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Terms of Service
Terms of Service
These Terms
What these terms cover.
These are the terms and conditions on which we supply products to you. Please read them carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem, and other important information.
Information About Us and How to Contact Us
Who we are.
We are Linen Bay Ltd, a company registered in England and Wales. Our company registration number is 16316638, and our registered office is at 49 Vectis Road, Alverstoke, Hampshire PO12 2QD.
How to contact us.
You can contact us by writing to us at sales@linenbay.co.uk.
How we may contact you.
If we have to contact you, we will do so by writing to you at the email address you provided to us in your order. When we use the words "writing" or "written" in these terms, this includes emails.
Our Contract With You
How you order products from us.
Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order carefully at each page of the order process.
How we will accept your order.
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we cannot accept your order.
If we are unable to accept your order, we will inform you of this and will not charge you for the product(s). This might be because the product(s) are out of stock, due to unexpected limits on our resources, because we have identified an error in the price or description of the product(s), or because we are unable to meet a delivery deadline you have specified.
We amend these terms from time to time.
Every time you order products from us, the terms in force at the time of your order will apply to your purchase.
Our Products
Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display will reflect the exact colour of the products. Your product(s) and any packaging may vary slightly from the images shown on our website.
Making Changes
Your rights to make changes.
If you wish to make a change to the products you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will inform you about any adjustments to the price, timing of supply, or any other necessary modifications. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7).
Our rights to make changes.
We may change the product to reflect changes in relevant laws and regulatory requirements, as well as to implement minor technical adjustments and improvements.
Providing the Products
Delivery Costs
The costs of delivery will be as displayed to you on our website.
When We Will Provide the Products
During the order process, we will let you know when we will provide the products to you. This will be as soon as reasonably possible and, in any event, within 30 days after the day on which we accept your order unless we agree on a different date with you.
We Are Not Responsible for Delays Outside Our Control
If our supply of the products is delayed by an event outside our control, we will contact you as soon as possible to let you know and take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not received.
If You Are Not at Home When the Product Is Delivered
If no one is available at your address to take delivery and the products cannot be posted through your letterbox or left in a safe place or with a trusted neighbour as directed by you, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
If You Do Not Re-arrange Delivery
If, after a failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any additional delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the contract and clause 12 will apply.
Your Legal Rights If We Deliver Late
You have legal rights if we deliver any products late. If we miss the delivery deadline for any products, then you may treat the contract as at an end straight away if any of the following apply:
- We have refused to deliver the products.
- Delivery within the delivery deadline was essential (taking into account all the relevant circumstances).
- You told us before we accepted your order that delivery within the delivery deadline was essential.
Setting a New Deadline for Delivery
If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 6, you can give us a new deadline for delivery, which must be reasonable. If we do not meet the new deadline, you can then treat the contract as at an end.
Ending the Contract for Late Delivery
If you choose to end the contract due to late delivery under clause 6 or clause 6.7, you may cancel your order for any of the products or reject those that have already been delivered. If you wish, you can cancel or reject part of the order, unless splitting them up would significantly reduce their value. In such cases, we will refund any amounts you have paid for the cancelled products and their delivery.
If the products have been delivered to you, you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us at sales@linenbay.co.uk for a return label or to arrange collection.
When You Become Responsible for the Products
The products will be your responsibility from the time we deliver them to the address you provided or when you collect them from us or our nominated courier or delivery agent.
When You Own the Products
You own the product(s) once we have received payment in full.
What Happens If You Do Not Provide the Required Information?
We may need certain information from you to supply the products. If this information is required, it will be stated in the product description on our website.
If you do not provide the required information within a reasonable timeframe, or if the information is incomplete or incorrect, we may either end the contract (see clause 12) or apply an additional charge to compensate for the extra work required.
We will not be responsible for delays or non-supply of products caused by incomplete or missing information from you.
Compensation If You Break the Contract
If we end the contract due to a situation under clause 5 or clause 6.11, we will refund any money paid for products not yet provided but may deduct or charge reasonable compensation for costs incurred due to the contract breach.
Your Rights to End the Contract
Ending the Contract Because of Something We Have Done or Will Do
If you are ending a contract for one of the reasons set out below, the contract will end immediately, and we will refund you in full for any products not yet provided (including delivery costs). You may also be entitled to compensation. The reasons include:
- We have informed you of an upcoming change to the products or these terms that you do not agree with.
