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BuySend terms & condititions

Terms & Conditions

This page (together with our Privacy Policy and Cookie Policy, tells you information about us and the legal terms and conditions (' Terms') on which we sell any of the products (' Products ') listed on our website (' our site ') to you. This document contains provisions in relation to Delivery, Shipping, Returns and our Warranty policies. These Terms will apply to any contract between us for the sale of Products to you (' Contract '). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site. You may print a copy of these Terms or save them to your computer for future reference. We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms, which will apply at that time. These Terms, and any Contract between us, are only in the English language.

Information about us

1.1
We operate the website https://www.buysend.com. We are BuySend.com Limited. A company registered in England and Wales under company number 06560609 and with our Registered Office at Unit 2A Boyton Hall Farm, Roxwell Road, Chelmsford CM1 4LN United Kingdom. We trade from our Registered Office. Our VAT number is 940252646.
1.2
Contacting us if you are a customer
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to contact us via our Contact Form on our website. If you use this method we will e-mail you to confirm we have received your cancellation. You can also contact our Customer Services team by telephone on (+44) 0845 544 1305 or by post to Unit 2A Boyton Hall, Farm Roxwell Road, Chelmsford CM1 4LN, United Kingdom. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.

(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at (+44) 0845 544 1305 or by emailing us via the Contact Form on our site.

(c) If we have to contact you or give you notice in writing, we will do so by e-mail or other contact details provided by you in your order.
1.3
You may contact us by telephoning our customer service team at (+44) 0845 544 1305 or by e-mailing us at info@buysend.com. For supply enquiries please contact trade@buysend.com. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 19.3.

Our Products

2.1
The images of the Products on our site are for illustrative purposes only. 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 the Products. Your Products may vary slightly from those images.
2.2
The packaging of the Products may vary from that shown on images on our site.

Use of our site

3.1
Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
3.2
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Accounts and Password

3.2
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
4.1
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by calling our Customer Services Team on (+44) 0845 544 1305 or by emailing info@buysend.com.

Intellectual Property Rights

5.1
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Limitation of Our Liability

6.1
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Third Party Links and Resources in Our Site

7.1
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

How we use your personal information

8.1
We only use your personal information in accordance with our Privacy Policy.

If you are a consumer

This clause 8.1 only applies if you are a consumer

9.1
Certain Products on our site can only be purchased if you satisfy the legal age requirement for that product. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Products through our site. These products will stipulate their respective age restrictions in the Product description. Please be aware that different rules may apply to your country of origin. We are only obliged to apply restrictions that apply to the Laws of England & Wales.

If you are a business customer

This clause 9 only applies if you are a consumer

10.1
If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
10.2
These Terms and our Privacy Policy and Cookie Policy constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
10.3
You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or our Privacy Policy
10.4
You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

How the contract is formed between you and us

11.1
Our shopping pages will guide you through the steps you need to take to place an order with 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 page of the order process.
11.2
After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
11.3
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.
11.4
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 we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 13.4, 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 including any delivery costs charged as soon as possible.

Our right to vary these terms

12.1
We amend these Terms from time to time.
12.2
Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
12.3
We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
(a) changes in relevant laws and regulatory requirements; or

(b) Other circumstances dictated by our commercial needs.
12.4
If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes.

Your consumer right to return and refund

This clause 13 only applies if you are a consumer

13.1
If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
13.2
However, this cancellation right does not apply in the case of: (a) Sealed audio or sealed video recordings or sealed (b) Any Products which become mixed inseparably with other computer software, once these Products are unsealed after you receive them. items after their delivery.
13.3
Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order).
13.4
To cancel a Contract, you just need to let us know that you have decided to cancel by emailing Customer Services at info@buysend.com. If you are e-mailing us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
13.5
If you cancel your Contract we will:
(a) refund you the price you paid for the Products.

(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method).

(c) make any refunds due to you as soon as possible.
13.6
If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us. All products come with a 12 month warranty; if a Product becomes damaged or faulty within 12 months of delivery, we will replace it free of charge or provide a no-hassle full refund.
13.7
We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
13.8
If a Product has been delivered to you and then you decide that you do not want the product:
(a) then you must return it to us within 100 days of delivery by sending it back after emailing us at info@buysend.com or by contacting our customer service team on (+44) 0845 544 1305 letting us know that you wish to cancel the contract. We will process a no-hassle full refund within 24 hours of receipt.

(b) unless the Product is faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.

Delivery

14.1
We will contact you with an estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 18 for our responsibilities when this happens.
14.2
Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
14.3
You own the Products once we have received payment in full, including all applicable delivery charges.

Clause 14.4 only applies if you are a consumer

14.4
If we miss the delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
(a) we have refused to deliver the Products;

(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
14.5
If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.4, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
14.6
If you do choose to cancel your Order for late delivery under clause 10.5 or clause 10.6, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.

