Terms & Conditions

 

  1. Introduction to Terms & Conditions

This page (together with the documents referred to on it) sets out the terms and conditions (Terms and Conditions) on which we supply the goods listed on our website at www.billybag.com . Please read these Terms and Conditions carefully before ordering any goods or services . You should understand that by ordering any of our goods or services, you agree to be bound by these Terms and Conditions.

Each time you make a purchase , you will need to indicate your acceptance of these Terms and Conditions by clicking in the box marked "Please check this box once you have read and agreed to the Term and Conditions" during the checkout process. Please understand that if you refuse to accept these Terms and Conditions, you will not be able to order any goods or services from our site.

The Terms and Conditions are subject to change at any time, and it is your responsibility to check these Terms and Conditions regularly before ordering goods or services in case there are any changes.

  1. Our Contact Details

If you have any questions regarding , its products, services or an order that you have placed, please contact us by emailing us at neal@billybag.com We aim to answer all questions within 24 hours between Monday and Friday, from 9.30am to 6pm but please bear with us if we are a little longer especially on Banks Holidays and Christmas time.  

  1. Product Availability

Our site is only intended for use by people resident in the Serviced Countries. We do not accept orders from individuals outside of those countries. Please review our Serviced Countries page before ordering any products/services from us. There may also be restrictions on the sale or delivery of certain products to certain international delivery destinations, so please review the information on that page carefully before ordering those products.

Goods dispatched to addresses outside of the European Union are generally not subject to VAT.

If you order goods 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.

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.

Delivery times are clearly displayed on the website next to each individual item. If no delivery date is specified, your order will be fulfilled within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

If We have insufficient stock to deliver the goods you have ordered, We will not charge your credit card until the date your order is sent to you. We will inform you that you will not receive your order by e-mail at the address given in your order form and any sum which may have been credited from your credit card will be re-credited to you no later than 30 days after the date of your order.

  1. Your Status

By placing an order through our site, you warrant (promise) that:

(a)     you are legally capable of entering into binding contracts;

(b)     you are at least 18 years old;

(c)      the information given on your order form is complete and accurate; and

(d)     you will keep your password confidential and will be responsible for all of your account activity. If you think that anyone else might have obtained your password, you must change it immediately.

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 and Conditions will affect these legal rights.

  1. Our Contract

All orders are subject to acceptance by us and availability of the requested item(s). After placing an order, you will receive an email from us acknowledging that we have received your order. It will specify the item(s) you have ordered, the cost (including VAT and postage and packaging) and delivery and invoice details. If your order has been unsuccessful, you will be made aware of the reason why and possible explanations. Please note that this acknowledgment email does not mean that your order has been accepted – your order constitutes an offer to us to purchase goods or services. All orders are subject to acceptance by us and we will confirm such acceptance by sending you an email confirming that we have dispatched the item(s) to you (the Dispatch Confirmation). The Dispatch Confirmation email will represent our legal acceptance of the offer you made to purchase the item(s) and the contract between us (the Contract) will only be formed (and, except where you are paying via PayPal or using store credit, in which case your account will be debited immediately on you placing your order, we will debit your account) when we send you the Dispatch Confirmation.   

If we confirm to you that some but not all item(s) that you have ordered have been dispatched, those item(s) that have not been dispatched will not form part of the Contract. In the event of any change, such as a change in price or expected delivery date between completion of your order and Contract formation, we shall inform you and you shall at that point have the right to either: (i) accept such change (in which case your email reply will represent a new offer which we will accept upon notification of dispatch); or (ii) reject such change (in which case your email reply will represent a withdrawal of your order, or the relevant part of your order as the case may be). If you have already paid for the item(s), we will refund the full amount no later than 30 days after the date of your order.

  1. Risk and Title

The goods will be at your risk and responsibility from the time we despatch your parcel for delivery.

Ownership of the goods will pass to you when we receive full payment of all sums due in respect of the goods, including delivery charges.

  1. Price and Payment

We aim to ensure that the pricing of goods and services on our VE website is correct at all times. However, the web pages may not always accurately reflect the correct details at the moment at which you place your order. We reserve the right to change prices without prior notice at any time prior to dispatch. We cannot confirm the price of an item until your order is accepted via the Dispatch Confirmation.

All prices include VAT (at the UK rate) where applicable, but exclude delivery costs, which will be added to the total amount. 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.

Goods dispatched by Us to addresses outside of the European Union are generally not subject to VAT.

All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, your order will not be accepted and We will not be liable for any delay or non-delivery.

