Terms & Conditions
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by Balmond wholesale, whose registered office is at Unit G33, Hastingwood Trading Estate, Harbet Road, London, N18 3HT, United Kingdom, registered in England and Wales No. 07790317 (the "Supplier"). In these terms “you” and “your” as appropriate refer to the buyer and “us”, “our” and we refer to the seller, Balmond wholesale and any other associated company. “Days” refers to working days, being Monday to Friday inclusive, excluding bank holidays, unless otherwise stated.
1.2 Balmond wholesale is pleased to accept orders subject to the Terms and Conditions of sale as stated below. Your use of the Balmond wholesale trading website (“www.balmond.com”) and purchase of the products (or services) (“products”) on it means that you agree to these terms and conditions (“terms”). No variation of these Conditions shall be binding unless agreed by letter signed by an Authorised Representative of Balmond wholesale. Please read the terms carefully before placing your order. We would advise you to retain a copy of them for your future reference.
1.3 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us.
1.4 By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
1.5 The contract is subject to your right of cancellation (see below).
1.6 The Supplier may change these terms of sale without notice to you in relation to future sales.
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the Supplier's website at the time you place your order. The price for each product is shown on balmond.com in UK Sterling and excludes or includes VAT at 20% where appropriate.
2.2 Prices do not include charges for delivery. This will be additional depending on the value of the order or weight of the products. 2.3 The goods are subject to availability.
2.3.1 If on receipt of your order the goods you have ordered were shown in stock and are then not available in stock, the Supplier will inform you as soon as possible and advise you of the earliest possible delivery date. Should you wish to cancel your order at this point, you must immediately send an email to email@example.com stating your order acknowledgement number and that you wish to cancel your order. On receipt of your email the supplier will issue a refund or re-credit to you for any sum that has been paid by you or debited from your credit card for the goods.
2.3.2 If on receipt of your order the goods you have ordered were shown not in stock the Supplier will inform you as soon as possible and advise you of the earliest possible delivery date. Should you wish to cancel your order at this point, you must immediately send an email to firstname.lastname@example.org stating your order acknowledgement number and that you wish to cancel your order. On receipt of your email the supplier will issue a refund or re-credit to you for any sum that has been paid by you or debited from your credit card for the goods, but the supplier will retain a cancellation fee of £1.00 to cover credit card payment charges.
2.4 Every effort is made to ensure that prices shown on the Supplier's website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 7 days of informing you of the error, the order will be cancelled automatically. If you cancel, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.5 We reserve the right at any time to revise prices to account for any increases in costs including the increase or imposition of any duty, tax, levy or exchange rate variation. We will take all reasonable steps to notify you of any relevant revision of prices before processing your order.
3. Payment & Security
3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier's website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be of the essence.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
3.4 We accept all major credit and debit cards in partnership with(). We have also subscribed to the () to provide you with complete peace of mind. For security purposes, we will only deliver to the cardholder’s address.
3.5 To ensure that your online shopping experience is secure, your credit / debit card details will be encrypted on a secure server to minimise the possibility of someone being able to read them as they are sent over the Internet.
3.6 How does Balmond wholesale Protect Customer Information?
3.6.1 When you place orders or access your account information, we offer the use of a secure server.
3.6.2 For credit card transactions, Balmond wholesale adds security by using Secure Sockets Layer (SSL) technology, with 128 bit encryption. This means that the credit card information you send is encrypted by your computer, and then decrypted again on our side, preventing others from accessing your private information in between. So, when using an SSL capable browser, shopping on balmond.com web site is the safest kind of transaction possible with a credit card.
3.6.3 Furthermore, as required by the UK Data Protection Legislation, we follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access. Our security procedures mean that we may occasionally request proof of identity before we are able to disclose sensitive information to you.
4.1 The goods you order will be delivered to the address you give when you place your order, except that some deliveries are not made outside the United Kingdom. Deliveries are normally made between the hours of 9am to 5pm Monday to Friday.
4.2 Orders placed before 12:00 pm (noon) on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
4.2.1 Where on the website we have indicated items in stock, we shall endeavour but not guarantee to deliver the goods, once ordered within 3 working days.
4.2.2 We shall provide a tracking number which will allow you the customer to track your shipment with the specified courier company.
4.2.3 It may be the case that if some items are not in stock, or the balance is not in stock, we shall inform you by your email address of the same, and advise you of the anticipated delivery date.
4.3 If delivery cannot be made to your address for reasons under the Supplier's control the Supplier will inform you as soon as possible.
4.4 Somebody will need to sign for your delivery unless you specify special delivery instructions in advance. If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier, the Supplier may:
4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.4.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods, less any expenses incurred for failed delivery.
4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
4.7 Time for delivery shall not be of the essence. The goods may be delivered by the Supplier in advance of the quoted delivery date.
4.8 Upon receipt of your order you will be asked to sign for the goods received in good condition. If you are unable to check the contents of the package at that moment in time please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
4.9 When your order arrives you must check for damages and or shortages. Claims for damages and or shortages have to be made within 48 hours of receipt of your delivery. Claims for damages and or shortages made after 48 hours of your delivery arriving will be refused. Time and date of delivery is recorded with our carriers.
4.9.1 To make a claim for any damages and or shortages you must immediately send an email to email@example.com stating your invoice number and the details of the damages or shortages.
4.9.2 You must then arrange for any damaged goods to be returned to Balmond wholesale, Unit G33, 35 Hastingwood Trading Estate, Harbet Road, London, N18 3HT, United Kingdom within 7 working days of your claim at your cost, for us to be able process your claim further.
4.10 Keep all the packaging from your delivery in a secure dry environment in case you need to return any part of your order to us.
