Terms and Conditions

Terms and Conditions for the Supply of Goods and Services

These Terms and Conditions govern the supply of all Goods and Services provided by us to you.

We are: The Gingerbread House (trading as The Busy Ballet Lady) *

Our address is: one Ash,main street,Rotherby,Melton Mowbray,Leicester,LE14 2LP.

We can be contacted at:    by post at the address given above; by email – info@thebusyballetlady.co.uk ; or
by telephone – 0116 260 2285.
You are: a purchaser of our Goods and/or Services.

Please read the terms and conditions set out below carefully before opening an account and purchasing Goods or ordering Services from us. By opening an account, ordering Goods or Services from us or otherwise using this Website you agree to be bound by these terms and conditions (“Terms and Conditions”).

1.    Definitions

“Agreement” is a reference to these Terms and Conditions, any order form and payment instructions provided to you;

“the Customer”, “you”, “your” and “yours” are references to you the person purchasing any Goods or Services from us;

“Goods” means any vehicle part, product or item ordered by you from us;

“Services” means the vehicle upholstery service and such other services that we may agree to provide to you from time to time;

“Terms and Conditions” means the terms and conditions of supply set out in this document;

“we”, “us” and “our” are references to The Gingerbread House (trading as The Busy Ballet Lady)

“Website” is a reference to the website, www.thebusyballetlady.co.uk  which is run and operated by us and on which these Terms and Conditions are displayed.

2.    Ordering

2.1    When ordering any Goods or Services from us you do so in accordance with this Agreement. You are deemed to have accepted the prices of the Goods or Services quoted to you and other terms such as delivery which may have been quoted to you at the time of placing your order.

2.2    Any order that you place with us is subject to product availability and acceptance by us.  When you place your order online we will send you an email to confirm that we have received it.  This email confirmation will be produced automatically so that you have confirmation of your order details.   The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your order.  Once we have sent the confirmation email we will then check availability and contact you with a further email.   If the Goods are available and the details of the order are correct, this email will be deemed an acceptance and will specify delivery details and confirm the price of the Goods purchased.   If the Goods are not available we will also let you know by email.

2.3    Acceptance by us of any order placed by you will only take place when we notify you that your order has been accepted.

2.4    Any contract for the supply of Goods and/or Services is between you and The Gingerbread House (trading as The Busy Ballet Lady).

2.5    All prices listed on the Website are correct at the time of publication however we reserve the right to alter these in the future.  We also reserve the right to alter the Goods or Services available for sale on the Website and to discontinue any product line or service.

2.6    The contract for the Goods or Services will be accepted at the time of despatch of your order. We will confirm this to you in writing. You must inform us immediately if any details are incorrect. If your order has not been accepted you will be notified of this in writing together with the reasons.
2.7    You agree to take particular care when providing us with your payment details and you warrant that these details are accurate and complete at the time of ordering. You agree to take particular care when providing address information at the time of ordering. No liability is accepted for orders where delivery information is incorrect, incomplete or misleading.

2.8    You must check that the order meets your requirements and that the quantity and specifications of the Goods meet your requirements.

2.9    It is your responsibility to ensure that the Goods are suitable for the purpose for which you intend. You must ensure that the Goods or Services purchased are compatible with the relevant vehicle. All Goods sold by us must be installed and used in accordance with the manufacturer’s guidelines and recommendations.

2.10    Where we accept credit or debit cards, you also warrant that the credit or debit card details that you provide is your own credit or debit card and that you have sufficient funds to make the payment.

3.    Prices and Payment

3.1    Prices are exclusive of value added tax and delivery charges which will be added to your order if applicable.

3.2    The total price for Goods and Services ordered, including delivery charges, will be confirmed to you when you place your order.

3.3    Full payment must be made for all Goods or Services at the time of placing your order by one of the methods displayed on our Website.

4.    Delivery

4.1    Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address nominated by you at the time of ordering. Time is not of the essence for delivery of any Goods under this Agreement.

