Terms and Conditions
This page tells you information about Beanstalk Bags (we or us) and the legal terms on which we sell the products (the products) listed on our websites www.beanstalkbags.com and www.beanstalkbags.co.uk (our sites) to you.
These terms will apply to any use of our sites and any contract between us and you for the sale of our products. By using our sites or ordering any of our products, you agree to be bound by these terms and the other documents referred to in them.
We may amend these terms from time to time. Each time you wish to order any of our products, please check these terms to ensure you understand the terms which will apply at that time. These terms were last updated on 25 June 2019.
- Information about us
We are Beanstalk Bags, a partnership consisting of two partners. To contact us please email firstname.lastname@example.org.
- Our products
The images of our products on our sites are for illustrative purposes. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of our products. The products we deliver to you may vary slightly from those images.
All of our products shown on our sites are subject to availability. We will inform you by e-mail as soon as possible if the product you have ordered is not available and we will not process your order.
We only supply our products for domestic and private use. You will not to use the products for any commercial, business or re-sale purposes.
- Use of our site
Your use of our site is governed by our Website Terms of Acceptable Use. Please take the time to read these, as they include important terms which apply to you.
- How we use your personal information
- How the contract is formed between us
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, this does not mean that your order has been accepted. We will confirm our acceptance to you by sending you an e-mail that confirms that the products have been dispatched (dispatch confirmation). The contract between us will only be formed when we send you the dispatch confirmation.
If we are unable to supply you with a product, for example because that product is not in stock or no longer available or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the products, we will refund you the full amount as soon as possible.
- Your right of return and refund – Consumer Protection (Distance Selling) Regulations
If you are a consumer, you have a legal right to cancel a contract under the Consumer Protection (Distance Selling) Regulations during the period set out below. Subject to the terms below, this means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a product, you can notify us of your decision to cancel the contract and receive a refund.
This cancellation right does not apply in the case of:
- any custom-made bespoke products or products made to your specification or clearly personalised; or
- products which you have opened or unsealed.
Your legal right to cancel a contract starts from the date of the dispatch confirmation, which is when the contract between us is formed. Your legal right to cancel a contract ends on the expiry of the period of seven working days beginning with the day after the day on which you receive the products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
To cancel a contract, please contact us in writing to tell us by sending an e-mail to email@example.com. Your cancellation is effective from the date you send us the e-mail.
You will receive a full refund of the price you paid for the products and any applicable delivery charges you paid for. We will refund you within 14 days after the day of receiving the returned goods as long as they are in perfect original saleable condition with the original packaging. We will refund you via Paypal or bank transfer, depending on which method you used to pay us.
You have a legal obligation to take reasonable care of the products while they are in your possession.
- Your right of return and refund – faulty or mis-described goods
As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.
If you have returned the products to us because they are faulty or mis-described, we will refund the price of a defective product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us. Unless the products are faulty or not as described you will be responsible for the cost of returning the products to us.
If the products were delivered to you, you must return the products to us as soon as reasonably practicable. We will refund you within 14 days after the day of receiving the returned goods. We will refund you via Paypal or bank transfer, depending on which method you used to pay us.
You have a legal obligation to take reasonable care of the products while they are in your possession.
Our products are delivered by the local postal service or courier and may be subject to delays. We therefore cannot guarantee delivery on a specific day and will not be held liable for delays outside of our control. An estimated delivery date will be set out via email in the dispatch confirmation.
Delivery will be completed when we deliver the products to the address you gave us. The products will be your responsibility from the completion of delivery. You own the products once we have received payment in full, including all applicable delivery charges.
- Price of products and delivery charges
The prices of the products will be as quoted on our sites. We take all reasonable care to ensure that the prices of products are correct at the time when the relevant information was entered onto the system.
Prices for our products may change from time to time, but changes will not affect any order which we have confirmed with a dispatch confirmation.
The price of a product includes VAT (where applicable) at the applicable current rate chargeable in the UK. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.
The price of a product does not include delivery charges. Our delivery charges are as quoted on our sites. To check relevant delivery charges, please refer to our delivery charges page.
- How to pay
You can only pay for products via Paypal using a debit card, credit card or PayPal account. Payment for the products and all applicable delivery charges is in advance.
- Information about our products
Some of our products contain small parts which may be a choking hazard and are not suitable for children under 36 months. We shall not be liable for any claims, liability, damages, loss or costs arising from use of our products by children under the age of 36 months.
- Our liability
We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or any contract between us, or our negligence. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.
The material displayed on our sites is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
- any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our sites or in connection with the use, inability to use, or results of the use of our sites, and any materials posted on it (whether by us or a third party), including any liability for any loss of profit, loss of business, loss of data, loss of goodwill, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the sale of goods act 1979 (title and quiet possession);
- any breach of the terms implied by section 13 to 15 of the sale of goods act 1979 (description, satisfactory quality, fitness for purpose and samples);
- defective products under the consumer protection act 1987; and
- any liability which cannot be excluded or limited under applicable law.
- Our right to vary these terms
We may revise these Terms and Conditions from time to time. Every time you order products from us, the Terms and Conditions in force at that time will apply to the contract between you and us.
Whenever we revise these Terms and Conditions we will keep you informed and give you notice of this by stating that these Terms and Conditions have been amended and updating relevant date at the top of this page.
- Events outside our control
We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an event outside our control.
An event outside our control means any act or event beyond our reasonable control, including strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an event outside our control takes place that affects the performance of our obligations under a contract we will contact you as soon as reasonably possible to notify you and our obligations under the contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of products to you, we will arrange a new delivery date with you after the event outside our control is over.
- Communications between us
When we refer in these terms to “in writing”, this will include e-mail.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
- Other important terms
We may transfer our rights and obligations under a contract to another person or organisation, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its terms, including under the Contracts (Rights of Third Parties) Act 1999.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.