TERMS AND CONDITIONS

OWNERSHIP ● LEGAL AGREEMENT ● TERMS AND CONDITIONS RELATING TO SALES OF PRODUCTS ● TERMS AND CONDITIONS RELATING TO USE OF THE WEBSITE ● COPYRIGHT AND TRADE MARK NOTICES ● DELIVERY AND SHIPPING OWNERSHIP

LEGAL AGREEMENT

This page (together with the documents referred to on it) tells you:

1. the terms on which you may use the Website; and
2. the terms on which we supply to you any of the products (“Products”) listed on the Website.

By entering the Website, and/or any page accessible on this site, and/or by purchasing Products from The Backward Vendor Limited through the Website, or dealing with The Backward Vendor Limited in any way through the Website, you accept and agree to be bound by the terms and conditions set out below (the “Terms”).

If you do not wish to be bound by the Terms you should not access or use the Website. If you have difficulty in understanding these Terms or have any queries regarding these Terms, please contact info@thebackwardvendor.com. We may modify the Terms in our absolute discretion from time to time. If we intend to make any significant changes to the Products or these Terms we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect. You will be deemed to have accepted any modifications if you continue to use the Website after the changes have taken effect.

TERMS AND CONDITIONS RELATING TO SALES OF PRODUCTS

Information that we are required to give you:

— A description of the main characteristics of the Products is contained on the Website and will also be contained in our Order Confirmation, described below.

— The price of Products (including delivery and packaging charges) and arrangements for payment are as described in these Terms.

— The arrangements for delivery of Products are as shown below.

— You have a right of cancellation as set out in these Terms.

— The language of the contract will be English.

CONTRACT

Your order shall constitute an offer to us to purchase the Products specified in the order.

At the same time you shall complete an authorisation for us to recover, through your credit or debit card, payments due to us. We may accept or decline the order.

Please note that acknowledgement of an order by us does not constitute acceptance of that order or that a contract has been made.

We will confirm acceptance to you by email confirming that the order is accepted and that the Product is ready for dispatch or has been dispatched (“Order Confirmation”) at which point a contract will come into existence between you and us.

We shall at the same time notify you of the identifying number (in these Terms the “Identifying Number”) for your order and it would be helpful if you can quote your Identifying Number in any subsequent communications.

We reserve the right at our discretion to decline to accept any order and/or to supply Products.

This might be because the Product is out of stock, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline.

If we are unable to accept your order, we will inform you of this and will not charge you for the Product, or, if you have already paid for the Product(s), we shall refund the payment. If you have any difficulty completing an order please telephone +44 (0)7454289722

ENTIRE AGREEMENT

Each confirmed order shall constitute a separate contract between us and shall be governed by these Terms. These Terms constitute the entire understanding between us in relation to any Products ordered and supplied through the Website. They supersede any other terms stipulated by you, whether in any order or during negotiations or any course of dealing established between you and us.

All descriptions, images or illustrations of Products provided on this Website or otherwise communicated to you are for guidance only and intended merely to present a general idea of the Products.

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.

PRICE

The prices of the Products shall be as quoted on the Website from time to time, except in the case of obvious error.

All prices on the Website are inclusive of United Kingdom VAT and packing and exclusive of postage/delivery.

For items shipped outside of the EU VAT will be deducted from the price on confirmation of the shipping country.

A summary of delivery charges and other relevant information can be found at our delivery and shipping information page.

The prices of the Products are given in Pounds Sterling. Payment for the ordered Products are in Pounds Sterling. 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, 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 unmistakable and could reasonably been recognised by you as mis-pricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.

Please note that only the following credit cards are accepted for payment:

— Visa (including Delta and Electron)

— Mastercard (including Maestro and JCB)

— Switch (including Switch Solo)

DELIVERY

We shall deliver Products ordered by you through a courier or postal service of our choice to the delivery address that you have given us. We deliver within the UK, EU and internationally.

Please note we do not deliver to PO Box or BFPO addresses.

