Terms and conditions of business
- Introduction
1.1 Sales and supplies by Bin Factory Outlet Ltd (hereinafter referred to as “BFO”) are effected exclusively on the basis of the following Terms and conditions of sale (hereinafter referred to as (“Terms”), which the Customer acknowledges by the placing of an order. These conditions shall also apply to all future business transactions with the Customer. The application of any deviating or supplementary terms and conditions of the Customer shall be excluded, even if BFO does not expressly contradict these.
For the avoidance of doubt where there are inconsistencies between these Terms and those agreed in other documents by BFO then such additional expressly agreed terms shall take precedence over these.
1.2 The Customer has had the opportunity to consider these Terms and to take legal advice if so desired before agreeing to be bound by them.
1.3 If you do not accept these Terms and Conditions you should immediately stop using this website. Your use of this website constitutes your acceptance of these Terms and Conditions. BFO cannot guarantee that you will always be able to access this website, and BFO will not be liable to you for any interruption or delay that you experience in accessing the website, whatever the cause.
1.4 Dimensions, weights and descriptions of the goods stated by BFO either on the website, verbally or otherwise are approximate only and are not binding as to details.
1.5 Colours shown on the website or otherwise are indicative and are not binding.
Use of our website
2.1 Whilst every care has been taken to ensure the information on this website is both accurate and up to date, BFO does not accept any liability to any party for loss or damage incurred by reliance placed on the information contained in this website or through omission or errors howsoever caused. Nothing on this website constitutes professional advice and any user of the website should consult a suitable qualified professional for advice relating to a specific enquiry or issue.
2.2 The Content of this website is copyright of BFO. Content may only be copied, downloaded or reproduced for personal use. The Content must not be used for reproduction on any other website, or in any way for commercial purpose of gain unless our written consent is obtained first. The term “Content” includes all test, images and graphics which appear on the website, and the design and layout of the website. Certain images and company logos in this website are the copyright or trademark of third parties and any use is subject to the terms and conditions of such third parties.
- Ordering, cancelling and returning products
3.1 When an order is placed via our website using the checkout function an order acknowledgement may be emailed immediately to the Customer confirming details of the products ordered. These emails do not constitute acceptance of an order.
3.2 Order acceptance and the completion of the contract between BFO and the Customer will take place on the despatch to the Customer of the products ordered unless BFO have notified the Customer that the order has not been accepted, or if the Customer has cancelled the order in accordance with these Terms.
3.3 BFO reserves the right to cancel any order in any circumstances including, but not limited to the below:
a. if after acceptance the goods set aside for such order are destroyed or damaged beyond repair and cannot be replaced;
b. the goods are no longer available;
c. an error is identified with pricing or a description; or
d. or our inability to obtain authorisation for payment by the Customer
3.4 The Customer is entitled to cancel the contract, provided that the right is exercised no longer than 14 days after the day on which the goods are delivered. Delivery date being the date recorded by our courier.
3.5 The right to return or cancel products does not apply to goods that are modified in any way as a result of a specification submitted by the Customer. This doesn’t affect the Customer’s statutory rights if goods are faulty or not as described.
3.6 If a Customer wishes to exercise their right to return or cancel an order, they must retain possession of the goods and take reasonable care of them. The goods must not be used, damaged or altered in any way and where applicable must be in their original packaging.
3.7 Where an order is cancelled after goods are delivered the Customer must return the goods to The Bin Factory within 14 calendar days of such cancellation. Any such cancellation must be made within 14 days of receipt of delivery in order to be valid, any cancellations received after this date will not be accepted. The Customer shall afford The Bin Factory reasonable time to arrange return delivery using the delivery method chosen by The Bin Factory. The Customer shall comply with all terms & conditions set out by the transport company to ensure the goods are received by The Bin Factory in the condition they were received. Responsibility for payment of return shipping depends on the circumstances on which the return is initiated:
a. if due to a change of mind by the Customer then the Customer is responsible for paying return shipping costs. The return shipping cost starts from £54.85 plus VAT per item.
b. if due to a fault with the goods delivered, the order being damaged upon arrival at the delivery address specified by the Customer (subject to additional Terms & Conditions of Delivery available on the Bin Factory Outlet website), or in the case of the incorrect or substituted goods being sent, then The Bin Factory shall be responsible for return shipping costs.
In line with the Consumer Contracts Regulations 2013, provided the returns process is initiated by the Customer within 14 days of receiving the order, and all the above terms are met The Bin Factory shall refund the Customer in full within 14 days of receiving the return.
3.8 To initiate a return, if the Customer has registered for an account on the website they can login to their account and follow the returns process, otherwise the Customer can contact BFO using the contact details shown on the website and a member of staff will assist. A cancellation form will be provided which will need to be completed as part of the process.
3.9 The contract will be concluded in English.
- Payment
4.1 Unless otherwise agreed in writing by BFO the terms of payment shall be:-
- Cash (including bank transfer received into the nominated account of BFO and cleared card payment confirmed by the card processor of our choice), or cleared cheque prior to delivery
- Where expressly agreed by BFO in writing prior to delivery net monthly, such time to run from the date of issue of invoice rather than receipt of goods. Net monthly payment requires the Customer to pay within 30 days of issue of invoice.
4.2 BFO reserves the right to charge interest up to the statutory limit calculated on a daily basis from the sate when same becomes due until the date of actual payment.
4.3. Terms of payment as agreed shall be strictly observed by the Customer and the time for payments shall be of the essence. The obligations of BFO are subject to the terms of payment and all the Customer’s other obligations being observed.
4.4 It is a condition of the acceptance of any order that having regard to the continuance and unpredictable fluctuations in the main variables establishing BFO’s list price such as the cost of raw materials, that goods be charged by BFO and paid for by the Customer at the prices ruling at the date of invoicing or as specific contract. The responsibility remains with the Customer to ascertain whether prices in their possession are valid at the time of invoicing. BFO will not in the normal way avail itself of this condition except where such a variable is in the opinion of BFO substantial.
- Title
5.1 Notwithstanding that credit may have been given for the payment of the price of goods the Customer agrees that the goods shall remain the sole and absolute property of BFO as both legal and equitable owner until such time as the Customer shall have paid to BFO the agreed price together with the full price of any other goods the subject of any other contract with BFO.
5.2 The Customer will keep the goods insured to their full replacement value against loss or damage with some reputable insurance company until payment in full has been made for the goods and will provide BFO with evidence of such insurance upon request.
5.3 Until such time as the Customer becomes the owner of the goods, they will be a bailee of them only and will store them on their premises separately from their own goods or those of any other person and in a manner which makes them readily identifiable as the goods of BFO. The Customer will not amalgamate, conjoin or in any way mix BFO’s goods subject to the condition that the entire proceeds thereof are held in trust for BFO and are not combined with other monies or paid into an overdrawn bank account and shall at all times be identifiable as BFO’s monies.
5.4 BFO may at any time for the purpose of recovery of its goods in the event of the Customer entering into liquidation, becoming bankrupt, having a winding up order made against them or having a Receiver appointed in respect of whatever reason enter upon the premises where they are stored or where they are reasonably thought to be stored and may repossess the same.
- Delivery, Assignment of Risk, Insurance
6.1 Any period or times stated for collection by the Customer ex-factory/store or for delivery to the Customer are estimates only and in any event BFO accepts no responsibility for loss or damage of whatever nature resulting from reasonable delay. Time shall not be of the essence for delivery of an order unless expressly agreed in writing prior to agreement on a contract price.
6.2 Where the Customer places an order/contract for goods to be delivered in instalment, any failure by the Customer to comply with the contract will entitle BFO to withhold further instalments.
6.3 In cases where goods are to be delivered by BFO within a period detailed in the contract and where the Customer cannot accept BFO shall, if its storage permits, store the goods and take all reasonable steps to prevent their deterioration until their actual delivery and the buyer shall be liable to BFO for the cost (including insurance) of its so doing. This provision shall be in addition to, not in substitution for, any other payment or damages for which the Customer may become liable in respect of their failure to take delivery at the appropriate time.
6.4 Despatch shall be effected by an appropriate means of despatch as deemed fit by BFO in its absolute discretion unless other provisions are agreed with the Customer in writing by BFO prior to agreeing on price.
6.5 Packaging of the order shall be at the discretion of BFO, who shall have the right to pack the order in such manner and with such materials and in such quantities as in its absolute discretion deems fit unless detailed packaging instructions are received from the Customer and agreed in writing by BFO prior to agreeing on price.
6.6 Risk shall be assigned to the Customer with the handover of the order to the transport company or to the Customer themselves. In the event of handover or despatch being delayed for reasons attributable to the Customer, risk shall be assigned to the Customer on the day of notification of readiness to despatch the order. BFO will replace free of charge goods damaged or lost in transit (excluding any transit from BFO’s factory/warehouse in respect of goods collected from there by the Customer), or make up an incomplete delivery provided the Customer gives BFO written notification of such loss or incomplete delivery within 72 hours.
6.7 Insurance shall be arranged only at the wish and expense of the Customer.
6.8 The Customer shall bear the cost of any proof they may require of the despatch of the order to the deliver address provided by the Customer.
