Please read all of these Terms and Conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, phone us on 0203 148 8888.
Definitions
- “Buyer” means the person who buys or agrees to buy Goods on this website from www.Bargainia.com Limited.
- “Seller” means www.Bargainia.com as Bravich LTD
- "Goods" means all products listed on the order and the order confirmation e-mail.
- "Consumer" has the meaning given in section 12 of the Unfair Contract Terms Act 1977
- “Special Items" mean any Goods that are not held in stock by The Seller.
- “Bespoke” means items that have been manufactured or altered specifically according to the buyer’s particular choice.
- “Delivery" means the delivery of the Goods to the delivery address specified on the order.
- “Confirmation” means the correspondence sent out by the Seller acknowledging and accepting the Buyer’s order.
Conditions of Contract
- By placing an order with the Seller, the Buyer hereby agrees to the terms and conditions as set out below.
- Each order, not limited to the online purchasing process, once accepted and confirmed by email (or the delivery of the goods) by the Seller, will be binding in accordance with the terms and conditions.
- It is the buyer’s obligation to ensure all details of the order and the buyer’s own information is correct. The Buyer will bear any cost involved in correcting such mistakes.
- The Seller has the right, for any reason, not to accept the Buyer’s order, thereby breaking any binding contract. The Buyer will be notified as soon as possible. Any payment already made by the Buyer at this point will be refunded as soon as possible and no later than 30 days after placing the order.
- Any typing or clerical error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the Seller’s part.
Conditions of Sale
- The Seller will notify the Buyer of receipt of the order. This will not be binding until the Buyer receives the notification of acceptance of the order from the Seller in the form of an “Order Confirmation” email.
- This document will provide specific details of the buyer’s order, including product description and delivery charges.
- Any photographs or printed material is intended as a guideline only. Certain items may be included in the illustration of a product that are not part of the product, included in the product description, or not part of the order (for example, bedside tables, lamps, and bedcovers).
- The description of the goods will be as specified within the confirmation E-mail, and it is the Buyer’s responsibility to check that the Goods specified are as the Buyer intended to order.
- Product measurements are estimates and may vary slightly by batch.
- Goods will be shipped as soon as they are available. The order may be shipped in parts as the stock is available.
All Goods which appear on the Website are subject to availability.
- Bargainia.com are unable to reserve stock or hold stock.
- Bespoke items cannot be returned due to a change of mind.
In the case of any Goods made to your special requirements, it is the buyer’s responsibility to ensure that any information or specification you provide is accurate.
Limitations of Liability
- Bargainia.com brand as part of Bravich LTD’s total liability regarding the performance of this contract shall be limited to the value of the Goods.
- www. Bargainia.com brand as part of Bravich LTD shall not be liable for any direct, indirect or consequential losses, costs or expenses incurred or any consequential compensation arising out of the performance/or non-performance of this contract.
- Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation or any other liability which may not otherwise be limited or excluded under applicable law.
- Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control.
- All contracts shall be governed by English Law
- Any order placed by the Buyer and accepted by www. Bargainia.com is subject to the following terms.
- A confirmation of your order will be sent automatically by e-mail and unless you are notified to the contrary within 72 hours of this confirmation, the order will be deemed to be accepted by www. Bargainia.com
- www. Bargainia.com Limited retains the right to refuse any order that is subject to an error on its website and will in these circumstances, reimburse the Buyer in full.
Price and Payment
- Unless, for the reasons stated below, the published price of the products will be as advertised at the time of placing the order. In the event of any increase to the Seller of raw material, labour, overheads, or any increase in taxes or duties or any variation in the exchange rate, the Seller may increase the Price payable under the contract upon written notice. If this notice is given to the Buyer after placing the order, the Buyer has the right to cancel the order and receive a refund following the Cancelation T&C
- The goods will not be dispatched until payment has been cleared.
- Prices and charges include VAT at the rate applicable at the time of the Order.
- If you use any payment financing options offered (Klarna/Clearpay, New Pay and etc), Bargainia.com cannot be held responsible for any technical errors or additional charges for the providers.
- In the event of overpayment by the Buyer Bargainia.com will refund the amount overpaid only and cannot be responsible for any bank interest or charges incurred.
- All Payments are strictly placed through the www.Bargainia.com payment providers on the website.
- PayPal orders can only be delivered to the PayPal guarantee address.
- If for any reason, the buyer raises a dispute for the order through the payment provider on the website, the Seller reserves the right to only communicate regarding the dispute on the payment provider platform
- Seller has the right to refuse to accept any further orders and close the account of the buyer in case of fraudulent activity and take legal action if required. This included, but was not limited to launching fraudulent dispute cases through payment providers, returning misused items for a refund and etc.
Delivery
- Delivery will be made only to the address stated by you at the time of placing the order.
- Delivery will be made by the seller or an agent appointed by the seller.
