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ByALEX Terms & Conditions

Ordering

After clicking on an item you wish to buy you can then verify, amend or cancel your purchase at any time prior to completing your purchases.

To complete a purchase your credit card, debit card or Paypal details will be required together with confirmation of the delivery address. ByALEX Ltd currently accepts Visa, MasterCard, Maestro, Paypal and Bank Transfer payments (Bank Transfer payments are only accepted in GBP£).

Once you have successfully placed an order you will be sent an email confirming, among other things, receipt and the details of your order.  We’re sorry that in most circumstances it’s not possible to make changes to your order once you’ve placed it.

Your order represents an offer by you to purchase goods from us.

Please note it is the customer’s responsibility to check the confirmatory email and notify us immediately of any errors at orders@byalex.co.uk

Once the goods have been dispatched to you we will accept your offer, be bound to fulfil it and a contract will be formed.

There are some products which we cannot cancel, refund or exchange, including all made to order items.

Where a product has been specially ordered for you, unless faulty, we’re unable to refund or offer an exchange. We’re unable to accept cancellations for these orders, unless we receive written notification stating your reasons within 48 hours of the order being placed.

This does not affect your statutory rights.

Product information

All prices are quoted in British pounds sterling and are inclusive of UK Value Added Tax but exclude delivery charges. The prices set out on our site are VAT inclusive.

For all countries outside the European Union please contact us on orders@byalex.co.uk before placing your order.

We reserve the right to make price adjustments if it is discovered that the price is incorrect or to protect us from price rises for reasons such as a supplier’s price increase, new taxes and currency fluctuations.

We make every effort to ensure colours appear as realistic as possible. However, due to the constraints of digital reproduction on different web browsers, we cannot guarantee exact colour depiction. Please be aware that the actual colour you see on the screen may differ to those of your ordered products. Every care is taken to ensure descriptions and measurements are accurate, however slight variations may occur. Packaging may vary from that shown.

For all items made from natural products, such as leather or wood, it is not possible to guarantee items will have the same colour, shade and pattern or finish as items viewed on the website, due to the inherent nature of such products. Also, we cannot guarantee to match goods exactly which have been ordered at different times.

For glass items, any imperfection is to be considered as a distinguishing feature of craftsman work, which makes each piece unique. Glass undergoes a thermal treatment that may cause some very slight imperfections.

Stripe

ByALEX uses the 3rd party payment platform, Stripe, the Stripe API, and in conjunction, your Stripe account to process credit and debit card transactions for your ByALEX account. ByALEX is a “Partner Application” as defined in the Stripe Terms of Service.

By using ByALEX and agreeing to the ByALEX Terms of Service, You also agree to be bound by Stripe’s Terms of Service.

You expressly understand and agree that ByALEX shall not be liable for any payments and monetary transactions that occur through Your use of the Service. You expressly understand and agree that all payments and monetary transactions are handled by Stripe. You agree that ByALEX shall not be liable for any issues regarding financial and monetary transactions between You and any other party, including Stripe.

You are responsible for all transactions (one-time, recurring, and refunds) processed through the Service and/or Stripe. ByALEX is not liable for loss or damage from errant or invalid transactions processed with Your Stripe account. This includes transactions that were not processed due to a network communication error, or any other reason. If You process a transaction, it is Your responsibility to verify that the transaction was successfully processed.

You understand that ByALEX uses the Stripe API to run the Service and that the Stripe API is subject to change at any time and such changes may adversely affect the Service. You understand and agree to not hold ByALEX liable for any adverse affects that actions (whether intentional or unintentional) on the part of Stripe may cause to Your Stripe account, Your ByALEX account, or Your business.

You must not process stolen credit cards, or unauthorised credit cards through Stripe and/or Your ByALEX account.

Delivery

Charges for postage and packing will be determined at the time of order. Please check the amount shown on the checkout pages prior to completing your order.

All orders will be processed as soon as possible and you will be contacted if there is likely to be a delay in completing the order and dispatching the product.

All deliveries require a signature.

We will deliver the goods ordered to the address you provided to us when you placed your order online.

You will be notified by email once your goods have been dispatched. All UK deliveries will be between Monday to Friday during the hours of 8am and 6pm. Please note that additional costs will be incurred for specified time deliveries.

Please note it may not be possible for us to deliver to some locations.

Should delivery time be delayed we do not accept liability of any consequential loss or indirect loss. We will contact you if there is a delay or items are out of stock.

Goods delivered overseas may be subject to import duties and taxes including customs & clearance fees, duties & taxes, road tax (applicable in Turkey*) or quarantine and fumigation fees (mainly Australia). Such taxes will be payable when the goods reach their destination. The liability for payment of such customs duties rests solely with you and ByALEX Ltd has no control or liability for them. Failure to make payment will result in delays (of which ByALEX Ltd cannot be held responsible) and ultimately the return of the goods and further costs accrued.

We regret that ByALEX Ltd is unable to offer guidance on such duties or taxes and recommend that you contact your local Customs Office.

For all European and international orders you may wish to take out goods in transit insurance to cover against damage during transportation and delivery.

From the moment a carrier attempts to deliver the goods, they are your responsibility and you have to accept the goods when they are ready to be delivered.

Normally deliveries do not include unpacking, assembly or installation. However, with prior agreement, we can offer a complete on-site installation service.

All delivery times are only estimates and not actual dates, ByALEX Ltd is not held liable for any change in delivery times once an order has been placed.

Retention of title

The customer agrees that title shall transfer to the customer only when the goods have been paid for in full.