Please note that customs, duty and import fees (including tariffs and tax) (“Fees”) may apply if your Products are shipped to a destination outside of the European Union. These Fees are not included in our delivery charges.

Our Products are delivered duty unpaid. This means that we are responsible for transportation costs in the delivery of the Products (in accordance with the delivery charges set out below), but not for paying any Fees relating to your Product which are imposed at the destination.You are responsible for paying all such Fees directly to the relevant authorities.

When a parcel is delivered you will be asked to sign for it as proof of receipt. If you are not there, a card will be dropped through your door stating how to get your parcel. Risk of loss or damage to the Products shall pass to you at the time of delivery.

CHILDREN

We do not sell products for purchase by children.
If you are under 18, you may use this Website only with the involvement of a parent or guardian.

RIGHT TO CANCEL

You are entitled to cancel an order for a Product, and end your contract with us, for any reason within 7 days of receipt of the Product.

If you exercise this right, you will receive a full refund of the price paid for the Product in accordance with our Refunds Policy (below).

To end the contract with us, please let us know by doing one of the following:

(a) Phone or email.

Call us on +44 (0)7454289722 or email us, email marked REFUNDS at info@thebackwardvendor.co.uk.

Please provide your name, details of the order, Identifying Number if available and your contact details (phone number, email address and home address).

(b) By post.

Print off the Cancellation Form and post it to us at the address on the form. Or simply write to us as that address, including the information required in the form.

Your right of cancellation described in this section is in addition to any other right that you might have to reject the Products, for instance because they are faulty (see below).

FAULTY PRODUCTS

If you have any questions or complaints about the Product, or if your Product is faulty, please contact us by calling our customer service team at 07454289722 or emailing subject marked FAULTY at info@thebackward.com

If what you have bought is faulty you may have a legal right to end the contract (or to get the Product repaired or replaced, or to get some or all of your money back).

If when you receive your Product you discover a fault or it is not as described, you have 30 days from receipt of the Product to return the Product to us and receive a refund.

If a fault occurs in the Product after 30 days of receipt of the Product, we will offer you an exchange (for the equivalent amount) or if we can we will repair the Product.

If your faulty Product cannot be repaired or replaced, then we will offer you a refund. If you wish to exercise your legal rights to reject faulty Products you must return them to us in accordance with the Returns section below.

RETURNS

When returning any Product to us, you must take reasonable care to ensure that they are received by us and not damaged in transit.

We recommend that you send returns by recorded post and always retain proof of postage. If you exercise your right to cancel the contract because you have changed your mind:

(a) You must return the Products in one of the ways set out below within 7 days of telling us you wish to end the contract.

(b) Please include a completed Returns Form when you return your Products so that we can identify your order and process your returns.

(c) You are responsible for the cost of returning the Product to us.

If you are returning a faulty Product to us:

(a) You must return the Products in one of the ways set out below within 7 days of telling us you wish to end the contract.

(b) Please include a completed Returns Form when you return your Products so that we can identify your order and process your returns.

(c) We will bear any reasonable cost of posting the Product to us.

Please note we do not accept returns of personalised & bespoke goods.

Returns should be sent to us by:

Posting the Product back to us along with a completed Returns Form using the returns label provided in the delivery package (or if you no longer have your returns label as: Returns, The Backward Vendor, Unit 23, Gossamer Gardens, London E2 9FN and providing your Identifying Number)

RETURNS POLICY

If you exercise your right to cancel your contract with us in accordance with these Terms, we will refund you the price you paid for the Products, including standard delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

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 Products, if this has been caused by your handling them in a way which would not be permitted in a shop. You are entitled to inspect the Products after delivery. However, you must take reasonable care of the Products and not let them out of your possession.

If we refund you the price paid before we are able to inspect the Products 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 2 – 3 working 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.

If you are exercising your right to change your mind then your refund will be made within 7 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.

If you are returning a faulty Product for a refund in accordance with these Terms, we will refund you the price you paid for the Products, including standard delivery costs, by the method you used for payment.
Your refund will be made within 14 days of us agreeing that you are entitled to a refund.

