Bunja Terms and Conditions of Sale
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.bunja.com (our website) to you. Please read these terms and conditions carefully before ordering any Products from our website. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference. You can do so by clicking on the FILE button in the menu bar at the top of this page and selecting PRINT.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. If you refuse to accept these terms and conditions, you will not be able to order any Products from our website.
1 Information About Us
- 1.1 www.bunja.com is a website operated by Crocodile Clips Ltd (we). We are a company incorporated and registered in Scotland under company number 167331 and with our registered office at 43 Queensferry Street Lane, Edinburgh, EH2 4PF.
- Our main trading address is 43 Queensferry Street Lane, Edinburgh, EH2 4PF.
- Our VAT number is GB 658 4999 59.
- Our WEEE Producer Registration Number is WEE/FK0428XS.
2 Service Availability
- 2.1 Our website is only intended for use by people resident in the European Union. We do not accept orders from individuals outside those countries.
3 Your Status
- 3.1 By placing an order through our website, you are confirming that:
- 3.1.1 You are legally capable of entering into binding contracts; and
- 3.1.2 You are at least 18 years old;
- 3.1.3 You are resident in a country of the European Union; and
- 3.1.4 You are accessing our website from that country.
4 How the contract is formed between you and us
- 4.1 Orders on our website are placed through a third-party online payments service.
- 4.1 After placing an order, you will receive an e-mail from the payment service acknowledging that we have received your order. This does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. We will confirm such acceptance to you by sending you an e-mail via the online payments service that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
- 4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5 Our Status
- 5.1 In some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
- 5.2 We may also provide links on our website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our website, or from companies to whose website we have provided a link on our website, will be of satisfactory quality or fit for purpose, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
6 Products
- 6.1 We have made all reasonable efforts to ensure that the colours of the Products are accurately displayed. However, the colours that you see will depend on your computer system and we cannot guarantee that your computer system's display of any colour will be accurate.
- 6.2 You agree to use the Products in accordance with the instructions accompanying them and any additional directions regarding use of the Products as may appear on our website from time to time. Such instructions and directions shall be incorporated into these terms and conditions.
- 6.3 We reserve the right to discontinue supplies of Products at any time and exclude all liability in respect of any claim arising from you or any third party caused directly or indirectly by such discontinuance.
7 Customer Rights
- 7.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven (7) working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in paragraph 12 below).
- 7.2 To cancel a Contract, you must inform us in writing and return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk.
8 Availability
- 8.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within thirty (30) days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
9 Risk
- 9.1 The Products will be at your risk from the time of delivery. Insurance on the goods once delivered shall be your responsibility and at your expense.
10 Title
- 10.1 Ownership of the Products will only pass to you when we receive by way of cleared funds full payment of all sums due in respect of the Products, including delivery charges.
11 Price and Payment
- 11.1 All prices and delivery costs displayed on our website are quoted in pounds Sterling. The price of any Products will be as quoted on our website from time to time, except in cases of obvious error.
- 11.2 These prices include VAT unless stated otherwise. Delivery costs will be added to the total amount due.
- 11.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
- 11.4 It is always possible that, despite our best efforts, some of the Products listed on our website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
- 11.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
- 11.6 Payment for all Products purchased by individuals must be made through the third-party online payments service, by credit or debit card. Your credit or debit card will not be charged until we despatch your order.
- 11.7 Payment for all Products purchased by schools and other educational establishments must be made through Crocodile Clips by submitting the relevant order form. Payment terms are 30 days.
- 11.8 If you order Products from our website for delivery outside the UK, they 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. We have no control over these charges and cannot predict their amount. If you are in any doubt, contact your local customs office for further information before placing your order.
- 11.9 If you fail to take delivery of the Products or to give adequate forwarding instructions to enable the Products to be delivered, we will notify you by e-mail and should delivery not subsequently be possible will refund to you the price paid (but not the delivery costs) for the Products.
- 11.10 We will take all reasonable care to keep your order and payment details secure, but purchases from our website are at your own risk.
12 Refunds
- 12.1 When you return a Product to us (for instance, because you have cancelled the Contract between us, or have notified us in accordance with paragraph 22 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within thirty (30) days of the day we received your cancellation or the day we confirmed to you that you were entitled to a refund for the defective Product.
- 12.2 Subject to paragraph 7, if you receive damaged or defective Products, you should inform us as soon as possible and, in any event within twenty-eight (28) days of delivery of the Products. If you do not notify us within twenty-eight (28) days of delivery, you shall be deemed to have accepted the Products and shall not be entitled to reject then and we shall have no liability for such damage or defect. subject to your compliance with this paragraph 12.2, Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
- 12.3 Products returned by you within the seven (7) day cooling-off period (see paragraph 7.1 above) will be refunded in full, including the cost of sending the item to You. However, you will be responsible for the cost of returning the item to us.
13 Our Liability
- 13.1 Any Product purchased by you from us through our website shall be of satisfactory quality.
- 13.2 Our liability in connection with any Product purchased through our website is strictly limited to the purchase price of that Product.
- 13.3 This does not include or limit in any way our liability:
- 13.3.1 for death or personal injury caused by our negligence;
- 13.3.2 under section 2(3) of the Consumer Protection Act 1987;
- 13.3.3 for fraud or fraudulent misrepresentation; or
- 13.3.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- 13.4 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect, special or consequential loss or damage of any kind however arising and whether caused by delict (including negligence), breach of contract or otherwise, even if foreseeable.
14 Compliance
- 14.1 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
15 Written Communications
- 15.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
16 Notices
- 16.1 All notices given by you to us must be given to Crocodile Clips Ltd at 43 Queensferry Street Lane, Edinburgh, EH2 4PF or bunja@crocodile-clips.com. We may give notice to you directly (or indirectly via the online payments service) at either the e-mail or postal address you provide to us or to the online payments service when placing an order, or in any of the ways specified in paragraph 15. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three (3) days after the date of posting of any letter.
- 16.2 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
17 Assignation
- 17.1 The Contract between you and us is binding on you and us and on our respective successors and assignees.
- 17.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- 17.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
18 Events Outside Our Control
- 18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
- 18.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- 18.2.1 strikes, lock-outs or other industrial action;
- 18.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- 18.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- 18.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- 18.2.5 Impossibility of the use of public or private telecommunications networks;
- 18.2.6 strikes, lock-outs or other industrial disputes; and
- 18.2.7 the acts, decrees, legislation, regulations or restrictions of any government.
- 18.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
19 Waiver
- 19.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- 19.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
- 19.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 16 above.
20 Severability
- 20.1 If any provision of these terms and conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these terms and conditions which shall remain in full force and effect.
- 20.2 If any provision of these terms and conditions is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid.
21 Entire Agreement
- 21.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- 21.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
- 21.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
22 Variation
- 22.1 We have the right to revise and amend these terms and conditions from time to time.
- 22.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven (7) working days of receipt by you of the Products).
23 Governing Law and Jurisdiction
- 23.1 Contracts for the purchase of Products through our website will be governed by Scots law.
- 23.2 Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the Scottish courts.
If you have any questions concerning the terms and conditions please contact us at:
Crocodile Clips Ltd
43 Queensferry Street Lane
Edinburgh EH2 4PF
Scotland, UK
Phone: +44 (0) 131 226 1511
Fax: +44 (0) 131 226 1522
E-mail: bunja@crocodile-clips.com
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