  1. Cancellation, Returns and Refunds

We want to provide you with the best possible customer service. We hope you are delighted with your items. However:

  • If your order is faulty, damaged or not as described on Our website,  return it to us within 30 days of delivery for a full refund (including delivery charges);
  • If you change your mind, the cancellation policy set out below will apply.

If you need to return your goods please follow our Returns Procedure, as set out below.

  1. Cancellation Policy

Except in relation to certain goods (as described below), if you live in the UK you have the right (Statutory Cancellation Right) to cancel your order and withdraw from the Contract, without giving any reason, and receive a full refund, within 14 days from the day you receive the goods or, where multiple goods from one order are delivered separately, 14 days from the day you received the last good.

In addition, if you return any item you have ordered from Us within 28 days of delivery, and provided it is in an unused and saleable condition, we will refund the cost of the item (but not the delivery charges).  This is a right we provide you with in addition to your Statutory Cancellation Right.

These rights to cancel do not apply to personalised goods, products made to your specification, or perishable goods.

 

  1. Returns Procedure

How to exercise your right to cancel

If you wish to exercise your rights to cancel, you must inform us by sending an email to neal@billybag.com in each case making a clear statement setting out your decision to cancel and withdraw from the Contract. You can use the model cancellation notice set out at https://billybag.myshopify.com/pages/delivery-and-returns to notify us that you wish to cancel a Contract, but you are not obliged to.  

Returning your goods

When returning your products, please ensure you comply with the following conditions. No claims can be processed unless these conditions are strictly adhered to.

  • you will bear the cost of returning the goods;
  • you must obtain a proof of delivery receipt. This is your proof of return and must be provided if the item you are returning fails to arrive at our returns warehouse;
  • please allow up to 14 working days for the goods to be returned and for us to process your return;
  • please allow up to 14 days for the refund to be visible on your account.

 

  1. Your refund following cancellation

If you live in the UK, within 14 days of receiving your notification that you wish to cancel and withdraw from the Contract, we will provide a full refund, including, where you have exercised your Statutory Cancellation Right, the costs of delivery (with the exception of extra costs resulting from you choosing non-standard delivery).

We will carry out this refund by using the same means of payment as you used for the initial transaction.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

  1. Copyright

All rights, including copyright, in the content of the Our website pages are owned, licensed to or controlled for these purposes by Billybag . In accessing Our web pages, you agree that you may only download the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of these Our web pages for any other purpose whatsoever without Our prior written permission. .

  1. Force majeure (Events outside of our control)

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control. We will contact you as soon as reasonably possible in such an event.

  1. Our Liability

If we fail to comply with these Terms and Conditions, we are responsible for any loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.

We only supply the items for domestic and private use. You agree not to use the items for business, commercial or re-sale purposes and we have no liability to you for loss of profit, loss of business, business interruption or loss of business opportunity.

Nothing in these Terms and Conditions shall exclude or limit Our liability for:

  • death or personal injury as a result of Our negligence;
  • Our fraudulent misrepresentation or fraudulent concealment;
  • any breach of the terms implied by section 12 of the Sale of Goods Act 1979;
  • any breach of the terms implied by sections 13 to 15 of the Sale of Goods Act 1979;
  • defective products under the Consumer Protection Act 1987.
  1. Safe Shopping - secure guarantee

We place great importance on maintaining the security of the information that you provide and for this reason we use an advanced Internet security system to safeguard your data. All the data that you send through, including your credit/debit card number and name and address, is encrypted and converted into code before it is transmitted across the Internet. Therefore in the extremely unlikely event that the data should be intercepted, it would be encrypted and difficult to decipher.

  1. Privacy

We take your privacy very seriously. We collect and process data in accordance with our Privacy Policy. Please take the time to read this Privacy Policy as it contains terms that apply to you. By using Our website you consent to such collection and processing and you warrant that all data provided by you is accurate.

  1. Transfer of Rights and Obligations

The Contract between you and Us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

  1. Waiver

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. A waiver by us of any default shall not constitute a waiver of any subsequent default.

  1. Entire Agreement

These Terms and 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.

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 implied from anything said or written in negotiations between us prior to such Contract, except as expressly stated in these Terms and Conditions.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these Terms and Conditions.

 

  1. Invalidity and Governing Law & Jurisdiction

If, for any reason, any part of these Terms and Conditions is unenforceable, the validity of the remaining Terms and Conditions shall not be affected.

Contracts between you and Us shall be governed by English law and you and We submit to the non-exclusive jurisdiction of the courts of England and Wales.