- We have informed you of an error in the price or description of the product, and you do not wish to proceed.
- There is a risk that the supply of the products may be significantly delayed due to events outside our control.
- You have a legal right to end the contract due to something we have done wrong (including late delivery—see clause 6).
Exercising Your Right to Change Your Mind (Consumer Contracts Regulations 2013)
For most products purchased online, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail within these terms.
When You Do Not Have the Right to Change Your Mind
You do not have the right to change your mind for the following products:
- Products sealed for health protection or hygiene purposes if they have been unsealed after you receive them.
- Products that become mixed inseparably with other items after delivery.
How Long Do I Have to Change My Mind?
You have 14 days after the day you (or someone you nominate) receive the products, unless:
- Your products are split into several deliveries over different days. In this case, you have 14 days after the final delivery to change your mind.
- Your products are for regular delivery over a set period. In this case, you have 14 days after the first delivery to change your mind.
Ending the Contract Where We Are Not at Fault and There Is No Right to Change Your Mind
Even if we are not at fault and you do not have a right to change your mind (see clause 1), you can still contact us before the contract is completed and let us know you wish to end it. If you do this, the contract will end immediately, and we will refund any sums paid for products not provided. However, we may deduct from that refund (or, if no advance payment was made, charge you) reasonable compensation for the net costs incurred due to ending the contract.
How to End the Contract With Us (Including If You Have Changed Your Mind)
Tell Us You Want to End the Contract
To end the contract with us, please let us know by doing one of the following:
- Email. Email us at sales@linenbay.co.uk. Please provide your name, address, order details, and, where available, your phone number and email address.
- By Post. Print off the form at the end of these terms and post it to us at 49 Vectis Road, Alverstoke, Hampshire PO12 2QD. Or simply write to us at that address, including details of your purchase, when you ordered or received it, and your name and address.
Returning Products After Ending the Contract
If you end the contract for any reason after the products have been dispatched or received, you must return them to us. You must either post them back to us or, if they are not suitable for posting, allow us to collect them from you. Please email sales@linenbay.co.uk for a return label or to arrange collection.
If you are exercising your right to change your mind, you must send off the products within 14 days of notifying us.
Costs of Return
We will cover the return costs if the products are faulty or misdescribed, or if you are ending the contract because we have informed you of an upcoming change, an error in the pricing or description, a delivery delay due to events beyond our control, or if you have a legal right to do so due to our actions.
In all other circumstances (including where you are exercising your right to change your mind), you must cover the return costs.
What We Charge for Collection
If you are responsible for the return costs and we collect the product(s) from you, we will charge you the direct cost of collection, which will be notified to you at the time.
How We Will Refund You
We will refund you the price paid for the products, including (where appropriate) delivery costs, using the same payment method. However, we may make deductions from the price, as outlined below.
Deductions From Refunds
If you are exercising your right to change your mind:
- We may reduce your refund (excluding delivery costs) to reflect any reduction in the product's value caused by handling it in a way that would not be permitted in a store. If we refund you before inspecting the product and later discover unacceptable handling, you must pay an appropriate amount reflecting the loss in value.
- The maximum refund for delivery costs will be based on the least expensive delivery method offered. For example, if we offer standard delivery at one cost and express delivery at a higher cost, we will only refund the cost of the standard delivery option.
When Your Refund Will Be Made
We will process any refunds due to you as soon as possible. If you are exercising your right to change your mind and we have not offered to collect the products, your refund will be made within 14 days from the day we receive the returned product or, if earlier, when you provide evidence that you have sent the product back. Otherwise, it will be within 14 days of informing us that you have changed your mind.
If There Is a Problem With the Product
How to Tell Us About Problems
If you have any questions or complaints about the product, please contact us. You can write to us at sales@linenbay.co.uk.
Summary of Your Legal Rights
We are legally required to supply products that conform with this contract. Below is a summary of your key legal rights regarding the product. These rights have certain exceptions. For detailed information, visit the Citizens Advice website (www.citizensadvice.org.uk) or call 03454 04 05 06.
- If your products are goods, the Consumer Rights Act 2015 states they must be as described, fit for purpose, and of satisfactory quality. Your rights include:
- Up to 60 days – If the product is faulty, you can get a refund.
- Up to six months – If a faulty product cannot be repaired or replaced, you are entitled to a full refund.