5.1 The goods are at your risk from the time of delivery
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.2 all other sums which are or which become due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the Supplier.
6. Title for Business Customers
6.1 If you are a business customer until ownership of the goods has passed to you, you must:
6.1.1 store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier's property;
6.1.2 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier's behalf for their full price against all risks to the reasonable satisfaction of the Supplier. 0n request you shall produce the policy of insurance to the Supplier; and condition and keep them insured on the Supplier's behalf for their full price against all risks to the reasonable satisfaction of the Supplier. 0n request you shall produce the policy of insurance to the Supplier; and
6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
6.1.3 hold the proceeds of the insurance referred to in condition
6.2 If you are a business customer your right to possession of the goods shall terminate immediately if:
6.2.1 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
6.2.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
6.2.3 you encumber or in any way charge any of the goods.
7. Your right of cancellation and Returns Policy
7.1 You have the right to cancel the contract at any time up to the end of 7 working days after you receive the goods (see below), providing the goods have not been fitted or modified in any way and providing they are returned with the original packaging and providing the goods are in a resalable condition.
7.2 To exercise your right of cancellation, you must immediately send an email to firstname.lastname@example.org stating your order acknowledgement number and that you wish to cancel your order. You must then arrange for the goods to be returned to balmond.com c/o Balmond wholesale, Unit Unit G33, 35 Hastingwood Trading Estate, Harbet Road, London, N18 3HT, United Kingdom within 7 working days of informing us of your cancellation and returning them at your cost.
7.3 If you exercise your right of cancellation after the goods have been dispatched, you will be responsible for returning the goods to the Supplier at your own cost. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
7.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods only, and not for the packing and shipping costs, only after the cancelled items have been received in good condition by us.
7.5 If you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
8.1 All goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
8.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier's instructions, or any alteration or repair carried out without the Supplier's approval.
8.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via the e-mail address email@example.com. Initially you will be responsible for returning the goods to the Supplier at your own cost, your return will be inspected upon delivery to the supplier and providing the goods have been returned as required you may be issued with a refund for the carriage costs incurred. The goods must be returned to the address shown below. You must take reasonable care to ensure the goods are not damaged further in the meantime or in transit.
8.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via the e-mail address or fax number shown below, as soon as possible, but in any event within 7 days of the date you discovered or ought to have discovered the damage, defect or complaint. Initially you will be responsible for returning the goods to the Supplier at your own cost, your return will be inspected upon delivery to the supplier and providing the goods have been returned as required you may be issued with a refund for the carriage costs incurred. The goods must be returned to the address shown below. You must take reasonable care to ensure the goods are not damaged further in the meantime or in transit.
10. Limitation of Liability
10.1 Balmond wholesal total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods.
10.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier's negligence or fraudulent misrepresentation.
10.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
10.4 Balmond wholesale liability for direct loss or damage arising from damage to tangible property for which Balmond wholesale is liable shall be limited to the VAT exclusive price of the relevant Product or Service in connection with which any claim for damage or loss is made.
10.5 The limitation on any exclusion from liability contained in these Conditions shall be subject to the provisions of section 2(1) of the Unfair Contract Terms Act 1977.
10.6 Balmond wholesale will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
10.7 If you are a business customer Balmond wholesale shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
12. Applicable Law
12.1 These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and each party agrees irrevocably to submit to the exclusive jurisdiction of the courts of England and Wales.
12.2 Interpretation and Jurisdiction These terms and conditions only cover the balmond.com web site. Any other websites which you link to from this website are governed by their own terms and conditions. We accept no responsibility or liability for web sites that are not under our control.
12.3 We are required by law to inform you that sales can only be concluded in English.
13. Copyright Notice
13.1 All content in whatever format found on balmond.com web site is copyright of it's respective owner, Balmond wholesale and legal action may be taken if any person(s) or business is found using the content found on balmond.com web site without permission in advance.
13.2 Balmond wholesale does not give you any right or interest in any copyright or intellectual property rights in any Product nor the right to copy them. The copyright in Balmond wholesale and the content of all the software, web site and pages relating to the balmond.com web site is owned by, or licensed to Balmond wholesale Ltd, unless otherwise specified and may not be used, copied or altered without our express consent.
13.3 Copyright extends to the design, look and feel of balmond.com, all photographs on it and its marketing materials.
13.4 Balmond wholesale, balmond.com and our logos are trade names or trade marks of Balmond wholesale and may not be used by anyone else without our express permission. We have applied for a registered trademark in the name “Balmond wholesale” and we are also the owners of unregistered trade mark rights in them.
13.5 Some product images and product descriptions within the balmond.com website are Copyright © their respective owners. All brand names, logos and trademarks are property of their respective owners.
13.6 In addition to the above copyright notice any person/persons or businesses wishing to use hyperlinks or links in any other format to link balmond.com must first obtain permission in writing and legal action may be taken if deemed necessary by balmond.com if permission was not obtained in advance or if permission was denied.
14. Errors & Omissions
14.1 Every effort is made to ensure the accuracy of any technical data or literature made available in relation to our products and services.
14.2 All descriptions and illustrations of goods in any catalogue, brochure, information on the balmond.com website, price list or in any other document provided by us are intended for general guidance only and do not form part of any contract between you and us.
14.3 We accept no liability for any error or omissions in such documents and cannot be liable in any circumstances for any loss or damage resulting from your reliance on such descriptions and illustrations.
14.4 We will promptly correct any errors brought to our attention.
15. Statutory Rights
All statements, guarantees or warranties in these terms of trading are additional to and do not affect your statutory rights. These terms and conditions are subject to change at any time without prior notice to you.