4.2    Our delivery charges are displayed on the Website and we reserve the right to increase these from time to time without notice to you. Any update to the prices will be displayed on the Website. We do not deliver to countries outside the United Kingdom.

4.3    All risk in the Goods shall pass to you upon delivery.

4.4    If you fail to accept delivery of the Goods at the time they are ready for delivery, or we are unable to deliver the Goods at the nominated time due to your failure to provide appropriate instructions, documentation, licences, consents or authorisations, then the Goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such Goods shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver the Goods shall be your responsibility and you shall indemnify us in full for such cost.

4.5    You must ensure that at the time of delivery of the Goods adequate arrangements, including labour and access, are in place for the safe delivery of the Goods. We cannot be held liable for any damage, cost or expense incurred to the Goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.

4.6    You must check the order confirmation email for tracking information relating to the Goods and contact the relevant courier to establish the delivery time if the Goods have not been delivered on time. If you are unsuccessful with the courier you must notify us immediately if the Goods have not been delivered or if there has been a partial delivery of the Goods only. Any missing items should be listed and notified to us within 3 days.

4.7    Incomplete orders must be notified to us as soon as possible following delivery and within 3 days of delivery. We will either arrange for the missing items to be delivered to you at no extra cost or refund you the original cost of the missing items.

4.8    No refunds of the delivery charge are made for late deliveries.

5.    Cancellation and Returns

5.1    Cancellations:

5.1.1    You must notify us immediately if you decide to cancel your order preferably by email at info@thebusyballetlady.co.uk and quote your order number.

5.1.2    Goods: The time limit for notification of cancellation is 7 working days following receipt by you of the Goods. We cannot guarantee that we will be able to stop your order once we receive notice of cancellation as the Goods may already have been despatched. In these cases, the Goods will need to be returned to us unused and in good condition. In the event you return Goods which need to be repaired we may undertake the repair work and charge this cost to you.

5.1.3    Services: The time limit for notification of cancellation is 7 working days from the day you ordered and paid for the Services unless you have requested us to commence the Services before the expiry of this period in which case the cancellation period expires when we begin providing the Services to you.

5.1.4    Once we have heard from you that you wish to cancel your order within the stipulated time period we will refund or re-credit your debit or credit card with the full amount within 30 days which includes the initial delivery charge (where applicable) which you paid for the delivery of the Goods.

5.1.5    You must ensure that when returning the Goods they are packed adequately and returned with a reputable courier. The cost of the return must be paid for by you.

5.1.6    A full statement of your legal rights under the Distance Selling Regulations may be obtained in the UK from your local Citizen’s Advice Bureau or Trading Standards Office.

5.2    Returns:

5.2.1    You are entitled to return Goods ordered from us within 30 days of receipt of the Goods if the Goods are faulty or damaged. You will be entitled to have the Goods repaired or replaced provided we agree that the Goods are faulty or were delivered to you in a damaged condition and have not been used. Replacement Goods will be charged at the full price.

5.2.2    Please email info@thebusyballetlady.co.uk to inform us of your wish to return Goods quoting your order number. You must ensure that the Goods are returned to us at your cost immediately by courier unused.

5.2.3    The cost of returning the Goods to us must be paid by you unless we agree that the Goods are faulty or damaged upon receipt by you. Any refunds or re-credits will be undertaken within 30 days.

5.2.4    Goods which develop a fault or become faulty within the manufacturer’s warranty or guarantee period may be repaired or replaced at our discretion provided that the Goods are used in accordance with the manufacturer’s recommendations and guidance.

5.2.5    All Goods returned to us must be sent via a reputable courier adequately packaged and returned to the address specified above.

6.    Damage in Transit

6.1    You must notify us immediately if Goods are found to be damaged upon delivery. You must keep the Goods within the original packing and make these available for inspection.

6.2    In the case of Goods damaged in transit our total liability to you is limited to providing replacement Goods within a reasonable period.

7.    Title

7.1    Title to Goods which have been returned to us and in respect of which we have provided a substitute or paid a refund will transfer to us upon despatch of a replacement or the date of the refund as appropriate.

