Trading Terms & Conditions of Bonacia Ltd
These terms and conditions regulate the business relationship between you and us. When you buy from us, you agree to be bound by them. No person under the age of 18 years may purchase goods. If you are under 18, please ask an adult for help with your purchase.
We are: Bonacia Ltd
Our address is:
Email: [email protected]
Tel: 01733 890099
You are: a visitor to Our Website / our customer
Nursery Resources is a division of Bonacia Ltd.
Our terms and conditions
In this agreement:
"Carrier" means any person or business contracted by us to carry goods from us to you, whether all or part of the distance.
"Our Website" means the entire computing hardware and software installation that is or supports our website/s.
"Goods" means any of the goods we offer for sale.
"Content" means any material in any form published on our website by us or any third party with our consent.
2. Our Contract With You
These terms and conditions apply:
2.1 So far as the context allows to you as a visitor to our website; and
2.2 In any event to you as a buyer or prospective buyer of our goods.
2.3 We may change these terms from time to time. The terms that apply to you are those posted here on our website on the day you order goods.
2.4 If we owe you money on account of your cancellation, we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of cancellation of your order (see point 6 for details).
3. Your Account With Us
3.1 You agree that you have provided, and will continue to provide accurate, up to date and complete information about yourself. We need this information to provide you with the goods.
3.2 No order submitted to Bonacia Ltd shall be deemed to be accepted by Bonacia Ltd unless and until confirmed in writing (either by invoice submitted with goods delivered or otherwise) by Bonacia Ltd.
4. Price & Payment
4.1 We endeavour to keep our prices updated and accurate but it is possible that the price may have increased from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.
4.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
4.3 Prices include UK value added tax (where applicable). If you reside outside the UK, VAT may be deducted..
4.4 For goods supplied, payment must be received within the payment term stated on the invoice (starting from the 'invoice sent' date), unless a longer payment term has been agreed in writing. If the customer fails to make payment on the due date then without prejudice to any other right or remedy available to Bonacia Ltd, Bonacia Ltd shall make contact with the customer to retrieve payment and also be entitled to charge the customer interest (both before and after any judgement) on the amount unpaid, at a rate of 8% per annum above Bank of England base rate from time to time, until full payment is made. The customer may not withhold payment of any invoice or other amount due to Bonacia Ltd by reason of any right to offset or counter-claim which the customer may have or allege to have for any reason whatsoever.
4.5 For goods supplied, credit terms can only be granted for those orders over £50 and are subject to the discretion of Bonacia Ltd.
4.6 Card Payments will appear on your bank statement as 'Need2Know Books'.
5.1 Deliveries will be made by post / a carrier instructed by us to the address stipulated in your order. You must ensure that someone is present to accept delivery.
5.2 Goods that are in stock will be despatched to you within 7 working days of your order. All other books ordered will be despatched to you within 7 - 14 working days of being ordered. If the book you have ordered needs reprinting we will deliver these to you within 7 - 14 working days of your order.
5.3 Goods are sent at our risk until received by you (please see point 8.6 for details).
5.4 Delivery is charged at the amount stated at the time of ordering.
6. Cancellation of Order
6.1If you are a citizen of the European Union, you may cancel your order at any time before we despatch your order or before the expiry of 7 working days from the date you receive your order, not including the day you received it.
6.2 As required by the Distance Selling Regulations, details of our after-sales service and guarantees, if any, are given on our website.
6.3 If you cancel before we have sent the goods, we will refund to you the price of the goods and the cost of delivery, if any. Personalised orders cannot be cancelled once the order has been printed.
6.4 If you cancel after we have despatched the goods, we will refund the price of the goods only (see point 6.1).
6.5 The option to cancel your order is not available if the goods are: made or altered to your specification.
6.6 If you cancel your order after we have despatched the goods, you must return them to us within 7 days in the same condition in which you received them. We cannot refund your money if the goods have been used, worn or damaged.
6.7 You are responsible for the cost of returning them.
6.8 To assist us in identifying your goods on receipt by us, we ask you to include your full name, address and telephone number.
6.9 If you fail to return the goods within 14 days, we are entitled to arrange for their collection. If we do we shall look to you to repay us the cost of collection.
6.10 We will refund your money within 30 days of receipt of the goods.
6.11 This paragraph does not affect your rights in the event that the goods are faulty.
7. Foreign Taxes, Duties & Import Restrictions
7.1 If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.
7.2 You are responsible for purchasing goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
8. Goods Returned
8.1 Returns & Refunds Policy - Standard Items
8.1.1 Any standard items may be returned within 7 working days of the date ordered.
8.1.2 The item(s) must be returned in the same condition as they were received.
8.1.3 Both these conditions must be met to receive a full refund.
8.1.4 The refund will be processed within 3-5 working days. (Depending on the bank provider, this may take up to 30 days to clear.)
8.1.5 The goods must be securely wrapped.
8.1.6 The postage to return will be at your cost and risk.
8.1.7 You must tell us by email ([email protected]) or phone (01733 898108) prior to returning any items.
8.2 Returns & Refunds Policy - Personalised Items
8.2.1 Personalised products are bespoke items, therefore we can only accept returns and refund if the order is faulty or damaged.
8.2.2 Faulty or damaged items must be reported within 7 working days of delivery.
8.2.3 Please email ([email protected]) or phone (01733 898108) prior to returning any items.
8.2.4 Please see 'Section 9' for more details on returning faulty/damaged goods.
9. Returns & Refunds Policy For Damaged / Faulty Items
9.1 Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally; this paragraph covers that possibility. If you are not wholly satisfied with the product, please tell us, at the earliest opportunity, the following:
9.1.1 exactly what is the fault;
9.1.2 the date, if relevant, when the fault became apparent;
9.1.3 when and how you discovered the fault;
9.1.4 how the fault affected your use of the goods.
