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Conditions of Use

Please go below the terms and conditions section for useful information regarding your rights when buying online.

Terms and conditions

1. General

1.1These Conditions shall supersede all earlier conditions of www.ben-dover.biz.

1.2. These conditions shall take precedence over any conditions of the Customer and shall not be varied without the written consent of a director of www.ben-dover.biz.   

2. Definitions

2.1. "BDP (Ben Dover Productions" means Optime Strategies Ltd trading as www.ben-dover.biz.

2.2. "Customer" means the person, firm or company buying or agreeing to buy goods and services from BDP.

2.4. "Price Paid" means the price paid by the Customer for the Product excluding carriage and any credit surcharge.

2.5. "Order Confirmation" means the acknowledgement of the Customer's order sent to the Customer by BDP.

3. Prices and Ordering

3.1. Unless otherwise stated all prices are inclusive of value added tax, delivery, insurance and installation.

3.2. The price payable by the Customer will be the price current at the date of the order.

3.3. Reservation of Products does not constitute an order and is not binding on either party.

 

3.4. BDP reserves the right to cancel or refuse any order

4. Payment

4.1. Payment must be cleared in our account before goods will be despatched.

4.2. We reserve the right to cancel any card transactions that are subject to a security miss match or if we believe that the transaction might be a fraudulent transaction.

5. Delivery

5.1. Any delivery date stated is only a warranty by BDP to use reasonable endeavours to affect delivery by that date. No liability will be accepted by BDP for failure to meet a stated delivery date.

5.2. Products supplied by BDP are delivered at the risk of BDP. Customers must make a claim for damage or loss of the goods in writing: -

- If a Product is damaged, within 24 hours of delivery; and

- If a Products has been lost or is short, within 24 hours of delivery.

No claim for loss or damage will be allowed if the Customer claims outside the above time limit.

5.3. If payment is made by credit or debit card, delivery will be made to the statement address of the cardholder.

6. Refunds

6.1. If you are a consumer (a private person buying for their personal use) then you may cancel your purchase at any time within 7 days of receipt and we will give you a refund of the Price Paid (excluding ALL carriage costs and card processing fees). Should you wish to return the goods, carriage will be deducted at £5 per item for a delivery and handling cost. Any returned outside the mainland will be at the total cost of outbound and inbound delivery.

6.2 You must contact BDP and return the products to us within 7 days of a refund request, in the same condition you received them, at your own cost and risk. Products must be unopened and unused in their original packaging.

 

6.3. If a customer wishes to return Products not covered by clause 6.1 then such products may be accepted only at the complete discretion of BDP and will be subject to a minimum £10 administration fee in addition to the standard return fees described in 6.1. The customer must obtain authorisation from BDP before returning goods - unauthorised returns will not be accepted.

6.4 BDP reserve the right to refund after 30 days

6.5 Refunds may take up to 30 days to process and be refunded to your account.

7. Miscellaneous

7.1. If any part of these Terms and Conditions are found to be invalid or unenforceable by a court the remainder remain enforceable.

8. Limitation of Liability

8.1. BDP shall not be liable for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with any contract and or supply of goods and or services.

8.2. BDP shall not be liable for any financial consequential indirect or other losses suffered by the Customer or any third party whether such loss arises in contract or in any other way.

9. Uncontrollable Events and Delays

9.1. In case of delays caused by circumstances beyond the control of BDP or its suppliers, BDP shall have the right to either suspend delivery or to cancel the contract without liability.

9.2. Examples of Uncontrollable Events are (by way of example and not limited to) strike, lockout, riot, revolution, war, epidemic, working difficulties, transportation difficulties, fire, and failure of suppliers or official regulations.

10. Customer obligations

10.1. You are responsible for your own choice of Product and the suitability for any particular purpose. You must ensure that any Products are compatible.

10.2. You must provide reasonable courtesy information and co-operation to BDP.

10.3 VAT is automatically added to destination orders only. You are responsible for paying your own Tax at your countries going rate, in the case of International and offshore order destinations.

Consumer Information & Your Rights

Distance selling regulations

You have at least seven days from receipt to return unwanted goods and request a refund when you buy from a European retailer - generally, returned items must be unused, in good condition and retain their original packaging. Agree in advance with the retailer that you are going to do this and then return the goods in accordance with the retailer's instructions. If the fault is theirs (wrong item despatched or goods are faulty), they should refund the return postage, but if you simply decide you don't want the item, expect to foot the shipping bill yourself. For more information visit, http://www.dti.gov.uk/consumers/buying-selling/distance-selling/index.html.

