Consumer Terms & Conditions

Consumer T & C's

Please note: These Terms of Sale apply to customers who are consumers (that is, customers who are purchasing goods other than in the course of business). If you are purchasing goods in the course of business, please see our Terms of Sale for Trade Customers.

1. The contract between us
Before your order can be accepted, we (Peeks of Bournemouth Limited) must
receive:

1.1 an order from you by fax, telephone, post, email or via this website; and
1.2 if you have a credit account with Peeks: payment of any deposit required by Peeks; or
1.3 if you do not have a credit account with Peeks: payment of the whole price for the goods that you order (including all applicable VAT) as well as all applicable charges for handling and delivery and any customs, duties and insurance in the case of overseas delivery.

Where you submit your order via this website, we will acknowledge receipt of your order by sending an e-mail to the e-mail address you provide in your order. Such acknowledgement of receipt is not confirmation that your order has been accepted. Acceptance of your order will be effected by delivery of the goods to you. No legally binding contract shall come into place until that time.

2. Price and Payment

2.1 The prices payable for the goods that you order are the VAT inclusive prices for the goods as set out on this website.
2.2 You will be required to pay extra charges for handling and delivery and (if the goods are to be delivered overseas) for all customs, duties, taxes and insurance.
2.3 If you did not pay all amounts due at the time of ordering, we will invoice you for such amounts. You must pay such amounts within 30 days of the date of our invoice. All such amounts must be paid by cheque payable to ‘Peeks of Bournemouth Ltd’, by postal order or by credit card.


3. Right for you to cancel your contract

3.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
3.2 To cancel your contract you must notify us in writing by post to: Peeks of Bournemouth Ltd, Reid Street, Christchurch BH23 2BT.
3.3 If you have received the goods before you cancel your contract then you must send the goods back to our postal address at your own cost and risk (except in the circumstances described in clause 4.1 below). If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our postal address at your own cost and risk as soon as possible.
3.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your cancellation PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.

4. Cancellation or substitution of goods by us

4.1 All items in the Peeks catalogues and on this website are advertised for sale subject to availability. If the goods ordered are unavailable we may supply you with substitute goods or cancel our contract with you. Any substitute goods will be of equivalent quality and price but if you do not wish to accept them you may cancel the contract between us and return such goods and we will re-imburse you on request for the cost of doing so provided such costs are reasonably incurred.
4.2 We also reserve the right to cancel the contract between us if:
4.2.1 we do not deliver to your area; or
4.2.2 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
4.3 If we do cancel your contract we will notify you by email and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

5. Delivery of goods to you

5.1 We will deliver the goods ordered by you to the delivery address you give us when you order the goods.
5.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order. We will do our best to meet any delivery dates specified but cannot guarantee to do so or be legally bound to do so.
5.3 Goods will remain our property until paid for in full even after they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.


IMPORTANT: TIME LIMITS FOR NOTIFICIATION OF CLAIMS

6. Our liability and time limits for notifying claims

6.1 Where a date has been specified for the delivery of the goods and you do not receive the goods ordered by the date specified we shall have no liability to you unless you notify us of the problem in writing at our contact address within 7 working days of the date specified for delivery.
6.2 If the delivery is of an incorrect quantity or if the goods we deliver are damaged we shall have no liability to you unless you notify us of the problem in writing at our contact address within 7 working days of the date of delivery of the goods.
6.3 If the goods are faulty we shall have no liability to you unless you notify us as soon as practicable after the fault is discovered.
6.4 Where no date has been specified for delivery and you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
6.5 If you notify a problem to us under this clause, our only obligation will be, at your option:
6.5.1 to make good any shortage or non-delivery provided that we have sufficient stock to enable us to do so; or
6.5.2 to replace or repair any goods that are damaged or faulty; or
6.5.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
6.6 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.5.3 above.
6.7 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
6.8 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

7. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Peeks of Bournemouth Ltd, Reid Street, Christchurch BH23 2BT or by e-mail to info@peeks.co.uk and all notices from us to you, including any changes to these terms, will be displayed on our website from time to time.

8. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

9. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

10. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.

11. Third party rights
A person who is not a party to a contract made on these terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of such contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

12. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

13. Entire agreement
These terms and conditions, together with our current prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

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