This page (together with the documents referred to on it) tells you the terms and conditions (Conditions) on which we supply any of the products (Products) listed on our website www.busypeas.com (our site) to you. Please read these Conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these Conditions.
You should print a copy of these Conditions for future reference.
By ticking the box prior to placing your order which says “I accept Busy Peas’ terms and conditions of sale” you are agreeing to be bound by these Conditions. Please understand that if you refuse to accept these Conditions, you will not be able to order any Products from our site.
1. INFORMATION ABOUT US
www.busypeas.com is a site operated by Busy Peas Limited (we, us or our). We are registered in England and Wales under company number 7164584 and our registered office is at 3 Montrose Villas, Hammersmith Terrace, Chiswick Mall, London W6 9TT. Our VAT number is 998 620 266.
2. YOUR STATUS
By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are a ‘Consumer‘ (being an individual purchasing the Products outside the course of his or her business or trade).
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (the Contract) will only be formed when we send you the Dispatch Confirmation.
3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
3.3 Please note, once you have placed an order with us, we are unable to amend it.
4. CANCELLATIONS, RETURNS AND REFUNDS
4.1 To cancel your Contract with us, you must:
(a) return your Products to us within 7 working days, beginning on the day after you receive them to our return address:
Busy Peas Limited – Returns Department,
C/o Exact Abacus Limited,
(b) notify us (in writing) of your intention to return the Products to us at: email@example.com or at the address stated at clause 4.1(a) within 7 working days, beginning on the day after you receive them.
4.2 If you cancel your Contract in accordance with clause 4.1 and return all of the Products to us you will be entitled to a full refund including the cost of delivery (at standard postage rates only). Please note that you will be responsible for the cost of returning the Products to us.
4.3 If you believe the Products are faulty, please:
(a) return your Products to us within 7 working days, beginning on the day after you receive them to our address stated at clause 4.1(a); and
(b) notify us (in writing) of your intention to return the Products to us at: firstname.lastname@example.org or at the address stated at clause 4.1(a) within 7 working days, beginning on the day after you receive them. Please explain the fault and indicate whether you would like an exchange or a refund (if the goods are deemed faulty by us on inspection).
4.4 Please note, you must take reasonable care of the Products whilst they are in your possession and, when returning Products to us, you must ensure that they are in the same condition they were in when you received them (i.e. they must be unworn and returned with all labeling and original packaging). If you fail to comply with this obligation, we may have a right of action against you for compensation.
4.5 All Products are returned at your own risk. Please request a ‘proof of posting’ certificate from your Post Office.
4.6 All refunds for cancelled contracts, will be processed as soon as possible but, in any event, within 21 days of the day you have given notice of the cancellation. All returns for defective Products will be examined once they have been received by us and we will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product (including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us).
4.7 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
5.1 If you would like to exchange any of the Products that you have ordered for something else, please let us know within 14 days after receiving the Products by calling us on: (44) 1772 331883 .
5.2 Products returned for an exchange to the address stated at clause 4.1(a) shall be returned at your own cost and you will also be responsible for the cost of re-delivering the exchanged Product to you.
5.3 Please note, you must take reasonable care of the Products whilst they are in your possession and, when returning Products to us you must ensure that they are in the same condition they were in when you received them (i.e. they must be unworn and returned with all labeling and original packaging). If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.4 All Products are returned at your own risk. Please request a ‘proof of posting’ certificate from your Post Office.
5.5 Once we have received your returned Products and we are happy with their condition, we will process a full refund for those Products and process the sale of your new Product. You should receive your new Products within 7 working days of the sale being processed.
5.6 All refunds for non defective Product exchanges will be processed as soon as possible but, in any event, within 21 days of the day you have given us notice of your exchange. All exchanges for defective Products will be examined once they have been received by and we will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product (including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us).
5.7 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
6. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances. If you provide us with any instructions relating to the delivery of your order (including, without limitation, instructions to leave the Products in a particular place) we shall not be liable to you in relation to any loss of or damage to the Products resulting from us following your instructions.
7. RISK AND TITLE
7.1 The Products will be at your risk from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8. PRICE AND PAYMENT
8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2 These prices include (where applicable) VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.6 Payment for all Products must be by credit or debit card. We accept payment with Mastercard, Visa and Maestro debit & credit cards. We will not charge your credit or debit card until we dispatch your order.
9. OUR LIABILITY
9.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
9.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
9.3 This does not exclude or limit in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings; or
(e) loss of data provided that this clause 9.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 9.1 or clause 9.2 or any other claims for direct financial loss that are not excluded by any of the categories (a) to (e) inclusive of this clause 9.4.
10. IMPORT DUTY
10.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
10.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Busy Peas Limited, 3 Montrose Villas, Hammersmith Terrace, Chiswick Mall, London, W6 9TT or by emailing email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. EVENTS OUTSIDE OUR CONTROL
14.1 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 events outside our reasonable control (a “Force Majeure Event“).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action.
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) impossibility of the use of public or private telecommunications networks.
(f) the acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.
If any of these Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
17.1 These Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Conditions.
17.3 We intend to rely upon these Conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Conditions to be confirmed in writing.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these Conditions from time to time.
18.2 You will be subject to the policies and Conditions in force at the time that you order Products from us, unless any change to those policies or these Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
19. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.