CUSTOMER SERVICES

If you have any comments with regard to the service you have experienced in placing orders on, or using, this Website, please contact us:

Email:

info@thebackwardvendor.com

Post:

The Backward Vendor Limited,

Unit 23 Gossamer Gardens,

London E2 9FN

LIABILITY

The Backward Vendor Limited will be responsible for any loss or damage you suffer as a result of our breaching these conditions if the loss or damage was a reasonable foreseeable result of our breaking this contract when you commenced using the Website, or if a contract for the sale of goods by us to you was formed.

We will not be responsible for any economic or business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or for any indirect or consequential loss that was not reasonably foreseeable to both you and us when you commenced using the Website or when a contract for the sale of goods by us to you was formed.

The Backward Vendor Limited does not limit in any way our liability for death or personal injury arising from a negligent act or omission on our part.

YOUR STATUTORY RIGHTS

Nothing in these Terms shall affect your statutory rights.

If you have any doubts as to your statutory rights then you should contact a solicitor or your local Citizens Advice Bureau.

TERMS AND CONDITIONS RELATING TO USE OF THE WEBSITE INFORMATION ON THE WEBSITE

Unless specifically stated otherwise, we are not responsible for the information relating to The Backward Vendor Limited on the Website and make no warranty in respect of its timeliness, accuracy or availability. The information provided is subject to our Privacy Policy which you should read before accessing such information.

INTELLECTUAL PROPERTY RIGHTS

The Website, and all the text, information and graphic representations or images on it, are owned by, or licensed to us. The copyright and all other intellectual property rights in the Content are our sole and exclusive property of or that of our licensors.

You may view the Website on your computer screen and print its contents on your printer for your personal and non-commercial use only. For the avoidance of doubt, anything printed will form part of the Content.

Without our prior written consent, you may not use, transfer, copy or reproduce any part of the Content, this Website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing its content. This includes electronic reproduction by uploading or downloading.

You warrant that it is legal for you to view this Website in the jurisdiction to which you are subject.

You are responsible for compliance with all laws of that jurisdiction, in viewing or using the Content.

USING THE WEBSITE

Wherever you are asked to provide information in connection with the Website, you agree to provide true, accurate, current and complete details. You are not obliged to provide us with any optional information requested.

YOU AGREE NOT TO: impersonate another person or use a false name or a name you are unauthorised to use, or create a false identity or origin or e-mail address or try to mislead us or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details; modify, access or make available data stored on a computer or device which you have accessed through our network, when either: the owner of the data, computer or device has taken steps to prevent you from doing this; or the owner has expressed a wish that you do not do this; make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (e.g. names/addresses) without their prior consent;

damage, interfere with or disrupt access to the Website or do anything which might impair its functionality; use the Website in any way to send unsolicited (commercial or otherwise) e-mail or any material for marketing or publicity purposes, or any similar abuse;

publish, post, distribute, disseminate or otherwise transmit defamatory offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;

make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms” or any other harmful software;

falsify the true ownership of software or other material or information contained in a file made available via the Website; obtain or attempt to obtain unauthorised access, through whatever means, to the Website.

You undertake not to use the Website for any purpose or in any way that is prohibited by these Terms or is otherwise unlawful.

You agree to indemnify us, our officers, employees, and licensors in respect of any loss that we or they may suffer as a result, directly or indirectly, of any breach by you of this undertaking.

LIABILITY DISCLAIMER REGARDING ACCESS TO OR USE OF THE WEBSITE

These provisions do not deal with liability arising from purchases of Products (for which see the provisions headed “Liability” under the ‘Terms and Conditions relating to sales of Products’ above).

You agree that you use the Website entirely at your own risk.

In preparing this Website, we have endeavoured to offer current, correct and clearly expressed information.

However, we cannot guarantee that the information will be accurate, complete or current at all times and accepts no liability for any reliance placed by any person on the information.

