Terms And Conditions
1.1 This Agreement is the only form of contract between the Parties and any Customer terms and conditions will not apply unless expressly agreed in writing. By submitting an Order, the Customer agrees to apply the terms and conditions of this Agreement in priority over any other agreement between the Parties except previously agreed B&P Wholesale Ltd Credit Account terms and conditions which, where conflict arises, take precedence over this Agreement.
1.2 Any Order is subject to acceptance by B&P Wholesale Ltd. B&P Wholesale Ltd is not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods by B&P Wholesale Ltd does not in itself constitute acceptance by B&P Wholesale Ltd of the Order.
1.3 B&P Wholesale Ltd may vary the terms and conditions of this Agreement from time to time by publishing new terms and conditions on the website.
2. Goods being Sold
2.1 Descriptions and specifications for the Goods are set out on B&P Wholesale Ltd website at the time of the Order. B&P Wholesale Ltd try to be as accurate as possible in all our descriptions and specifications however this cannot be guaranteed.
2.2 Goods ordered in a specific colour, pattern or design are sold subject to stock availability and B&P Wholesale Ltd may substitute the Goods with newer items or items of comparable or better quality, alternative colour, pattern or design unless the customer has stated otherwise.
2.3 If any Goods are unavailable or out of stock then B&P Wholesale Ltd may cancel the Order in whole or in part and refund any monies paid. If once the customer has paid and we notify the customer of an out of stock item the customer can choose to either have the item delivered once back in stock, a date should be given to you at this point, or you will be offered a refund.
2.4 Customers placing Orders for age-restricted goods confirm that they are over 18 years of age and that delivery will be accepted by a person over 18 years of age.
3. Terms of Payment and Payment Methods
3.1 The Goods shall be payable at the prices listed on B&P Wholesale Ltd website at the time of the Order. B&P Wholesale Ltd reserves the right to update prices on the website from time to time. Occasionally, prices advertised on the website may differ from prices advertised in our warehouse or for collection and we are under no obligation to honour the price on the website if the Order is placed through the warehouse and vice versa. A delivery and/or insurance charge may be payable in addition to the price of the Goods. All prices are quoted in British Pound Sterling.
3.2 Unless otherwise stated, all prices quoted exclude Value Added Tax (“VAT”). Any such VAT shall be charged in accordance with the relevant regulations in force at the time of the Order.
3.3 Occasionally an error may cause the price/description published or advertised for Goods to be incorrect, in which case B&P Wholesale Ltd shall be under no obligation to honour the incorrect price or Order.
3.4 Payment for Goods and Delivery may be made by any of the options listed on the website
3.5 B&P Wholesale Ltd reserves the right to charge interest at 10% above the base lending rate of the Bank of England calculated monthly on late or overdue payments by the Customer.
3.6 All Orders may be subject to further credit or security checks.
4.1 Full delivery prices and options are listed on the B&P Wholesale Ltd website and subject to change from time to time.
4.2 We offer a next day delivery on all orders placed before 12 noon Monday - Thursday. Orders placed before 12 noon Friday will be delivered Monday and orders placed Saturdays and Sundays will be delivered on Tuesday. If you require a Saturday delivery please contact us for information and prices. ( Please allow extra time for deliveries during bank holiday periods )
4.3 Offshore/Remote deliveries will usually be despatched as soon as possible however the actual delivery time cannot be guaranteed and will vary depending on the delivery location. Please call for prices
4.4 B&P Wholesale Ltd will use reasonable endeavours to meet delivery estimates in all cases however B&P Wholesale Ltd cannot be held liable for any loss or damage due to delay in delivery.
4.5 Risk in the Goods transfers to the Customer at the time of delivery but title will not pass until payment has been made in full for the Goods in question.
4.6 Goods delivered are used, stored and installed at the Customer’s own risk and B&P Wholesale Ltd will not be liable for any damage, loss or disruption caused by the same.
5. Warranties and Returns
5.1 Subject to the conditions in this Clause 5, Goods sold in the UK mainland may be returned for a refund, exchange or replacement within 14 days provided they are returned unused, in a saleable condition and in their original packaging at the customers own cost. Goods that have been opened, marked/soiled, damaged or used will not be entitled to a refund. Certain Goods cannot be returned for hygiene reasons.
5.2 Any goods that are faulty must be posted back in their original packaging within 7 days of receiving the goods, B&P Wholesale Ltd will post out a replacement like for like subject to stock availability and price at the time the replacement is sent.
5.3 Goods that are missing from delivery or damaged due to delivery must be reported to B&P Wholesale Ltd within 24 hours.
5.4 The warranties in this Clause 5 do not apply to any defect in the Goods caused by the fault, negligence or failure of the Customer to use the goods for their normal intended purposes.
6.1 B&P Wholesale Ltd reserves the right, by notice to the Customer, to cancel or suspend any Order where payment has not been received in accordance with Clause 3 of this Agreement.
6.2 B&P Wholesale Ltd reserves the right to cancel any Order and/or terminate this Agreement if the Customer cannot pay its debts or becomes bankrupt or has a winding-up order made or appoints an Administrator, Liquidator, Receiver or similar is appointed over the whole or a substantial part of the assets and undertaking of the Customer.
6.3 B&P Wholesale Ltd reserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and/or performance of this Agreement is affected by reasons out of B&P Wholesale Ltd reasonable control such as force majeure, act of God, adverse weather and government intervention, sanction or legislation.
7. Limitation of Liability
7.1 The Customer agrees that B&P Wholesale Ltd will not be liable for any losses or damage suffered by the Customer including but not limited to damage to neighbouring or connected items or premises, consequential loss, loss of business, business interruption or loss of time due to the use or purchase of the Goods by the Customer.
7.2 Goods sold are not insured for delivery unless otherwise confirmed by B&P Wholesale Ltd .
8.1 This Agreement is governed by English law and the Parties shall be subject to the exclusive jurisdiction of the English courts.
8.2 Any right or obligation contained in this Agreement shall be distinct and severable and if one or more of the same are declared invalid, illegal, void or unenforceable then the remainder shall continue in force and effect to the fullest extent permissible by law.