Damaged or Incorrect goods

If you wish to return an item to us that is damaged, which you did not order, or for any other reason that is our fault, you must contact us within 7 days of receiving the goods so we can make arrangements to either refund you the purchase price or replace the damaged/wrong items. Customers wishing to report a damaged or incorrect order can do so by emailing us or phoning our customer service line on 0207 858 0220 (Mon-Fri 9am-5pm). Please do not return items to us without having contacted us in advance. We will contact you to let you know what to do with the goods that you wish to return to us. When returning items you will be responsible for them until they reach us. For your own protection, we suggest you use a secure delivery method that requires a signature upon delivery when returning items. This does not affect your statutory rights as a consumer.

Foreword

Many people have been put-off shopping online by the media's often exaggerated reporting of the e-retail industry's teething troubles. Internet shopping is at least as safe as shopping in a store or by phone, so there is no need for anyone to miss out on the benefits it can provide.

Sensible Pre-Sale Checks

1. Ensure the e-retailer's site provides a street address and a non-mobile telephone number, not just an email address or post office box. If in doubt, email or phone the merchant before giving them your payment details to reassure your self that it is legitimate.

2. Check spelling of the website name is accurate – “typo squatters” have been known to trick the unwary away from genuine sites.

3. Make sure your shopping will be delivered in time! Good merchants will advise you of delivery time scales and guarantee a delivery time frame. Even so, it makes sense to shop early and build in some extra time to avoid disappointment. Many merchants will let you arrange delivery to an alternative address (as opposed to the credit card billing address) such as your workplace, a store, a Post Office, or directly to the recipient of your gift - saving you even more time.

Payment Information

1. Commitments

Make sure that you are fully aware of any payment commitments you are entering into, including whether you are instructing a single payment or a series of payments.

2. Keep a record

Always keep a record of every online transaction as proof of order, ideally including the retailer's terms and conditions, returns policy and contact details. Always print off a copy of the order summary page as well as the order confirmation page, which may only provide the order number with no specific details of goods ordered.

3. Sales Tax & Duties

When you buy goods online from outside the EU you are an importer and liable to pay any Customs Duty and VAT. Ideally the retailer's advertised price should include Customs Duty and/or VAT which they have prepaid to HM Customs and Excise, however this is very rare and more usually there will be a small print section indicating that the price is exclusive of local taxes and duties. Duty and VAT is a payment to HM Customs and Excise. Some of the big delivery companies pre-pay this charge to customs on your behalf and will expect you to reimburse them. You can expect one of two scenarios

1. Goods arrive, accompanied by an unexpected bill for taxes or delivery charges. In this case you can either, pay the additional charges and accept the goods or, you can refuse the delivery

2. An unexpected bill for taxes arrives after you have already received the goods. Some delivery companies do not bill for Duty and VAT payments until a week to 10 days after delivery. As the goods have already been received then the delivery company must be paid. This is because the obligation to inform you about local taxes rests with the retailer from whom you purchased the product, not the delivery company they use to deliver their products. This payment can be claimed back from HM Customs and Excise if you then decide to return the goods. We realise that Duty and VAT is a complicated area. DHL have developed a Duty & VAT information page in an effort to help people unused to dealing with import/export requirements. For full information go to www.dhl.co.uk. You will be directed to the Duty & VAT information area from the home page 

When you purchase goods from retailers overseas, err on the side of caution as it may be difficult to seek redress if problems arise. And remember that YOU are responsible for ensuring that such transactions are legal. Consider carefully offers to send you promotional offers by email as you could find yourself inundated by irrelevant information. You may wish to check privacy policies, which should be clearly indicated on the site and state that the personal and financial details you provide will not be sold on or shared with others without your prior consent.

Consumer Essentials

1. Trustmark Validation Look for 'trust mark' validation. There are a number of organisations offering consumers certain guarantees or 'trust marks' that member merchants' stores are operating responsibly. Sites that register with trust mark organisations need to follow guidelines regarding their customer service. Some examples of trust mark organisations are BT Trustwise, IMRG Hallmark, TRUSTe, TrustUK,

The absence of a 'trust mark', however, does not indicate a lack of trustworthiness.

2. Dealer/Supplier Validation: For the more technically minded, if you are uncertain about a website, you can double-check that the domain name in the web address you are visiting is registered to the company it should be. You can do this through Nominet (http://www.nominet.org.uk/whois) for a .co.uk firm or Network Solutions (http://www.networksolutions.com/) for .com firm. Also, you can run a company name through a newsgroup search, such as DejaNews (http://www.deja.com/usenet), as known offenders are likely to have been discussed there.

Email: You can easily block out offensive material, making the internet safe for children to search. Popular filters include Lycos search guard, searchopolis, supersnooper, Ask Jeeves for Kids, Altavista family filter. Further advice, guidance, information and links as well as the latest e-retailing news are available from the IMRG website at http://www.imrg.org/.

You’re Rights Concerning Buying Goods

1. The Law: When you buy goods from a retailer/trader, such as a shop, mail order, internet, etc..., you and they have entered into a contract that is governed by the Sale of Goods Act 1979 (amended by the Sale & Supply of Goods Act 1994). This law gives you certain implied, or automatic, statutory rights, under this contract. See below for a brief outline as to what your statutory rights are.

