Terms and Conditions of Sale
Any reference to “you” or “your” is to a user of this site and any reference to “we”, “us” or “our” is to Bauer Radio Limited, a company registered in England and Wales under (company number 01394141) with its registered address at 1 Lincoln Court, Lincoln Road, Peterborough, PE1 2RF.
We may vary these Terms from time to time at our sole discretion and it is your responsibility to check the site for updates. The latest version of the Terms on this site are the Terms currently enforced. For terms and conditions relating to your use of this site, please see: http://www.bauerlegal.co.uk/radio-website-terms.html.
1. The Contract
Our site provides a platform offering various Products for sale. By purchasing Products on this site, you agree to be bound by these Terms. These Terms do not affect your statutory rights as a consumer. “Product(s)” include:
(i) physical goods such as clothing or merchandise (“Physical Goods”);
(ii) vouchers which you can redeem to purchase goods/services (normally at a discount from their usual cost from the providers of those goods/services) such as holidays, restaurant meals or hotel accommodation (“Vouchers”); or
(iii) other non-tangible goods such as e-tickets to music events or weekends away (“E Goods”).
2. Your Promises
By placing an order for any Product on the site, you warrant, represent and undertake that:
• you are legally capable of entering into a binding contractual agreement with us on these Terms;
• you are a private individual, not a business;
• you are at least 18 years old;
• you are resident in the United Kingdom and you are accessing the site from the United Kingdom; and
• you understand and agree to comply with these Terms.
We make no representation that any Products will be available for purchase outside the United Kingdom. If you choose to purchase a Product from outside the United Kingdom, you are wholly responsible for the redemption of Vouchers or E Goods and for compliance with any local laws applicable to any Products.
3. Our Status
Most of the time when you wish to purchase Physical Goods or E-Goods on this site, when you click on the relevant Product you will be redirected to a website owned and operated by one of our third party suppliers (a “Supplier”) to purchase that Product (when this happens, we will try to make this clear to you). In this case you will enter into a transaction to purchase that Product directly with the Supplier subject to the Supplier’s terms and conditions of sale which will be available on their website. There will be no contract of any kind formed between you and us in respect of the supply of Products you purchase directly from Suppliers’ websites.
Vouchers for sale on this site are provided by third party suppliers but we are authorised on behalf of those Suppliers to sell Vouchers to you, to collect payment (either through this site or through a third party payment provider website) and to deliver the Product to you. When you wish to purchase a Voucher or if you are purchasing Physical Goods, such as some of our branded merchandise from us directly, you will enter into a transaction with us. Although, in the case of Vouchers, the responsibility for the quality of the goods and services redeemed by a Voucher is the Supplier’s. All Vouchers plus other Products that are sold directly by us to you on this site (ie where you do not transact with the Supplier directly) shall be referred to in these Terms as “Bauer Item(s)”.
Your purchase of a Bauer Item may be subject to additional terms and conditions provided by the relevant Supplier. These additional terms will be notified to you directly by the Supplier (or on the Voucher itself) but may include e.g. the time frame and conditions for redemption of Vouchers. You confirm that you agree to be bound by both: (i) these Terms; (ii) any applicable terms and conditions, provided by the Supplier, relating to the Bauer Item you have purchased.
We shall have no responsibility or liability to you with regard to the fitness for purpose or quality of goods or services which may be redeemed by Vouchers sold to you on this site.
4. Bauer Items – our status
Bauer Items are provided for sale by us and, provided your order is accepted, the contract for the provision of the Bauer Item will be between you and us and this will be formed when we send you a Confirmation (defined below).
5. Registration and Passwords
To purchase Bauer Items from this site you may need to register for an account with us. To do so you will need to provide certain information (name, a personal email address, billing address and delivery address) and give a password for use in connection with your account (your account details and password being your “Account Information”). You must provide truthful and accurate information for registration and it is your responsibility to make sure that your Account Information stays up to date. You are responsible for maintaining the confidentiality of your Account Information and for any access to or use of your Account Information whether or not such access or use has been authorised by you. You must immediately notify us of any unauthorised use of your Account Information or any other breach of your security that could relate to your account.
We will not be liable for any loss or damage whatsoever resulting from the disclosure or loss of your Account Information. You may not use another person's account at any time without their express permission.