- The seller and their agents will make all reasonable efforts to meet the date agreed for delivery; should this not be possible, the seller will not be held responsible.
- Once the date and time have been agreed, if the buyer is not present, the seller reserves the right to charge to cover the costs of rearranging delivery up to £65 per failed delivery
- Delivery timescales and charges are estimated guidelines. Some products for Northern Ireland Buyers may occasionally take longer due to the logistics of supply.
- The seller or nominated agents are unable to hold goods. Delivery must be arranged within ten working days of the goods being available for delivery. The seller retains the right to charge storage should the time period be exceeded.
- Most Goods will require some form of assembly, and it is the Buyer's responsibility to assemble the Goods.
- Delivery is official to the front door only, but Goods may be taken to the room of choice at the driver's discretion if access is clear. For health and safety, our delivery people are not able to remove their shoes. Please ensure you protect any floor and surfaces.
- All delivery must be signed for, and possessions of the Goods will be transferred to the Buyer.
- Deliveries Costs
- If the delivery of the goods fails at the door because the goods won’t fit or the buyer changes their mind, the seller reserves the right to deduct the failed delivery charge up to £65.00 and return charge up to £85.00 from the purchased goods refund. It is the buyer’s responsibility to take measurements and ensure that goods will fit before the delivery team arrives.
- If the buyer has been booked in for delivery and is not present to receive the delivery, the seller reserves the right to cancel the goods order and deduct the failed delivery charge up to £65.00 along with the return charge up to £85.00 from the goods order refund.
- If the delivery is confirmed for the next day, the buyer has until 12 o'clock day before delivery to make amendments or cancel the delivery. If the Buyer notifies the seller after 12 o'clock, the seller reserves the right to invoice the buyer up to £65.00 for failed delivery, in addition to the cost of the item, which would be payable in 7 days.
Cancellation
- The Buyer must notify the Seller as soon as possible about the wish to cancel the order.
- Notifying the Seller of cancellation does not guarantee order cancellation.
- If the Goods have been dispatched with the courier, the Seller can no longer cancel the order and a return charge up to £85.00 may be applied
- Orders Shipping charges after the dispatch is non-refundable.
- In the event that Buyer rejects the order with the Courier, Seller reserves the right to deduct a return charge up to £85.00 to cover courier returned shipment costs from the Courier.
- The Buyer may cancel the order during the 14-day cooling-off period.
- The cooling off period is the time between placing the order and 14 days after receipt of the Goods. Written notice must be given to the Seller within this period, or the cancellation will not be accepted.
- If the Buyer has taken possession of the goods, it is the Buyer’s responsibility to ensure the Products are not damaged. Goods must be unused and in their original packaging.
- Return of the Goods is the Buyer’s responsibility cost, including shipping costs and any damage accrued to the goods while they become the position of the seller.
Returns
- When the Buyer signs for the goods on delivery, they become responsible and liable for the goods until they pass back into the possession of Bargainia.com.
- All returns must be authorised by the Seller.
- All returns must be returned within 30 days of the delivery date.
- To book the return, the buyer is required to contact the Seller’s Customer Service team by sending an email to info@bargainia.com. The email must contain the Order Number and reason for return.
- If the Buyer returns an item without the Seller’s authorisation, the Seller reserves the right not to process a Refund.
- All Goods must be returned in their original packaging with no signs of usage.
- The Seller reserves the right to refuse a refund on returned Goods:
- Returned Goods are used.
- Returned Goods are not in the original packaging.
- If the returned packaging does not contain the goods originally purchased.
- If the returned goods have been damaged in transit back to the Seller, it is the Buyer’s responsibility to claim the damage with the courier.
- Large Collections arranged by the Seller:
- All items need to be in their original packaging. If the item is not in packaging and the collection fails, the Seller reserves the right to deduct a failed collection charge of up to £135.00 from the item refund.
- If the buyer has confirmed a collection for the next day and is not available at the agreed time, the Seller reserves the right to deduct a failed collection charge of up to £135.00 from the item refund.
- If the Buyer has confirmed the collection date but wants to change it. It is their responsibility to contact the Courier to change the collection time by 12 O’clock midday the day before the scheduled collections. If the buyer has not done so, The Seller reserves the right to deduct a failed collection charge of up to £135.00 from the item refund.
- If a collection has been arranged with the Seller (at Buyer’s cost) and the Goods are not adequately packaged at the time of collection, then they will not be collected, and the Seller retains the right to charge further for re-collection in vale up to £80.00 to cover costs incurred.
- Return of ‘Not as Ordered’ product.
- The Buyer must inform the Seller within 14 days after the delivery date that the Buyer has received an incorrect order. As the Buyer is in possession of the Goods, all responsibility for any damage will lie with the Buyer.
- The return of the items will be arranged by the customer service team as soon as possible. The Buyer will receive a full refund for the product within 30 days, if not sooner.
