these terms and conditions. In any event the Customer must refuse parcels delivered to it in a damaged condition
- Any shortfall in products delivered. In this case Bay Attic shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products
- Any delivery of products not in accordance with the order. In this case Bay Attic shall, at Bay Attic discretion, replace the products or refund the purchase price
- Any non-delivery of the products (in which case the time limit is within 14 days of the estimated despatch date). In this case Bay Attic shall deliver the undelivered products or refund the price of the undelivered products.
If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. Bay Attic record of the products despatched (including the quantity) shall be conclusive evidence of the products received by the Customer, unless proved otherwise by the Customer.
The remedies set out above are the Customer's exclusive remedies for non-delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. Bay Attic shall not be liable for any losses, consequential or otherwise, arising from these circumstances.
8. Back Orders
If your item is not in stock, we will back order for you. You will be contacted with the option to cancel your order if you would rather not wait.
9. Cancelling An Order
If you wish to cancel an order you have made please send an e-mail to info@bay attic.com with the phrase "CANCEL ORDER" in the subject heading. Bay Attic aims to pick, pack and ship your order shortly after it is placed. Therefore it may not be possible to cancel an order after it has been submitted. We will do our best to intercept and cancel your order before it is despatched, however if this is not possible and your order has been shipped then please follow our returns procedure.
For products purchased from Bay Attic, Bay Attic warrants that if any product is defective, it will replace the product or refund the purchase price.
These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of Bay Attic. The Customer must return or dispose of the products, or make them available for collection by Bay Attic, in accordance with Bay Attic instructions. If returned they must be suitably packaged and, where relevant, returned in accordance with any particular instructions which Bay Attic may have notified to the Customer at the time of supply.
The Customer must contact Bay Attic to notify Bay Attic of their return and obtain a returns authorisation number, which is to be quoted on all paperwork.
Where the Customer returns products otherwise than in accordance with these warranty provisions, Bay Attic may refuse such products and return them to the Customer at the cost of the Customer.
Any products which are replaced by Bay Attic shall become the property of Bay Attic. Title to replacement products shall pass to the Customer on delivery, and the period of the replacement product's warranty shall be calculated from the date of despatch of the defective product.
The remedies set out above shall be Bay Attic's sole liability and the Customer's sole remedy for any breach of warranty. Save as expressly provided in these terms and conditions of sale, all implied warranties, terms and conditions (whether statutory or otherwise) are excluded to the fullest extent permitted by law. Bay Attic will not be liable to the Customer for any loss of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on Bay Attic by operation of law. The Customer acknowledges that it is responsible for ensuring that the products and services it orders are fit for the purposes for which it intends to use them.
Bay Attic shall not be under any liability for damage, loss or expenses resulting from the failure to give advice or information or the giving of incorrect advice or information whether or not due to its negligence or that of its employees, agents or sub-contractors.
Bay Attic shall not be liable for intellectual property rights infringement, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with: (i) any express or implied terms of the contract between Bay Attic and the Customer, or of any order accepted by Bay Attic; (ii) any duty of any kind imposed on Bay Attic by law arising out of or in relation to the contract or order; or (iii) any defect in the products or services.
12. Force Majeure
A force majeure event is any event beyond the reasonable control of Bay Attic (including strikes, traffic congestion, volcanoes, the downtime of any external line, or Bay Attic's inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If Bay Attic is prevented or restricted from carrying out all or any of its obligations under these terms and conditions of sale by reason of any force majeure event, then Bay Attic shop shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than fourteen days, Bay Attic may cancel the affected order or cancel the whole or any part of these terms and conditions of sale, without any liability to the Customer.
13. Rights In The Website
The Customer acknowledges that Bay Attic and its licensors, partners and suppliers own the intellectual property rights in the Bay Attic web sites, the web site content, photos and the stock numbers, and that their whole or partial reproduction without Bay Attic prior written consent is prohibited.
All trademarks and service marks referred to herein are used solely for identification or description of the applicable goods and services. Unless expressly stated, Bay Attic is not affiliated with any owner of a trademark or service mark identified herein, and Bay Attic makes no statements, express or implied, concerning use of any trademarked product or service. All registered trademarks and servicemarks are the property of their respective owners.
14. Bay Attic Trademark
Bay Attic is a registered trademark of Bay Attic Ltd.
Except as applicable law may provide otherwise, Bay Attic does not consent to the use of its name, or its servicemarks, by any person, except upon written authorization.
Any abuse of this trademark will be pursued to the maximum extent possible under the law.
15. Google Translations
Bay Attic offers Google Translation software on this website to all visitors from non English speaking countries. Please note we cannot take any responsibility for any discrepancies in any translated texts and the original English version of the website is correct to our knowledge.
All of the content of this web-site is the copyright of either Bay Attic or its licensors, partners and suppliers. All rights reserved. Reproduction of part or all of the contents of this web-site in any form is prohibited and may not be recopied and shared with a third party.
Bay Attic makes no warranties, representations or undertakings about:
(a) Any of the content of this web-site (including, without limitation, any as to the quality, accuracy, completeness or fitness for purpose of any such content); or
(b) Any content of any other web-site referred to or accessed by hypertext links or otherwise through this web-site ('Third Party Site').
Bay Attic does not endorse or approve the content of any Third Party Site, nor will Bay Attic have any liability in connection with any of them (including, but not limited to, liability arising out of any allegation that the content of any Third Party Site infringes any law or the rights of any person or is obscene, defamatory or scandalous).
18. Law and Jurisdiction
Contracts for the purchase of Products through Our Site will be governed by Scots law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of Scotland.
19. Further Questions
If you have any further questions about our terms and conditions, polices or their implementation, please contact us at bayattic.