2. The contract: What exactly is a contract? - A contract is a legally binding agreement between two or more parties, which involves the exchange of something of value, say money for goods. Many contracts are verbal, but some need to be in writing, property transactions and credit are such cases. Verbal contracts are just as legally binding as written ones, but are much harder to prove.

3. 3rd Party Contracts: Recent changes to the law means that, if you buy a gift for someone, that on receiving the goods, they have rights under the contract as a third party. This makes it important to mention to the retailer at the time you buy the goods that they are going to be given as a gift and if possible, tell them the name of the recipient or write it on any invoices, receipts, guarantee's etc..... and get the retailer to stamp or sign it.

Buying by Mail Order or "Distance" Buying

These have some different rules.

The Offer -when you see something you like in a shop and ask to purchase it.

Acceptance - the trader agrees to sell it to you at the mutually agreed price.

Consideration - this is the legal term for payment in exchange for goods.

What else does a contract contain? As well as the implied rights laid down in the Sale of Goods Act 1979 (as amended) shown above, you may also have express rights in a contract. These are when you negotiate special terms important to your contract, a particular delivery date, for example. Below is a brief look at the law of contract.

The Sale of Goods Act 1979 (as amended) says that goods should be:

Satisfactory Quality - the goods must be of a standard that a reasonable person would consider to be satisfactory - generally free from fault or defect, as well as being fit for their usual purpose, of a reasonable appearance and finish, safe and durable.

Fit for the purpose: as well as being fit for the purpose for which they are generally sold, goods should also be fit for any specific or particular purpose expressed at the time of the agreement. As described the goods must correspond with any description applied to them. This could be verbally, words or pictures on a sign, packaging or an advert.

Consumer Trade Acts

Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1994. Between the two above, these laws enable you to challenge any contractual term that may be unfair or unreasonably weighted against you, or is ambiguous in its content. Normal contract terms should be set out in a clear and understandable form. It's illegal to have a contract term that tries to affect your statutory rights, or doesn't show any liability for death or personal injury. In certain circumstances the office of fair trading might be able to prevent a company from using the same unfair term in the future, even though they can't help to resolve your problem at that time.

Misrepresentation Act 1967 - Should you have been told something about goods that made you decide to buy them, but later turns out to be untrue, then they have been misrepresented to you. In most cases, you can back away from the deal and get a full refund. This can be a very complex area of law, which involves different sorts of misrepresentation, as well as some very different legal remedies. And the responsibility for proving a case changes depending on the sort of misrepresentation, and so if you are in doubt, get in touch with the citizens advice bureau (www.nacab.org.uk/)

Trade Descriptions Act 1968 - If a retailer makes a misrepresentation about goods, a criminal offence may have been committed under this act. For example, any coats described as waterproof must not let in the rain. But you bought the item because of the verbal or written description that stated the coat was waterproof, you buy it, but then find that it does let in rain. The goods were misdescribed to you, and you are entitled to a full refund. You should also report it to Trading Standards (www.tradingstandards.gov.uk) for investigation under the Trade Descriptions Act.

After Purchase Rights

After 14 days you may be too late to have all your money back after this time, but the retailer will still be liable for any breaches of contract, such as the goods being faulty. Do you need a receipt? This is not true, in fact the retailer doesn't have to give you a receipt in the first place so it would be unjust to say that you had to produce one. However, it might not be unreasonable for the shop to want some proof of purchase, so look to see if you have a cheque stub, bank statement, credit card slip etc......, and this should be more than sufficient.

Credit notes: Here again, it depends on why you want to return the goods. If you have simply changed your mind, then the shop doesn't have to do anything. But if the items are faulty, incorrectly described or not fit for their normal purpose, then you are entitled to a full refund (provided you act quickly), and you don't have to take a credit note - but if you do accept a credit note in these circumstances, beware, as there may be restrictions on their use. Incidentally, if a shop has a sign up with this sort of statement on, they may be breaking the law and so report them to your local Trading Standards department www.tradingstandards.gov.uk.

Buying Abroad

If you buy from traders in EU countries you have many of the rights you have in the . Be aware that in the and elsewhere problems could be more difficult to remedy - so check the small print. Any international complaints can be directed to www.econsumer.gov , or alternatively the Office of Fair Trading website provides helpful information. Your local Citizens Advice Bureau can help with EU complaints.

Online help, useful websites

All of your usual shopping rights apply online: see www.consumer.gov.uk  

Interactive reach in media http://www.imrg.org

Trustuk http://www.tradingstandards.gov.uk/

Distance Selling http://www.dti.gov.uk/consumers/buying-selling/distance-selling/index.html

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women's clothes, men's clothes, naughty stuff, jewellery, other stuff, Ben Dover chat and text chat