9.2 To do this, it is essential that you follow the instructions below. These provisions apply in the event that you return goods to us because you say they are faulty:
9.2.1 you must tell us by email ([email protected]) that you would like to return goods, specifying exactly what goods and when purchased, and giving full details of the defect or other reason for return;
9.2.2 we will then issue a returns note - if you send goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint;
9.2.3 the goods must be returned to us as soon as any defect is discovered.
9.3 So far as possible, goods should be returned:
9.3.1 with both goods and all packaging as far as possible in their original condition;
9.3.2 securely wrapped;
9.3.3 at your risk and cost.
9.4 Any credit or replacement stock shall only be considered if such a claim relates to any shortage, damage, defect in condition, failure to correspond with order or non-delivery and if claim is received in writing at the Bonacia Ltd. address shown on the invoice within 7 days of the date of delivery of goods to the customer (or, in the case of non-delivery, 14 days from when you placed the order). If claims are not submitted within such time limits Bonacia Ltd. shall have no liability in respect of such claims and the customer shall be bound to pay the price as if the goods had been delivered in accordance with the agreement.
9.4 Goods can be exchanged, following the terms above; instead of a credit or replacement stock, we can offer an exchange providing the items are the same value.
10.1 1 We or our content suppliers may make improvements or changes to our website, the content, or to any of the goods, at any time and without advance notice.
10.2 You are advised that content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
10.3 We give no warranty and make no representation, express or implied, as to:
10.3.1 the adequacy or appropriateness of the goods for your purpose;
10.3.2 the truth of any content on our website published by someone other than us;
10.3.3 compatibility of our website with your equipment, software or telecommunications connection.
10.4 Our website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
10.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our website or the purchase of goods.
10.6 In any event, including the event that any term or condition or obligation on our part ("Implied Term") is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
10.7 The above two sub paragraphs do not apply to a claim for personal injury.
10.8 Specific flags on product pages are there for guidance purposes only. Essentially it is at customer's discretion if the product is fully suitable for their individual setting.
11. Content & Intellectual Property Rights
11.1 We will defend the intellectual property rights in connection with our goods and our website, including copyright in the content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
11.2 We also claim copyright in the designs and compilation of all content of our website. Title, ownership rights, and shall remain the sole property of us and/or the other content provider. We will strongly protect those rights in all countries.
11.3 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part.
11.4 You may not use our name or logos or trademarks or any other content on any website of yours or that of any other person.
11.5 Subject to the other terms of this agreement, you may download or copy content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any content.
12. System Security
12.1 We will do our best to maintain our website so that you have constant use, but there will be times when your use may be interrupted.
12.2 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of our website.
12.3 You may not use any software tool for the purpose of extracting data from our website.
12.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
13.1 You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of your use of Our website, your posting any material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
14. Miscellaneous Provisions
14.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
14.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
14.3 Nothing in this agreement or on our website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
14.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
14.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
14.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
14.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
14.8 This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
15. Competition & Giveaway Terms & Conditions
From time to time, we may run competitions/giveaways to our customers via our promotional channels including our website, newsletter and social media channels.
15.1 There is no fee required to enter our competitions/giveaways.
15.2 Employees or anyone connected in any way with the promotion or helping to set up the competition/giveaway shall not be permitted to enter.
15.3 We reserve the right to cancel or amend the competition/giveaway and these terms and conditions without notice. Any changes will publicised immediately.
15.4 No cash alternative to the prize(s) will be offered. The prize(s) are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another without giving notice.
15.5 Winners will be chosen at random from entries received. The decision in respect of all matters to do with the competition will be final.
15.6 We will notify the winner by private/direct message/email within 24 hours of being chosen. If the winner cannot be contacted or does not claim the prize within 5 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
15.7 By entering this competition/giveaway, you are indicating your agreement to these terms and conditions.
15.8 The winner agrees to the use of their name in any publicity material we produce. Any personal data relating to the winner will be used solely in accordance with current [UK] data protection legislation and will not be disclosed to a third party.
15.9 This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network.
16. Use of Promo Codes & Offers
16.1 Promo codes provided to you will have their value and expiry date detailed. Unless otherwise stated, promo codes will be valid from the time you receive details of them. Promo codes cannot be used in conjunction with other promo codes or offers from us.
16.2 Your use of the promo code is subject our standard terms and conditions
16.3 To redeem the promo code, you type the promo code into the promotional code box in the checkout section of the website and the discount will appear automatically. If you fail to enter the code at the time of purchase (or fail to quote over the phone or via email when placing your order), your purchase will not be eligible for the discount. Discounts cannot be claimed after you have confirmed your purchase
16.4 The promo code is not redeemable for cash and we prohibit the posting of the promo code on the internet or any public forum.
17.1 Once a proof has been approved by the customer, we are unable to accept any liability for errors or emissions.
17.2 Customers are entitled to 3 free proofs per order after the customer has initially viewed the first proof. After this we will charge an admin fee of £2.50 per proof.
17.3 Resources that are available to be personalised are copyrighted to Nursery Resources and therefore our logo and website address must be present somewhere on the product.
17.4 Personalised orders cannot be cancelled once the order has been printed.
Merchant of Record: Bonacia Ltd., 15 Station Road, St Ives, Cambridgeshire, PE27 5BH.
We do not store credit card details.