- "Website" means WWW.BATOKO.COM;
- "Seller" means BATOKO LTD (company number: 08632496);
- "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
- "User" means the individual or organisation that accesses, uses and/or places an order for Goods using the website;
- "Goods" means the articles that the Buyer agrees to buy from the Seller;
- "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
- "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
- These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
- Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
- All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller.
- Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock (if available) or cancel the order and receive a credit note for the full amount originally paid or a full refund within 21 days.
PRICE AND PAYMENT
- The price of the Goods shall be that stipulated on the Website. The price is INCLUSIVE of VAT and EXCLUDES delivery charges.
- The total purchase price, plus shipping charge, will be displayed at the checkout prior to confirming the order.
- After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information at the bottom of the email to make amendments to the Buyers shipping address or to cancel if the Buyer is a Consumer.
- All orders on the Website will be charged in GREAT BRITISH POUNDS (GBP). Currency conversion is for reference only. If the Buyer uses the currency convertor for reference, there may be a differ in price according to the currency conversion exchange rate at the time of sale and/or due to the current exchange rate of the Buyers bank/credit card provider/paypal.
RIGHTS OF THE SELLER
- The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time.
- The Seller reserves the right to withdraw any Goods from the Website at any time.
- The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
- Goods supplied to UK via Royal Mail Standard Shipping will normally be delivered within 7 working days of acceptance of order.
- Goods supplied to UK via Royal Mail Tracked Shipping will normally be delivered within 7 working days of acceptance of order.
- Goods supplied to Europe via Royal Mail Standard Shipping will normally be delivered within 20 working days of acceptance of order.
- Goods supplied to Europe via Royal Mail Tracked Shipping will normally be delivered within 20 working days of acceptance of order.
- Goods supplied to Rest of the world via Royal Mail Standard Shipping will normally be delivered within 31 working days of acceptance of order.
- Goods supplied to Rest of the world via Royal Mail Tracked Shipping will normally be delivered within 31 working days of acceptance of order.
- Goods supplied to Non-UK via DHL Express Shipping will normally be delivered within 7 working days of acceptance of order.
- Delivery of the Goods shall be made to the Buyers shipping address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
- Risk in the Goods shall pass to the Buyer upon delivery of the Goods.
- If the Buyer choses Royal Mail Standard Shipping or a shipping option where no tracking or signature proof is provided, the Seller cannot be held liable for Goods lost, stolen or un-delivered. A refund will not be issued to non-delivered Goods when Standard Shipping is chosen by the Buyer. The Buyer may request a proof of postage receipt from the Seller, which the Buyer can use to open a claim with Royal Mail.
- Goods sent to a PO BOX address must be shipped via Standard Airmail and do not come with tracking. The Seller cannot be held responsible for postage delays and for Goods lost or stolen in the post when sent to PO BOX addresses. This is clearly stated within shipping sections across the Website.
- All Goods returned to the Seller due to one or more of the following reasons; 'unclaimed', 'incomplete/no such address', 'refused', 'unpaid duties/tax' will be refunded minus original shipping costs and a 20% restocking fee will be deducted from the refund. If the Seller receives the Goods back due to these reasons after the 28 day return period a credit note will be issued for the value of the order minus original shipping costs and a 20% restocking fee will also be deducted from the credit note.
CANCELLATION OF AN ORDER
- The Buyer may cancel the order for any reason up to the point of dispatch and receive a full refund.
- The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by email within 7 days if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
- Where a claim of defect or damage is made, or the wrong goods have been sent, the Goods shall be returned by the Buyer to the Seller within 28 days of delivery. The Buyer shall be entitled to a replacement, credit note or a full refund (including shipping costs) plus a credit note for the return shipping charges if the Goods are in fact defective and a postal receipt/proof of postage is presented to the Seller by the Buyer. Should the Goods be deemed by the Seller as defective at the Buyer's fault, then a replacement, credit note and refund will be denied to the Buyer and it is the Buyer's responsibility to arrange the the Goods to be returned to them.
- Goods must be returned by the Buyer within 28 days of cancellation in the original packaging and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any, and return postal charges in the form of a credit note). If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer and/or a refund will not be issued.
- In the event of the goods being unsuitable the Buyer shall be responsible for returning of the Goods to the Seller and cover any postage costs involved within 28 days. The Buyer will be under a duty to take care of the Goods until they are returned to the Seller and the Seller cannot be held liable for a return lost, stolen or missing in the post.
- Goods to be returned must include the completed returns slip enclosed with the order and clearly stating a refund or an exchange. In the event of an exchange the Buyer is responsible for the returns postage costs and a credit note will be issued minus the original postage costs to allow the Buyer to purchase alternative Goods.