We reserve the right to terminate your account with immediate effect, if:
• you register, or attempt to register, an account with the email address of another person (or we may require the details to be re-entered and re-confirmed by you);
• you use, or attempt to use, multiple registrations;
• you breach, or attempt to circumvent, these Terms.
A breach includes (but is not limited to) circumstances where we believe in our sole discretion that your use of the site is unsuitable or detrimental to the site or any other users, such as hacking, disrupting or ‘scraping’ this site. On termination, all rights granted to you under these Terms will automatically terminate, save for any continuing rights which you may have in connection with any Products which you have already purchased. We may withdraw, cancel, suspend or terminate the site and the ability to purchase any Products available on it in whole or in part, at our absolute discretion at any time, save that, if you have purchased a Bauer Item and received a Confirmation (defined below) the transaction will be unaffected. Termination, suspension or cancellation of your access rights does not affect any other right or relief to which we may be entitled, at law or in equity.
6. Purchasing a Bauer Item
Step 1. Follow the onscreen instructions to purchase a Bauer Item. If you are requested to register or login to the site, you must do so to complete your purchase. Our registration process does not store your payment details but it will retain (as part of your Account Information) your delivery and billing address. To buy a Bauer Item you must place it in your “shopping cart”. To remove a Bauer Item from your shopping cart, just click “remove” next to the relevant Bauer Item in your cart.
Step 2. If registration is not needed to purchase a Bauer Item, you will need to input your delivery and billing address.
Step 3. Check that the details of your order are correct.
Step 4. You will be asked to provide some information to allow us to process your order such as your selected payment method: usually debit or credit card details. Your order at the checkout represents an offer to us to purchase a Bauer Item. Your offer is accepted by us only when we send you a confirmation of purchase (the “Confirmation”) either by:
• email confirmation that your order for Goods (or E-Goods) has been accepted by us; or
• if you have ordered a Voucher, your Voucher, in printable electronic format, which will include 2 codes: the unique voucher code and a separate unique security code (“Voucher Numbers”) plus the terms and conditions (including any restrictions or limitations) relating to the redemption of the Vouchers, including but not limited to: the time period within which you can redeem the Voucher.
If we experience problems fulfilling an order we will notify you by email of details of such problem and we may: (i) re-process the order (ii) offer an alternative Product; or if necessary (iii) reject your order. If we reject your order before providing you with Confirmation, you will not be charged. If we reject your order after payment has been taken, we will provide you with a refund. Neither we nor the Supplier are responsible for any Vouchers or Voucher Numbers which are lost or stolen.
7. Prices and Payment
The price of all Products available for purchase (either from us directly or from a Supplier’s website) is in pounds sterling and includes VAT (unless otherwise stated). We will notify you of the applicable delivery costs.
In the unlikely event that there the displayed price of a Product is incorrect and such error is brought to our attention before you have received your Product, if the actual price of the Product is lower than our stated price, we will charge you the lower amount, if a the actual price of the Product is higher than the price stated on the site, we will contact you and you can either pay the actual price or cancel your order. We are under no obligation to provide the Products to you at the incorrect (lower) price.
We may change the prices for Products at any time by posting new prices on the site, but changes will not affect orders for Bauer Items which you have already been sent a Confirmation.
We will accept payments made by credit or debit card, although in some instances, we may require payment by bank transfer or other methods through third party payment providers such as PayPal and we will advise you prior to purchase where that is the case.
If you purchase a Product directly from a Supplier’s website, the order details will be notified to you in accordance with the terms and conditions stated on that website. Orders for Bauer Items will normally be fulfilled by us (or a service provider engaged by us) by the delivery date set out in the Confirmation. If you order more than one Bauer Item they may be delivered separately but will try to ensure that Physical Goods are dispatched within 28 days of an order being received. Dispatch dates are an approximation only.
If Bauer Items become unavailable after you have received your Confirmation, we will inform you by email and may offer an alternative. We will endeavour to obtain the original Bauer Item.
All Vouchers (and E-Goods provided as a Bauer Item) are provided in a downloadable electronic format and the communications we send to you will be by email. You will need a suitable computer, connectivity and bandwidth and an email account in order to use the site and purchase Vouchers and E Goods and you will need to print the communications we send to you for your records and future use. The software, hardware and services involved in this and all related connection and data costs are your responsibility. We cannot communicate or provide Vouchers or E Goods by post or any other delivery means other than as set out in these Terms.