8.    Our Obligations

8.1    Where we agree to provide Services to you, we agree to perform such Service with reasonable skill and care.

8.2    Turnaround times and timing for completion of the Service are intended as a guide only and we cannot be held liable for any delays where the Service takes longer than anticipated.

8.3    We will pass on to you the benefit of any manufacturer warranty which is provided with the Goods and no other warranty is hereby expressed or implied in respect of the Goods.

9.    Our Website

9.1    The information, content and material available on the Website may vary from time to time without notice to you. This is in order to ensure that the Website is as up to date as possible.

9.2    We aim to have the site available at all times, however, you will appreciate that we cannot guarantee this or that it will be error free and we cannot accept liability for any issues that this may cause. We aim to keep the Website as up to date as possible; all product descriptions displayed on the Website are correct at the time the information is entered however the information appearing at the time may not always reflect the position exactly at the time you place your order.

9.3    You must not interfere with the working of our Website nor must you circumvent security on the site, tamper with, or hack into, or otherwise attempt to disrupt our computer system, server, website, router or any other internet connected device or service.

10.    Intellectual Property Rights

10.1    Ownership in, and all rights created in relation to the contents of this Website vest in us absolutely unless otherwise indicated. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website except where expressly invited to do so or indicated on our Website.

10.2    The intellectual property rights in the brand names or trademarks used in connection with the display of Goods on the Website shall belong to the owners of such brand names or trademarks. The purchase of any Goods or Services from us does not confer on you any rights in any such brand names or trademarks.

11.    Linked Sites

There are a number of links on our Website to third party websites which we believe may be of interest to you. We do not represent the quality of the equipment or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party websites or the services or equipment that they may provide to you.

12.    Limitation of Liability

12.1    We disclaim any and all liability to you for the supply of the Goods or Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a Consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.

12.2    We shall not be held liable for any failure or delay in delivering Goods or providing Services where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties which shall include, but is not limited to, any labour strikes, bad weather conditions, fires, governmental actions, war or terrorist acts.

12.3    We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to property and/or loss from claims of third parties arising out of the use of the Goods purchased from us or provision of our Services.

12.4    We shall not be held liable for any misrepresentations other than fraudulent misrepresentations.

12.5    Under no circumstances will we accept liability for any loss, damage or expense suffered or incurred by you as a result of any of our Goods being fitted or installed by anyone who is not approved by us.

13.    Your Information

13.1    Where we have requested information from you to provide the Goods or Services, you agree to provide us with accurate and complete information.

13.2    You authorise us to use, store or otherwise process your personal information in order to provide the Goods or Services to you and for marketing purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to third parties from time to time where this is required by law or in order to provide the Goods or Services to you.

13.3    You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.

13.4    All personal data is stored and managed in accordance with our Privacy Policy.

14.    Complaints about our Service

We hope that you will not have any complaints about our Services however if you do have an issue please contact us at info@thebusyballetlady.co.uk and we will do our best to respond within 5 business days.

15.    General

15.1    We may assign, subcontract or novate any part or parts of our rights and obligations under these Terms and Conditions and this Agreement without your consent or any requirement to notify you.

15.2    We reserve the right to cancel or reduce any order which may have been accepted by us where, due to circumstances beyond our control it is not possible to deliver the Goods.

15.3    The Terms and Conditions, any order form and payment instructions constitute the entire agreement between you and us. No other terms, representations, promises or statements whether expressed or implied shall form part of this Agreement including for the avoidance of doubt, any terms and conditions which the Customer tries to apply in any purchase order, confirmation of order, specification or other document or communication. In the event of any conflict between these Terms and Conditions and any other term or provision, these Terms and Conditions shall prevail.

15.4    Any variation to these Terms and Conditions shall only be valid if made in writing and signed by an authorised representative of The Gingerbread House (trading as The Busy Ballet Lady).

15.5    If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.

15.6    These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.

15.7    No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

15.8    It is not intended that the undertakings and obligations of the parties set out in this Agreement shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.

* The Gingerbread House is the trading name of Anna Sleath

Last updated November 2012