1. THESE TERMS
These are the terms and conditions on which you may register an account with us to reserve the products on our website, and how we supply the products to you.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you and how you and we may change or end the contract.
These terms must be read on conjunction with our Website User Terms and Acceptable Use Policy insert a link
PLEASE NOTE that if you ordering digital content from us (such as videos or games), once an order is processed (see clause 4) you will be able to download or stream it immediately and therefore you will lose the right to cancel your purchase of the product.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are BBL BUYBYLIST LTD, a company registered in England and Wales with Company Number 11151704. Our registered office is at 71-75 Shelton Street, Covent Garden, London WC2H 9JQ.
2.2 You can contact us by telephoning our customer service team at 07503 639435 Monday – Friday: 9:00 – 17:00 (excluding Bank and public holidays). Or you can write to us at the above address, email us at firstname.lastname@example.org or via our Contact Page https://www.buybylist.co.uk/contact/
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. HOW IT WORKS
3.1 In order to be able to purchase the products shown on the website, you will be required to open an online account.
3.2 Once your account is activated, you must first reserve the product (“your reservation”) and make payment for the product at the discounted price shown on the website.
3.3 You will then be able to monitor, via your account, the placing of your reservation within the BuyByList.
3.4 When your reservation reaches the top of the BuyByList, the reservation will then be processed as an order and your product will be despatched to you.
3.4 For more information on how it works please read our Website User Terms insert a link
4. OUR CONTRACT WITH YOU
4.1 Your placing on the BuyByList does not mean that we have accepted your reservation, which only constitutes a contractual offer to purchase, that we may, at our sole discretion, accept.
4.2 Our acceptance of your reservation to an order is only indicated by our either informing you that we are to dispatch your products, or our dispatching the products to you (whichever is first) and it is only at that point that a contract will come into existence between you and us for the provision of the products.
4.3 If we are unable to accept your reservation or order, we will inform you of this and will not charge you for the product. This might be because we are no longer able to provide the product at the price stated on the website, or at all, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product.
4.4 You may only purchase our products if you are over the age of 18. If you are buying products from outside of the United Kingdom, or wish to have the products delivered outside of the United Kingdom, then additional terms will apply to your purchase as set out in Clause 17.
5. THE PRODUCTS
5.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
5.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5.3 The discounted saving on our website are based on the high street prices for the products at the time they were first offered on our site. As high street prices vary often, and we do not update the price of the products after they are listed, we make no warranties or assurances that the products cannot be purchased on the high street for less than the original listing on the website, or that they cannot be purchased on other sites for less than the originally discounted price listed on the website.
5.4 Where we state the high street retail prices, it should be noted that the prices are for new products only that can be purchased in the UK and the products may be found cheaper on marketplaces such as Amazon or eBay and outside of the UK, so may those that are offered by way of discounted packages with other goods, goods sold as clearance, liquidation or auction sales, service or reward-based promotions, such as trade-ins, cashbacks, extended warranties or express delivery, or short-term promotions.
6. CHANGES TO THE RESERVATION OR PRODUCT
6.1 You may withdraw your reservation at any time and obtain a full refund. If you change your mind after your reservation has been processed and/or your order dispatched, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 8).
6.2 If we are unable to provide a products, we may offer an alternative, but you do not have to accept this and can cancel the order (see Clause 8).
7. PROVIDING THE PRODUCTS
7.1 Reserving a product via our website is a unique opportunity to purchase products at hugely discounted prices however, we do not actually stock the products. Please refer to the Website User Policy here for information on how BuyByList works.
7.2 By submitting a reservation and request to purchase a product, you understand that we cannot offer any guidance or timeframes as to when the products will be delivered, but you will be able to see where your reservation is on the BuyByList at all times.
7.3 You can cancel your reservation at any time before it is processed and the product dispatched and obtain a refund of your payment.
7.4 When your order reaches the top of the BuyByList, the product will usually be dispatched to you by way of secure shipping within 1 to 10 working days free of charge if you are resident in the UK and the product is being delivered in the UK. Delivery charges will apply for any product to be delivered outside of the UK.
7.5 We may require a signature for some orders, if this is likely to prove inconvenient please either contact us via our contact page https://www.buybylist.co.uk/contact/ or consider another delivery address such as a workplace or with a neighbour
7.6 We are not responsible for matters outside our control. If our supply of the products is delayed or frustrated by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect. Provided we do this we will not be liable for delays or non-performance of the contract caused by the event, but you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.7 If no one is available at your address to take delivery and the product (i) cannot be posted through your letterbox, or (ii) requires a signature, we will leave you a note informing you of how to rearrange delivery or collect the products from a local delivery depot.
7.8 If, after a failed delivery to you, you do not re-arrange delivery or collect them from the local delivery depot, or the product is returned to us due to an incorrect address, we will contact you for further instructions. We will charge you £5.00 to cover our administration costs for this, and will also charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and Clause 10.2 will apply.