9. Undelivered Bauer Items
You must inform us within 60 days from the date of dispatch if your Bauer Item has not arrived at the delivery address (whether physical address or email address). Outside this period, replacement or refunds for Bauer Items is at our sole discretion.
10. Redeeming Vouchers
Once you have received your Confirmation, Vouchers are redeemable for the relevant goods/services offered by the Supplier subject to the terms of the Vouchers. These terms are likely to include start date and end date for when the Voucher may be redeemed (the “Redemption Period”). Sometimes, if you buy a Voucher with a 24-hour Redemption Period at 1730, the 24-hour redemption period may start at midnight on that day rather than when you buy the Voucher. If you fail to redeem Vouchers within the stated Redemption Period, you will not be entitled to any refund or any other right or remedy whether from us or the relevant Supplier. Any attempted redemption of Vouchers that is inconsistent with these Terms or any of the specific terms stated on the Voucher may be rendered void at our discretion or the Supplier's discretion. The swapping, part-redemption, trading or handing back of Vouchers for cash or other goods and/or services is only permitted where the terms and conditions of the Voucher permit. The actual goods/services for which you can redeem the Vouchers are provided at the sole responsibility and liability of the Supplier. Any defect in any goods or failure to perform the service is the responsibility of the Supplier and you acknowledge that your rights of action and all available remedies and recourse will be against the Supplier. Subsequent to your purchase of a Voucher, if a separate agreement is reached between you and the Supplier under which you and the Supplier agree to substitute any product/service to which you may be entitled by your Vouchers for any alternative goods/service, all our legal obligations under these Terms shall be deemed fulfilled and we shall have no further responsibility or liability to you in relation to the those Vouchers.
11. Cancellation and Refunds
You may cancel your purchase of a Bauer Item under the circumstances set out at (A) to (C) (cancellation / refunds for Products purchased from Supplier’s website will be governed by the Supplier’s terms of sale).
(A) You have a legal right to cancel your purchase during the period set out in this paragraph, (A). This means that, during the relevant period, if you change your mind or for any other reason you decide you do not want to keep a Bauer Item, you can notify us of your decision to cancel the purchase and receive a full refund provided that, in the case a request to cancel Voucher orders, you have not already redeemed your Vouchers. To cancel your purchase, please send an e-mail to: email@example.com. You may wish to keep a copy of your cancellation email for your own records. Your cancellation is effective from the date you send us the e-mail. Your legal right to cancel your purchase of a Bauer Item starts from the date of the Confirmation, which is when your contract with us is formed.
If the Bauer Item is a Physical Good and has already been delivered to you, you have 14 (fourteen) working days to cancel, starting from the day after the day you receive the Physical Good. Unless you are returning the Bauer Item due for one of the reasons set out in paragraph (B), below, you will be required to return the Phyisical Good by recorded delivery and are responsible for postage and packaging costs of doing so. More advice about your legal right to cancel is available from your local Trading Standards office.
(B) If you receive a Bauer Item which is:
• not what you have ordered,
• defective, or
• of a different quantity to that stated on your Confirmation, we will be responsible for making good any shortage or non-delivery, replacement or repair of any damaged or defective Bauer Item or we will refund to you the amount you paid for the Bauer Item in question. Please notify us of the problem in writing as soon as possible, preferably within 30 working days of delivery of the Bauer Item. Please note that for Vouchers, our responsibility for a defective Bauer Items does not include responsibility (to refund you for the Voucher price or otherwise) for the unsatisfactory quality of goods or services for which the Voucher may be redeemed. We will give you a refund in the unlikely event that, despite redeeming the Voucher within the Redemption Period and otherwise complying with its stated terms, the Supplier refuses to redeem it.
(C) For Physical Goods, if you are not completely satisfied with your purchase for reasons other than as set out above, you may cancel your order at any time but no later than 30 days after the day you received the Bauer Item by sending notice of cancellation by email to: firstname.lastname@example.org, ensuring that you quote your name, address and order reference number. In this case, unless the Bauer Item is faulty, if you cancel your order after it has been shipped to you, the Bauer Item must be returned in the same condition as it was delivered to you, suitable for resale and in the original packaging (where applicable) and you will be responsible for any postage charges. We recommend that you use a recorded delievery service to return such items so that you can track the item. Please obtain a proof of postage, as we will not be held responsible for non-receipt of any returned Bauer Items
Following notification of cancellation of your purchase of a Bauer Item, any sum relating to the cancelled purchase shall be credited to you within 30 working days of receipt of the cancellation notice (for Vouchers and E Goods) or of the returned Physical Product, provided that (unless the Physical Product is faulty or defective) it is returned by you to us in the condition in which it was delivered. You will be refunded using the method used by you to pay for the Bauer Item.
12. Fraudulent Orders
Attempts to order a Bauer Item with false or invalid information will be dealt with as fraud. We reserve the right to credit or cancel any order that may appear to be fraudulent or incomplete immediately and without notice to you if:
• when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
• if we feel that you are using fraudulent information or credit card data that does not belong to you;
• we suspect you have engaged, or are about to engage, or have in any way been involved, in fraudulent or illegal activity on the Website, and we reserve the right to pass on any information to the local authorities.
You will indemnify and keep us indemnified against any damage, loss, liability or cost incurred by us resulting from:
• any breach of these Terms by you;
• any claims or legal proceedings brought or threatened against us by a third party as a result of your use of the site; any use of your Account Information,whether by you or any other person, where you have registered an account; or your receipt and use of any Product, or any goods/services provided pursuant to any Vouchers.
Whilst we will try to ensure that all Products displayed on our site are of good quality, we cannot promise or give any assurance or promise that Products purchased directly from Suppliers through their websites will be of satisfactory quality or, in the case of goods/services provided under Vouchers will be of satisfactory quality and/or provided with reasonable skill and care. Any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against a Supplier. Our liability in connection with Bauer Items is limited to the purchase price of them. We are not liable for any costs or expenses incurred by you that are ancillary to or collateral upon your redemption of Vouchers or your receipt of the relevant goods/services. For example, if Vouchers are for a flight ticket, we are not liable to provide airport transfers. This exclusion applies also in circumstances where a Supplier cannot provide you with the goods/services originally offered by your Vouchers and instead agrees to supply you with similar or alternative goods/services which may cause you to incur additional expense; such additional expense is solely at your liability. We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, however caused, even if foreseeable. Nothing in these Terms shall exclude or limit in any way our liability for fraud, or for death or personal injury caused by our negligence, or any liability under s2(3) of the Consumer Protection Act 1987, or any other liability to the extent that it may not be excluded or limited as a matter of law.
15. Events Outside Our Control
We shall have no liability to you for any failure to deliver, for any delay in delivery or for any damage or defect to Bauer Items which is caused by any act or circumstance beyond our reasonable control including, without limitation, strikes and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident, or any other force majeure type events.
16. Data Protection
Billing details will be kept for 3 years for taxation reasons and will then be destroyed.
If you register on our site, or when providing your email address for the purpose of making an order, where necessary we will provide your personal information to our group companies (meaning other companies that are members of the same group of companies as Bauer Consumer Media Limited) (“Group Companies”) and also to a Supplier or one of our service providers (if they require your details so that they can deliver the Bauer Item to you).
Your personal information may be used by us or our Group Companies to send you offers of goods / services which we think may be of interest to you. You will either be asked for your consent to such usage when you register with us or make an order and the opportunity to unsubscribe from further marketing communications will be available on any marketing communications that we send to you.
17. Import Duty
If you purchase Bauer Items from the site for delivery outside the United Kingdom, the order may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note we have no control over these charges and cannot predict their amount. International deliveries may be subject to inspection and opening by customs authorities. Please contact your local customs office for further information.
You must also comply with all applicable laws and regulation of the country for which the Bauer Item is destined. We will not be liable if you breach any such laws.
• You may not transfer, assign, charge or otherwise dispose of any of your rights or obligations arising under these Terms. We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms, at any time.
• A person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any term of them.
• If any of these Terms or any part thereof are unenforceable, the enforceability of all other terms and conditions shall not be affected.
• No failure by us to exercise any right or remedy under these Terms shall operate as a waiver of that right or remedy and no waiver by us of any breach of these Terms shall operate as a waiver of any subsequent breach.
• These Terms shall be governed and construed according to English law and the English courts shall have exclusive jurisdiction regarding any claim or matter arising under the terms and condition.
Last updated: 27 January 2014