6.9 The type and quantity of goods delivered shall be recorded by BFO upon despatch from its factory/warehouse and BFO’s record shall be accepted by the Customer as conclusive evidence of the quantity delivered.
6.10 It is the responsibility of the Customer to notify BFO if the order has not been received by the Customer within seven days of the date of receipt of BFO’s sales invoice or despatch notification, whichever is later. Therefore if no notification is made to BFO within the time period the Customer shall be deemed to have received the order.
- Quality, Deficiency and Inspection Obligation
7.1 Details given in catalogues, price lists, on the website and other information material provided to the Customer by BFO, as well as information describing the product, are under no circumstances to be understood as being a guarantee for a particular quality of the goods, such quality guarantees must be expressly agreed in writing in order to be binding.
7.2 Rights of the Customer arising from deficiencies in the goods supplied arising from an order shall be subject to the precondition that they have examined the goods after handover, and advises BFO in writing of any deficiencies forthwith, but at the latest two weeks after handover. Concealed defects or deficiencies must be notified to BFO in writing forthwith after their discovery.
7.3 In the event of any complaint BFO or the designer, manufacturer or distributor of the goods (hereinafter “BFO or other parties”) shall be availed of the right to view and inspect the goods which are the subject of complaint. The Customer shall grant BFO or other parties the time and opportunity necessary for this. BFO or other parties shall also be entitled to require the Customer to return the goods which are the subject of complaint to BFO or other parties at BFO or other parties’ expense. In this case the most cost-efficient mode of despatch must be selected. In the event of a complaint by the Customer proving to be unfounded, and in the event of this having been identifiable by the Customer before making the complaint, the Customer shall be obliged to reimburse BFO or other parties for all expenditure incurred in this connection.
7.4 The Customer shall comply with the carrier’s rules, regulations and requirements so as, when appropriate, to enable BFO to make a claim against the carrier in respect of any damage or loss in transit.
7.5 BFO or other parties shall rectify any deficiencies at their own discretion by rectifying the defect free of charge for the Customer, or providing an item free of any deficiencies by way of replacement supply (jointly referred to as “Subsequent Fulfilment”).
7.6 The Customer shall accord BFO or other parties appropriate time and opportunity necessary for Subsequent Fulfilment. Only in urgent cases of impairment of operational safety or the avoidance of disproportionally serious damage, or if BFO or other parties is in arrears with the rectification of the defect, shall the Customer have the right, after immediate notification to BFO or other parties, to rectify the defect themselves, or arrange for it to be rectified by third parties, and to demand from BFO or other parties the reimbursement of the costs required for this.
7.7 Parts replaced by BFO or other parties are to be returned to BFO or other parties at their request and at their cost.
7.8 The Customer’s rights in the event of deficiencies shall not apply if deficiencies arise for reasons attributable to the Customer e.g. due to unsuitable or inappropriate use, and in particular failure to follow the operating instructions, faulty commissioning, incorrect handling (e.g. excessive force), or erroneous installation by the Customer, unsuitable accessories, unsuitable spare or replacement parts, unsuitable repair measures, or natural wear and tear, provided that the deficiencies are not attributable to BFO or other parties.
7.9 The costs of transport, travel, labour and materials incurred for the purpose of Subsequent Fulfilment shall be met by BFO or other parties.
7.10 In the event of Subsequent Fulfilment not succeeding, being unacceptable to the Customer, or if BFO or other parties has declined to act, the Customer shall be entitled, at their discretion and in accordance with the provisions of the law, to withdraw from the contract, or to reduce the purchase price, and/or to demand compensatory damages in accordance with Item 10, or the reimbursement of their expenses.
7.11 The statute of limitations for the rights of the Customer in respect of deficiencies shall be twelve months from the delivery of the goods to the Customer. For claims for compensatory damages by the Customer for reasons other than deficiencies in the goods and in respect of Customer’s rights in cases of aggravated concealed deficiencies or deficiencies caused by wilful negligence, the statutory periods of limitations shall remain in effect.
- Warranty
8.1 BFO warrants that at the time of sale the goods will be correctly marketed for the purposes of which they are advertised. No other warrant in respect of any defect or failure whether express or implied shall apply. As a retailer and not a designer, engineer, manufacturer or distributor BFO shall have no liability in respect of any defect or failure in the goods.
8.2 BFO shall not be bound by any statement as to price, representation warranty or conditions not expressly specified herein nor any representation, warranty or condition whether verbal or in writing made by its agents or servants unless also confirmed in writing by BFO.
8.3 Where a Customer submits or specifies an alternative design which results in the goods supplied being different from the goods marketed on our website, BFO will not be liable for any defect in the goods, whether down to design, manufacture or marketing. The design is the sole responsibility of the Customer, and by nature of having designed the product the accuracy of the marketing of the goods is also the sole responsibility of the Customer.