UK Delivery

15.1
We offer free standard delivery on all Products listed on our site being delivered within the United Kingdom. This will usually mean that your order will be sent using 2ndclass post using the Royal Mail Carrier.
15.2
Orders are dispatched on the same day subject to the order being made before 1pm. We dispatch orders 7 days per week.
15.3
For items that weigh above 2kg, the price of the product will include free next day delivery using either Interlink Express or DPD Couriers.
15.4
We also offer the option to upgrade your shipping subject to an additional fee that may vary from time to time. We offer the following UK delivery services and delivery speeds:
(a) Royal Mail 2nd Class – 2-3 working days (Free)

(b) Royal Mail 1st Class – 1-2 working days (subject to charge)

(c) Express Courier – Next working day (if ordered before 1pm – subject to charge unless clause 11.3 applies)
15.5
Express courier orders use Interlink Express & DPD. This is a fully tracked and insured service and will be delivered to you the next working day subject to your order being made before 1pm. You will receive a tracking number along with an hour time slot in which the courier intends to deliver your order. This time slot can be rescheduled with the courier directly.
15.6
Orders are picked & packed 7 days per week, however our couriers do not make collections on Saturday or Sunday.

International Delivery

16.1
We offer free shipping on all orders and deliver to all countries worldwide (International Delivery Destinations). However there may be restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.
16.2
In order to ensure free shipping to International Delivery Destinations, please change the "location" option at the top right hand corner of our site to the "rest of the world" option. Then check to make sure that all product prices include ‘FREE international shipping’. If you have any problems in this regard please contact our customer service team via our contact form or by phoning (+44) 0845 544 1305.
16.3
If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
16.4
You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
16.5
You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

Price of products and delivery charges

17.1
The prices of the Products will be as quoted on our site at the time you submit your order. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 13.4 for what happens if we discover an error in the price of Product(s) you ordered.
17.2
Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
17.3
The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, 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.
17.5
The price of a Product may not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
17.5
Our site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and

(b) if the Product's correct price is higher than the price stated on our site, we will contact you via email as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order with a full refund. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify via email and/or the contact phone number you provide us with.

How to pay

18.1
You can only pay for Products using a debit card, credit card or PayPal. We accept the following cards: Visa Debit, Visa Credit Card, Visa Electron, Switch, Mastercard.
18.2
Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.

Our warranty for the products

19.1
For all Products, we provide a 12 month warranty from Delivery, the Products shall be free from damage or material defects. If a Product develops a material defect within 12 months we will replace it free of charge or offer a full refund where a replacement is not available. However, this warranty does not apply in the circumstances described in clause 15.2.
19.2
The warranty in clause 15.1 does not apply to any defect in the Products arising from:
(a) fair wear and tear;

(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

(c) if you fail to operate or use the Products in accordance with the user instructions;

(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or

(e) any specification provided by you.

(f) If the Product has been the subject of commercial use.

Our liability if you are a business

This clause 20 only applies if you are a business

20.1
We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
20.2
Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

(d) defective products under the Consumer Protection Act 1987.
20.3
Subject to clause 16.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;

(b) loss or corruption of data, information or software;

(c) loss of business opportunity;

(d) loss of anticipated savings;

(e) loss of goodwill; or

(f) any indirect or consequential loss.
20.4
Subject to clause 16.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 300% of the price of the Products.
20.5
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

Our Liability if you are a consumer

This clause 21 only applies if you are a consumer

21.1
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
21.2
We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
21.3
We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d) 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); and

(e) defective products under the Consumer Protection Act 1987.

Events outside our control

22.1
We will not be 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 is defined below in clause 18.2.
22.2
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation 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.
22.3
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a 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.
22.4
You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

Communication between us

23.1
When we refer, in these Terms, to "in writing", this will include e- mail.
23.2
If you are a consumer you may contact us as described in clause 1.2.
23.3
If you are a business:
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.

(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e- mail, one Business Day after transmission.

(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

Other important terms

24.1
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
24.2
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 15 to the recipient of the gift without needing to ask our consent.
24.3
This Contract is between you and us. No other person shall have any rights to enforce any of its terms. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 15, but we and you will not need their consent to cancel or make any changes to these Terms.
24.4
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.
24.5
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.
24.6
If you are a consumer, please note that these Terms are governed by the law of England and Wales. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
24.7
If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
24.8
If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non- contractual disputes or claims).

Competitions

1.0
Entrants must be over the age of 18 in order to enter the competition. Details of the individual competition timescale will be available on the post itself with a competition end date. Entrants are entitled to one entry per competition for a social media channel. A competition entrant can enter through Facebook once, Twitter once and Instagram once. Any additional entries for the same competition will not be submitted. As soon as a new competition is available then an entrant can enter once for each again.
2.0
Winner(s) are selected at random and will be notified by the social media channel to which they entered on. We will announce the winner(s) on social media channels requesting a direct message to confirm delivery details. Please ensure delivery details are sent to us as a direct message to ensure privacy. All delivery address details we receive are kept strictly confidential. BuySend.com will cover delivery costs to send the winner(s) prize to the delivery destination.
3.0
The competition is run solely by BuySend.com and is independent of all social media channels.

These terms and conditions form part of the Agreement between the Customer and ourselves. Your accessing of this website and/or making a purchase on this website indicates your understanding, agreement to and acceptance, of the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.