- Up to six years – If the product is expected to last that long, you may be entitled to a repair or replacement. If that fails, you may get part of your money back.
Nothing in these terms affects your legal rights.
Your Obligation to Return Rejected Products
If you wish to reject products under your legal rights, you must either post them back to us or, if unsuitable for posting, allow us to collect them. We will cover the postage or collection costs when necessary.
Please email sales@linenbay.co.uk for a return label or to arrange collection.
Price and Payment
Where to Find the Price for the Product
The price (including VAT) will be indicated on the order pages when you place your order. We take reasonable care to ensure pricing accuracy. If a pricing error occurs, see clause 4 for details.
Changes in VAT Rate
If the VAT rate changes between the order date and the supply date, we will adjust the amount accordingly unless the product was already paid for in full.
Import Taxes
If you are purchasing from outside the UK or delivering products outside the UK, any applicable import taxes will be passed on to you and must be paid by you.
If We Get the Price Wrong
Despite our best efforts, a product may be incorrectly priced. We will check pricing before accepting an order:
- If the correct price is lower, you will be charged the lower amount.
- If the correct price is higher, we will contact you for instructions before processing your order.
- If an obvious pricing error occurs, and it could reasonably be recognized as such, we may end the contract, refund payments, and require the return of the products.
Payment Methods
We accept payment by [PayPal, Visa, Visa Debit, Mastercard, and Maestro]. You must pay for the products before dispatch.
Late Payment Interest Charges
If payment is overdue, we may charge 2% interest per year above the base rate of the Bank of England. Interest accrues daily from the due date until payment is made.
What to Do If You Think an Invoice Is Wrong
If you believe an invoice is incorrect, please contact us promptly to let us know. We will not charge you interest until the issue has been resolved.
Our Responsibility for Loss or Damage Suffered by You
We Are Responsible for Foreseeable Loss and Damage Caused by Us
If we fail to comply with these terms, we are responsible for any loss or damage you suffer that is a foreseeable result of breaking this contract or failing to use reasonable care and skill. However, we are not responsible for loss or damage that is not foreseeable.
Loss or damage is foreseeable if:
- It is obvious that it will happen.
- At the time the contract was made, both you and we knew it might happen—for example, if discussed during the sales process.
We Do Not Exclude or Limit Our Liability Where It Would Be Unlawful
This includes liability for:
- Death or personal injury caused by our negligence or that of our employees, agents, or subcontractors.
- Fraud or fraudulent misrepresentation.
- Breach of your legal rights regarding the products (see clause 2).
- Defective products under the Consumer Protection Act 1987.
We Are Not Liable for Business Losses
We only supply products for domestic and private use. If products are used for commercial, business, or resale purposes, we will not be liable for loss of profit, business interruption, or business opportunity.
How We May Use Your Personal Information
We will use the personal information you provide in accordance with our Privacy Policy, available on our website, and:
- To supply the products to you.
- To process payment for the products.
- If agreed during the order process, to send you information about similar products, but you can opt out at any time.
Sharing Personal Information
We only provide personal information to third parties when required or permitted by law.
Other Important Terms
Transfer of This Agreement
We may transfer our rights and obligations under these terms to another organization. If this happens, we will notify you in writing, ensuring your rights under the contract are not affected.
You Need Our Consent to Transfer Your Rights
You may not transfer your rights or obligations under these terms to another person without our written agreement.
Nobody Else Has Rights Under This Contract
This contract is between you and us. No other person can enforce its terms.
If a Court Finds Part of This Contract Illegal
Each paragraph operates separately. If any are found unlawful, the remaining sections will remain fully in force.
Delays in Enforcing This Contract
If we delay enforcing the contract (for example, if you miss a payment and we do not immediately chase it), it does not mean you do not have to comply. We can still enforce it later.
Applicable Law and Legal Proceedings
- These terms are governed by English law.
- You can bring proceedings in the English courts.
- If you live in Scotland, you may use Scottish or English courts.
- If you live in Northern Ireland, you may use Northern Irish or English courts.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To: Linen Bay Ltd
49 Vectis Road, Alverstoke, Hampshire PO12 2QD
Email: sales@linenbay.co.uk
I/We [] hereby give notice that I/We [] cancel my/our [] contract of sale for the following products [],
Ordered on [] / Received on []
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s): (only if this form is notified on paper)
Date:
[*] Delete as appropriate