We make no representations or warranties of any kind about the suitability, reliability, timeliness, and accuracy of the information contained on this Website for any purpose.

We expressly disclaim all warranties and conditions with regard to this information, including, without limitation, warranties of technical efficiency, satisfactory quality, availability, non-infringement, completeness and fitness for a particular purpose to the extent permitted by law.

We do not accept any responsibility for any errors or inaccuracies in any advertising material, and are not responsible for and do not endorse the content of any such advertisements.

We shall not be liable for any damages whatever, including but without limitation to, damages for loss of data or profits, arising out of the use or performance of this Website, the provision of or failure to provide services, or for any information obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, or otherwise, without limitation, even if we have been advised of the possibility of such damage.

If you are dissatisfied with any portion of this Website, or with any of these terms of use, your sole remedy, except as specifically provided in these terms, is to stop using the Website.

Notwithstanding anything in these Terms, we do not disclaim liability for death or injury caused by our own negligence.

We reserve the right to remove any information or material on the Website without warning, and without prejudice to any other accrued rights, and/or make available such information or material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.

AVAILABILITY

We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to or use of the Website with or without notice.

VIRUS PROTECTION AND COMPATIBILITY

While certain precautions have been taken to detect computer viruses and ensure security, we cannot guarantee that the Website is virus-free and secure.

We shall not be liable for any loss or damage which occurs as a result of any virus or breach of security. We do not give any warranties as to the compatibility of the Website with your computer systems, software and/or hardware.

LINKS TO THIRD PARTY SITES This Website contains links to websites operated by other people and organisations (“Third Party Websites”).

When you activate one of them, you will leave the Website.

We have no control over, and will accept no responsibility for or liability in respect of, material on any website that is not under our control.

The inclusion of links to Third Party Websites does not imply any endorsement of the material on them or any association with their operators.

You will not arrange for any Third Party Website to be connected to any part of the Website by way of hyperlink or otherwise without our written consent.

TERMINATION OF USE

We may restrict your access to the Website, refuse to correspond with you, and/or remove your details from the relevant database without prejudice to any other accrued rights, without prior notice to you where: there is a regulatory or statutory change limiting the ability to provide access to the Website; there is any event beyond our reasonable control preventing us from providing access to the Website (for example, and without limitation, technical difficulties, capacity problems and communications failures); we consider in our sole discretion that you are abusing the Website or are otherwise acting in breach of these Terms.

MONITORING

We reserve the right to monitor and track your visits to the Website in accordance with our Privacy Policy.

GENERAL

A failure or delay by us in enforcing compliance with these Terms shall not be a waiver of that or any other provision of these Terms.

None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.

Any rights not expressly granted in these Terms are reserved to us.

If we are hindered or prevented from performing our obligations under these Terms for (i)any cause beyond our reasonable control (including but not limited to acts or omissions of providers of telecommunications services or faults in or failures of their networks or equipment); or (ii) by reason of our inability to procure services, materials or articles required for the performance of the contract except at prices higher than those applicable at the date of your order, then we may at our sole option delay the performance of, or cancel the whole or any part of the contract.

In that event, we shall not be responsible for our delay or cancellation or any inability to deliver or perform our obligations.

If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

These Terms constitute the entire agreement between us as to your use of the Website and shall supersede any prior agreement or representation made between us.

The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.

Any and all notices to be given by either one of us to the other pursuant to or in connection with these Terms shall be deemed sufficiently given when forwarded by e-mail or facsimile transmission in each case addressed to you at the e-mail address or facsimile number you have given us or to us at the e-mail address or facsimile number displayed on the Website.

English law governs these Terms. You submit to the non-exclusive jurisdiction of the English courts.

This website is the website of The Backward Vendor Limited (registered company no. 11911936) whose registered office is Wellesley House, London SE18 6SS, email address info@thebackwardvendor.co.uk. Our trading address is Unit 23 Gossamer Gardens, London, E2 9FN.

COPYRIGHT AND TRADE MARK NOTICES