Circumstances beyond our control

We reserve the right to cancel, vary or suspend the operation of contracts of sales if events occur which are beyond our control including (and without prejudice to the generality of the foregoing) fire, floods, storm, plant breakdown, lock-outs, riots, industrial action which prevents entry to premises, hostilities, non-availability of materials or supplies or any event outside the control of Nest.co.uk Ltd and we shall not be held liable for any breach of contract resulting from such an event.

Refunds and Returns

International refunds

All refunds will be refunded for the equivalent amount taken in the currency you used when you placed the original order, for example, if you paid in US Dollars your refund will be in US Dollars, but, due to fluctuations in the currency exchange rate this may result in a difference between the refunded amount and the original price.

Damaged or faulty returns procedure

If your purchase is damaged or defective you need to follow the following procedure:

1. Please inspect your purchases immediately upon receipt. If your purchase is damaged you need to contact us within 14 days of receipt, sending us a couple of photos of the damage. No claim for replacement can be made after 14 days.

2. Any claim regarding an item/s damaged or defective must be made initially in writing and preferably by email to orders@byalex.co.uk

3. Items should be returned to us unused and in their original packaging.

4. Our team will assess the damage and if approved will order you a replacement, repair (where applicable) or refund (excluding any special delivery charges above our standard delivery charge).

5. The damaged item/s must be returned to ByALEX Ltd within 14 working days.

6. The cost of returning the product(s) will be your responsibility and you must insure the transit of the products.

7. Where items are large or fragile (as determined by ByALEX Ltd) we reserve the right to nominate a specialist furniture handler for return transit and pass the cost of delivery (up to 15% of the total order value) onto the customer.

8. In all cases the product(s) must be adequately packed and in the original packaging to prevent further damage. And you must write the original web order number clearly on the packaging.

Returns address and contact details:

ByALEX
Unit 8, Gatwick Business Park,
Kennel Lane, Hookwood,
Surrey RH6 0AY, United Kingdom

email: orders@byalex.co.uk

Tel: 020 7 993 5805

Returns procedure for items that are non-damaged (excludes all made to order items)

1. A written notice by email confirming your cancellation is required and the goods must be returned unused, and in a fully resalable condition in their original packaging within 14 days of receipt of the goods along with your order reference number.

2. Where items are large or fragile (as determined by ByALEX Ltd) we reserve the right to nominate a specialist furniture handler for return transit and pass the cost of delivery (up to 15% of the total order value) onto the customer.

3. The cost of returning the product(s) will be your responsibility and you must insure the transit of the products. If the goods are returned damaged no refund will be issued. If you would like us to arrange collection of your item, please contact orders@byalex.co.uk for further information on pricing.

4. As soon as we receive notice of your cancellation we will refund the cost of the goods (minus any delivery charges). We will provide the refund within 14 days from the receipt of the notice of 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 refunded to you. Credit card, Paypal and bank transfer orders will receive a refund back to the original method of payment.

5. In all cases the product(s) must be adequately packed and in the original packaging to prevent damage. And you must write the original web order number clearly on the packaging.

Returns address and contact details:

ByALEX
Unit 8, Gatwick Business Park,
Kennel Lane, Hookwood,
Surrey RH6 0AY, United Kingdom

email: orders@byalex.co.uk

Tel: 020 7 993 5805

Cancellation by us

We reserve the right to cancel the contract between us if:

•We have insufficient stock to deliver the goods you have ordered;
•We do not deliver to your area;
•The manufacturer has discontinued the goods.

General

Liability

We will not be liable for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable by either party when the contract for sale was formed.

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 (minus any delivery charge).

If the goods are not what you ordered, are damaged or defective, or the delivery is of an incorrect quantity, we shall have no liability unless you notify us of the problem within 24 hours of receipt of the goods in question.

We shall not be liable for any defects in the goods caused by any act, neglect or default by you or any third party.

If you do not receive the goods you ordered within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing of the problem within 40 days of the date on which you ordered the goods.

Notwithstanding the above, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or any other statutory rights. Nothing in this agreement shall limit ByALEX Ltd’s liability for death or personal injury caused by our negligence or breach of duty.

Copyright Statement

This website is owned and operated by ByALEX Ltd. All content including pictures, designs, logos, photographs, written and other materials on our website are copyrighted. All worldwide rights are reserved. Any reproduction in whole or in part of our website is strictly prohibited without prior written permission of ByALEX Ltd.

Data protection and privacy

We are committed to protecting your privacy. The information we collect about you in order to process your order will only be used lawfully in accordance with the Data Protection Act 1998. We will not wilfully disclose any confidential information without your prior permission and your details will not be passed onto a third party for their use in promotional purposes.

We will not share any of your information with parties outside our organisation except to the extent required by law, police, court order or as requested by other government or law enforcement authority.

Your personal details may only be disclosed to other reputable third parties only for the purpose of processing your order. We require all such third parties to treat your personal information as fully confidential and to fully comply with all applicable UK Data Protection or Consumer Legislation.

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:

Kingshaw
Billiards Studio
Upper Court Road
Woldingham
Surrey CR3 7BE
ByALEX Ltd is registered in
England and Wales No.7592562

All notices from us to you will be displayed on our website from time to time.

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.

Governing law

These terms and conditions are governed by English law, you agree to submit to the non-exclusive jurisdiction of the English courts in relation to any disputes arising under or in connection with these terms and conditions or the contract between us.

Entire agreement

These terms and conditions, together with our current website prices, delivery details, contact details and data protection and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by ByALEX Ltd.

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