8.4 Any warranty which may be received from a designer, engineer, manufacturer or distributor for goods sold by BFO will pass to the Customer who purchases the product from BFO. The designer, engineer, manufacturer or distributor providing the warranty has sole responsibility for the warranty. The Customer must act in accordance with the terms of the warranty provided by the third party, and in any case shall have no claim against BFO for any design or manufacturing defect in any goods sold but not designed or manufactured by BFO. The Customer must provide BFO with written notice and satisfactory proof of any defect promptly upon discovery of such defect but in no case later than the expiry of the Warranty Period given by any designer, engineer, manufacturer or distributor of products sold by BFO. BFO shall have no liability for any marketing defect of any goods sold by BFO if the marketing defect was not the fault of BFO.
8.5 Save insofar as the law permits exclusion of liability, BFO’s liability under sale or contract is limited to assisting the Customer in pursuing any warranty claim provided by the designer or manufacturer, and BFO shall be under no liability to the Customer or to any person for any personal injury, loss or damage of whatever nature whether the same may be caused by negligence, breach of statutory duty, breach of contract, breach of warranty or condition, whether such warranties or conditions are express or implied or are derived from statute or common law of howsoever liability may arise.
8.6 Any performance figures quoted or referred to in any specification or other document put out by BFO are estimates only based on assumed conditions, and levels of management, with experienced adequate and efficient users and proper utilisation of satisfactory materials. All these factors are outside the control of BFO and consequently performance cannot be warranted.
- Right to sub-contract/assignment
9.1 BFO shall be entitled to sub-contract the whole or any part of the contract without the consent of the Customer.
9.2 BFO shall be entitled to assign or otherwise transfer the whole or any part of the contract or any of BFO’s rights and obligations hereunder (including, without limitation, any debt or indebtedness owed by the Customer to BFO) whether in whole or in part without the prior written consent of the Customer.
- Liability and compensatory damages
10.1 Subject to the ruling under Item 8.10, statutory liability for BFO or other parties for compensatory damages shall be restricted as follows:
a. BFO or other parties shall be liable, limited in the amount concerned to the typical damages foreseeable at the concluding of the contract, for the infringement due to minor negligence of major obligations arising from the indebtedness relationship;
b. BFO or other parties shall not be liable for the infringement due to minor negligence of insubstantial obligations arising from the indebtedness relationship;
10.2 The foregoing restriction of liability shall not apply in cases of mandatory statutory liability (in particular in accordance with the Product Liability Law), as well as in the event of the undertaking of a guarantee or culpability incurred physical injury.
10.3 The Customer shall be obliged to take appropriate measures to protect against damage and reduction in value.
- Commercial Protective Rights
11.1 In the event of the Customer specifying, by way of specific instructions, information, documentation, drafts or drawings, as to products that BFO will supply, then the Customer shall undertake a guarantee that the rights of third parties, such as patents, utility models, and other protective rights and copyrights, will not be infringed by BFO. The Customer shall keep BFO safe and harmless in respect of all claims by third parties which may be pursued against BFO as a result of such infringement.
- Lump-sum Compensatory Damages
12.1 BFO shall be entitled, in the event of non-fulfilment of the contract by the Customer, to demand from the Customer a lump sum in compensatory damages in the amount of 10% of the price to be paid by the Customer. The Customer however shall be entitled to provide proof that BFO has not incurred any damaged, or substantially lesser damages.
- General Provisions
13.1 The Customer shall only be entitled to assign any rights and claims arising from this Contract to third parties after obtaining written approval from BFO.
13.2 Amendments and supplements to this Contract and/or these Terms, as well as any ancillary agreements, shall be required to be in writing.
13.3 In the event of a provision of the Contract and/or these Terms becoming unworkable in whole or in part, the effectiveness of the remaining provisions shall remain unaffected thereby.
13.4 No waiver by BFO of any breach of the contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
13.5 BFO shall be entitled to cancel or rescind the sale or contract and in any event shall not be liable for loss or damage, if the performance of its obligation under the sale or contract is in any way adversely affected by any cause whatsoever beyond BFO’s control including but not limited to the default of any subcontractor, war, strike, lockout, trade dispute, flood, accident to plant or machinery, shortage of materials or labour and epidemic or pandemic.
13.6 Exclusive jurisdiction for any disputes arising from the contractual relationship shall be that of the English courts. BFO shall, however, be entitled to claim against the Customer at any other statutory place of jurisdiction.
13.7 This contract is and shall be deemed to have been made in England and shall in all respects be governed by English law.