- Goods Exempt from Returns:
- Bespoke items (customised order, e.g. custom-cut stair runners)
- Perishable goods such as food, flowers, newspapers, or magazines cannot be returned.
- Due to the intimate nature of pillows, mattress protectors, duvets, linen etc., these items are exempt from the statutory 14-day cooling-off period under the Consumer Contracts Regulations 2013, when they have been unsealed.
Furniture returns and guarantee
- All Furniture items are covered by a one-year manicuring guarantee.
- The buyer must report all damaged in delivery issues within 14 days of the delivery.
- The buyer must report all manufacturing faults within 30 days of the delivery.
- The buyer is required to have original packaging in the event of faulty goods returned within 30 days of the delivery.
- The buyer has the right to return the purchased goods up to 30 days from the delivery date.
- The buyer is required to notify the seller of wish to return the goods buy contacting customer support.
- The buyer will be responsible for return shipping charges for the goods.
- If the purchased goods develop a fault within the first 6 months from the delivery date, the buyer is required to notify the seller as soon as possible.
- Investigations for manufacturing faults:
- The seller will require information regarding the claim of a manufacturer fault. This may include, but is not limited to, a detailed description of the issue and how it has developed, photographs, videos, etc
- If the buyer does not provide the information within 14 days of the request, the seller will close the case and reserve the right to refuse further investigation.
- After six months it is the buyer’s responsibility to prove that the issue with the goods is a manufacturing fault.
- If the seller’s investigation determines that the fault is not a manufacturing issue, the buyer has the right to source an independent expert and present the evidence to the investigation team. The seller will not be liable for any extra charges incurred in this process.
- In the event that a wooden or metal bed and or sofa frame is purchased, the seller is not responsible for replacing damaged parts if the bed frame or sofa has been improperly constructed or improperly used. Any metal or wooden bed frame that is being used on laminate or wooden flooring must have anti-slip pads under the centre legs, and they must be straight, or the bed will collapse. Also, the bed once assembled, is not to be dragged with the mattress on it, as this will cause excess pressure on the central support causing the bed to collapse.
- Seller reserves the right to withdraw the guarantee of the item in the following situations:
- If the Buyer has attempted to repair the damage to the goods themselves
- If the Buyer has not followed our product care guides available on the website.
- If the Buyer has not used the appropriate cleaning products and has created cosmetic damage
- If the Buyer has misused the items in any way
Electrical goods
- All electrical goods have a one-year manufacturer guarantee from the delivery date.
- Guarantee covers malfunctioning items due to poor workmanship or technical issues.
- The buyer is required to notify the seller of a fault with the electrical item as soon as possible.
- The buyer is required to cooperate with the seller by providing all of the necessary information to conduct an investigation. This can involve but is not limited to providing detailed descriptions of the fault, photos, video, etc.
- In case of the faulty item needs to be returned, the buyer is responsible for sourcing safe packaging for the return of the item.
- Guarantee does not cover:
- Misuse of the item
- Cosmetically damage
- If there has not been reasonable care, take while using the item.
- If the Customer attempted to repair the item themselves
To claim the guarantee for a product, please send an email to info@bargainia.com with the order details, an explanation of the fault and images /videos of the item preferably showing the issue.
Drop shipping
- Damage in Transit: Bargainia.com does not take responsibility for items that are damaged during transit from the drop shipper to their customer
- Copyright Infringement: Any use of Bargainia.com materials, including descriptions, photos, videos, and other content, for listing purposes without proper authorisation will be considered as copyright infringement. Bargainia.com reserves the right to take legal action without any prior notice.
- Consumer Rights Obligation: Bargainia.com's consumer rights obligation is towards the Buyer who places the order, not the end client. It is the responsibility of the drop shipper to address any concerns or issues related to the order of their customer.
- Guarantees: Bargainia.com reserves the right not to honour any guarantees for items that have been further sold by the drop shipper. The drop shipper should clearly communicate this to their customers.
- Notification Requirement: All drop shippers are required to notify Bargainia.com about their intent to use our platform for reselling goods. Failure to notify us may result in the cancellation of orders and the blocking of accounts.
- Contacting Customer Support: In case of any faults or issues with orders placed for drop ship Buyers, the drop shipper must contact Bargainia.com's customer support directly. It is important to follow the terms and conditions provided by our customer support team for efficient resolution.
Additional T&Cs
- Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside of their reasonable control, including but not limited to strikes, lock outs, accidents, war, fire, reduction or unavailability of power at the Seller's premises or its/ suppliers manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, import or export regulations or embargoes (including the failure of the Seller's suppliers to obtain any necessary export permits licences or other authorisations) and the party shall be entitled to a reasonable extension of its obligations.
- Any notice required or permitted to be given by either party to the other under the conditions shall be in writing. In the case of notices to the Seller, Buyer is required to address to the Seller at the email info@bargainia.com with details of the order number and delivery address. Notices to the Buyer will be sent to the Buyer’s provided email address at the time of placing the order.