- Where returned Goods are found to be damaged due to the Buyers fault the Buyer will be liable for the cost of remedying such damage and/or a refund will be refused. In this case, should the Buyer want the Goods back, the Buyer must make arrangements for the Goods to be returned back to them at their own cost.
- Sale, sample and discounted Goods cannot be exchanged, refunded or returned for a credit note. These Goods are sometimes, but not always, marked with * for reference.
- Certain Goods cannot be returned for a refund, however can be returned for an exchange/credit note. These goods will clearly state that they are un-refundable on the Good description page.
CREDIT NOTES, DISCOUNT CODES AND E-GIFT CARDS
- The Seller reserves the right the terminate any credit notes, discount codes or e-gift cards without notice. All credit notes, discount codes and e-gift cards cannot be used in conjunction with any other offer, promotion or voucher and only one code will be accepted against each order. The Seller reserves the right to refuse any credit note, discount code or e-gift card that is deemed invalid or fraudulent and expired codes will not be accepted.
- All credit notes, discount codes and e-gift cards are valid for a limited time only and must be used by the date indicated by the Seller via the email confirmation and/or website.
- Credit notes and e-gift cards cannot be refunded or exchanged for cash. Any remaining balance on an e-gift card may be used on future purchases. A credit note is valid for one use only and the total balance must be used on one whole order. There is no remaining balance on a credit note.
- The e-gift card will expired 12 months from date of purchase. Any balance remaining will be deducted to nil and forfeited.
- The seller is unable to replace credit notes, discount codes and e-gift cards if lost, intercepted or stolen.
- The Seller makes every effort to display as accurately as possible the colours of the Goods that appear on the website, however cannot guarantee or be held liable should the Goods not accurately reflect the colour of the image upon delivery due to extreme variations of universal monitor displays and screen settings.
- Goods on the website labelled as "Vintage" have been previously used and/or worn, this will be clearly stated within the Goods description page. Due to the used nature of these "Vintage" Goods, wear and tear is to be expected, as well as colour and size variation. The Seller reserves the right to refuse the return of "Vintage" Goods as damaged, faulty, wrong size and/or wrong colour.
SALES AND SAMPLE GOODS
- Sale and sample Goods cannot be exchanged, refunded or returned for a credit note. Sale and sample prices apply only to Goods ordered during the sale - Goods ordered before or after the sale will not have prices adjusted to include discounts. Sale start and end dates and times are in BRITISH GREENWICH MEAN TIME (GMT), and can be altered at the Sellers discretion.
MADE TO ORDER GOODS
- Made-to-order Goods cannot be returned for a refund, however can be returned for an exchange. This will be clearly stated within the Goods description page, as well as all shipping and returns sections across the Website.
- Dispatch time may vary on made-to-order Goods and may incur delays up to, but not limited to, 28 business days (excluding weekends/public holidays) after sale to allow manufacturing time. The Buyer will be informed of approximate dispatch times on made-to-order Goods before they checkout on the Goods description page, as well as all shipping sections across the Website .
- All orders on the Website will be charged in GREAT BRITISH POUNDS (GBP). Currency conversion is for reference only. If the Seller uses the currency convertor for reference, there may be a differ in price according to the currency conversion exchange rate at the time of sale. The prices shown in the Buyers currency are an approximate - the Buyers credit card provider/bank/paypal will determine the exact exchange rate that they will be charged. Currency conversion is for reference only and all payments will be charged in Great British Pounds GBP (£).
LIMITATION OF LIABILITY
- Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
- Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Sellers agents or employees.
THIRD PARTY SITES
- The Website may include hyperlinks to other websites or resources operated by parties other than the Website, including advertisers. The Seller has not reviewed all of the sites linked to it's Website and is not responsible for the content or accuracy of any off-site pages nor is the Seller responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
- By using the website, the User/Buyer agrees to allow third parties to process their IP address, in order to determine the their location for the purpose of currency conversion. The user/buyer also agrees to have that currency stored in a session cookie in their browser (a temporary cookie which gets automatically removed when they close their browser). The Seller does this in order for the selected currency to remain selected and consistent when browsing the website so that the prices can convert to the User/Buyers local currency.
WHOLESALING AND RESELLING
- The Seller/Website does not allow the re-selling of Goods purchased from www.batoko.com or third-party websites. Wholesale requests may be made by contacting the Seller directly at email@example.com and must be approved by the Seller.
- No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
- The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
- If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
- The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
GOVERNING LAW AND JURISDICTION
- These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
BATOKO LTD | Registered in England & Wales | Company number: 08632496