7.9 The product will be your responsibility from the time we deliver the product to the address you gave or if we deliver the product to your specific instructions (i.e. to be left in a secure place of your choice or with a neighbour).
7.10 You only own the product once we have processed your order and started to dispatch it to you.
8. YOUR RIGHTS TO END THE CONTRACT
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it and when you decide to end the contract:
If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired), see Clause 11;
If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;
If you have just changed your mind about the product, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
8.2 If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about a change to the product or these terms which you do not agree to (see Clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. You do not have a right to change your mind in respect of:
(a) digital products after you have started to download or stream these;
(b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
(c) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them.
8.4 How long you have to change your mind depends on what you have ordered and how it is delivered:
(a) Have you bought digital content for download or streaming? If so, you have 14 days after the day we let you know that your reservation has been processed or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
(b) Have you bought goods? If so you have 14 days after the day you (or someone you nominate) receives the goods.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
Call us at 07503 639435 Monday – Friday: 9:00 – 17:00 (excluding Bank and public holidays).
Email us at email@example.com or use or Contact Page https://www.buybylist.co.uk/contact/
Print off the form at the end of these terms and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You post them back to us at BUYBYLIST LTD, 71-75 Shelton Street, Covent Garden, London WC2H 9JQ. We will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you obtain proof of sending. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.
9.3 We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description or due to a delay in delivery due to events outside our control.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 Where we have dispatched the products to you, we will make any refunds due to you within 14 days of our receiving the returned products from you. In all other cases, the refund will be made within 14 days of your telling us you wish to end the contract.
9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a)We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop, for example, damaging any security seals or packaging. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b)The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) breach any of the Website User and Acceptable Use policies;
(b) you do not, within a reasonable time, allow us to deliver the products to you.
10.2 If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product. We may write to you to let you know that we are going to withdraw the product and will refund any sums you have paid in advance for products which will not be provided.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 07503 639435 Monday – Friday: 9:00 – 17:00 (excluding Bank and public holidays). Or you can mail us at firstname.lastname@example.org or use or Contact Page https://www.buybylist.co.uk/contact/
11.2 Summary of your legal rights. We are under a legal duty to supply products that are of satisfactory quality, fit for their purpose and meet any description that are given to them. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
up to 30 days: if your goods are faulty, then you can get an immediate refund.
up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
up to six years: if your goods do not last a reasonable length of time (bearing in mind their nature) you may be entitled to some money back.
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject faulty or misdescribed products you post them back to us at BUYBYLIST LTD, 71-75 Shelton Street, Covent Garden, London WC2H 9JQ. We will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you obtain proof of sending. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.
12. PRICE AND PAYMENT
12.1 The price of the product which you will pay (which includes VAT) will be the price indicated on the website when you placed your order. We use our best efforts to ensure that the high street price of the product and the discount applicable are correct correct. However please see Clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 You must pay for the products at the time you make your reservation. Details of the payment methods are found on our website.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill[, but we are not responsible for any loss or damage that is not foreseeable]. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at Clause 11.2.
13.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
15. LOYALTY POINTS AND REFERRAL SCHEME
Please refer to the Website User Policy : https://www.buybylist.co.uk/terms-and-conditions/website-user-policy/
16. OTHER IMPORTANT TERMS
16.1 We may transfer our rights and obligations under these terms to another organisation.
16.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
16.7 Alternative dispute resolution. If you are not happy with the way we have handled a complaint, for as long as the United Kingdom is part of the European Economic Area, you may be able to submit a claim for online resolution to the European Commission Online Dispute Resolution platform.
17. ADDITIONAL TERMS FOR PRODUCTS TO BE DELIVERED OUTSIDE OF THE UK
17.1 The delivery of the product will take longer dependent upon where they are to be delivered and the and You will be required to pay for the delivery costs. The cost of delivery will be as shown during the checkout process.
17.2 You are responsible for payment of any import tax, local duties etc. that may be payable upon import and/or delivery of the products.
17.3 The products will be deemed delivered if, for any reason, they are seized by any import or other government body due to the non-payment of import or any other tax or duties.
17.4 You will also be responsible for paying any duties or tax payable on the products if they are returned to us when they are delivered back to the UK.
17.5 If you cancel this contract for goods that have been delivered outside of the European Union we will reimburse to you the cost of the product once you have returned them to us, but not the cost of delivery. BUT WE WILL DEDUCT FROM THE REFUND THE ORIGINAL DELIVERY COSTS EVEN IF WE DID NOT CHARGE THIS TO YOU ON THE ORIGINAL DELIVERY.
(Complete and return this form only if you wish to withdraw from the contract)
To BUYBYLIST LTD
71-75 Shelton Street
London WC2H 9JQ
hereby give notice that I/We [*]
wish to cancel my/our [*] reservation/order of the following goods [*]
Reserved on [*]
received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate