TERMS OF BUSINESS

These terms represent our formal position on all distance sales.  Please read them carefully before placing any order.

1. Definitions
• In these Terms of Business the following expressions shall have the following meanings save where the context otherwise requires:
• “BKARM” means BKARM Limited of 271 Telegraph Road, Heswall, Wirral CH60 6RN.
• "Details" the details which You must provide upon ordering Goods including physical address, email address, age, bank account and credit, debit or charge card details.
• "Fee" means the fee shown for the provision of the Goods exclusive of value added tax or equivalent or similar sales tax (which where applicable shall be payable by You at the rate for the time being in force in the United Kingdom or the country which levies such tax
• "Goods" any item produced and supplied by BKARM pursuant to these Terms.
• "Sale" a sale effected via any of BKARM’s websites or physical order forms.
• "Terms" means these terms and conditions between BKARM and You.
• "Website" means BKARM’s website(s)
• “Working Days” means Monday to Friday 9am to 5pm excluding bank, public and statutory holidays.
• “You” means the person who enters Details.
• The clause headings and any other headings are inserted for convenience only and shall not affect the construction of these Terms.
2. Use of Order Forms
• In seeking to purchase Goods via any of BKARM’s Websites or via a physical order form You must provide accurate Details.
• You hereby warrant to BKARM that You are at least eighteen years of age and legally able to enter into contracts for the Goods.
• BKARM reserves the right to withdraw any Goods without prior notice and to refuse any orders for Goods made by You.
• BKARM may send a small file to Your computer when You visit the Website(s).  This "cookie" will enable BKARM to track Your behaviour on the Website and to identify particular areas of interest so as to enhance Your future visits to the Website. The cookie will not enable BKARM to identify You and BKARM shall not use it otherwise than in relation to this Website.  You can set your computer browser to reject cookies but this may preclude use of certain parts of the Website(s). BKARM will not use Your data for any other purposes than as set out in these Terms except that BKARM may disclose this data if compelled to do so by law, or at the request of a law enforcement agency or governmental authority.
• If You do not want BKARM to use Your email address to send information concerning the Website(s) and related matters, You may stop future mailings by using a supplied “unsubscribe” link.
3. Orders
• All orders You place for Goods are subject to availability and it is Your responsibility to ensure that Your order is correct.
• Orders for Goods will only be taken for delivery of Goods to such countries as indicated on the Order Form.
• Any representations of the Goods shown are provided for the purposes of guidance only.
• You are responsible for the payment of any local taxes due upon delivery and/or import of Goods to You by BKARM and You indemnify and will keep indemnified BKARM against any claim for such payments and/or taxes.
• All orders will despatched within 2 (two) working days of payment being authorised when goods are in stock. You will be notified by email when your goods have been despatched.
• All orders will be despatched within 10 (ten) working days if stock needs to be replenished. You will be notified via email if further delay may be experienced.
4. Payment
• You agree to pay the Fee at the time You place Your order.
• Once You have confirmed Your order [on the secure payment screen or by posting a physical order form] it cannot be cancelled or changed except in accordance with clause of these Terms.
• In the event that Your chosen method of payment is refused by Your card issuer or Bank for whatever reason, BKARM will invoice You for the Goods ordered and You agree to pay that invoice within 5 Working Days of the invoice date. If BKARM does not receive payment in full within 14 days of the date of the invoice referred to in clause , it may refuse to deliver the Goods and/or terminate these terms and conditions without further obligation to You.
• BKARM will either email an invoice to You and/or enclose it with Goods it delivers to You and, in either case, the invoice will show the Goods ordered and amount paid
• Non-delivery by any third party shall not give You any right to delay payment to BKARM or to make any claim whatsoever against BKARM
5. Risk and Title
• Risk in the Goods shall pass to You upon payment of the Fee or, if earlier, upon delivery of the same to You. Title to the Goods shall pass to You only upon payment in full (in cash or cleared funds) of the Fee and You shall hold the Goods as bailee for BKARM until BKARM has received payment in full of all Fees outstanding to it from You.
• If any of the Goods are destroyed damaged or lost from any cause (other than the fault or negligence of BKARM), BKARM may replace those Goods but shall be entitled to charge you for the replacement of them.
6. Cancellation of Orders and Returns
• In accordance with European legislation You have the right to cancel a purchase of Goods made at any time after you have placed the order until the date eight Working Days after the day you receive the Goods
• When clearly specified on the order form You will have the right to assess goods for an extended period.  This period will be clearly specified on the order form.  If You decide to return the goods and cancel Your order then You must return the goods within the specified period. BKARM will not accept a cancellation without return of goods that exceeds any extended period.
• If You decide to cancel a purchase You must notify BKARM by telephone to 44-(0)870-760-6492 or email to support@bkarm.com and if You have received physical Goods, You must return them to BKARM by a secure method enclosing a copy of the invoice. If You have received digitised copies of the Goods, You must send BKARM an email to the address above and include in it the following wording "We hereby undertake immediately to delete all copies of the Goods from any systems under our control and not to make any use thereof or authorise such use by any third party”.
• Upon cancellation of an order BKARM will refund the full purchase price of the goods within 30 days of You notifying BKARM of cancellation and return of goods. You are responsible for the cost of returning the Goods to BKARM upon cancellation of an order. If You do not return the Goods cancelled to BKARM it may decline to refund your money.
• If any of the Goods You receive are corrupted, defective or do not match the order placed, You should immediately contact BKARM to discuss a remedy.  BKARM may require You return the goods by any secure method enclosing a copy of the invoice and stating the nature of the corruption, defect or mistake and if it is satisfied that the Goods are corrupt, defective or do not match the order You placed, BKARM will replace such Goods or refund of the Fee [and the cost of returning those Goods.] This does not apply to Goods damaged in transit for which please refer to clause 7.
• BKARM’s sole liability to the Client for Goods which are corrupt, defective or which do not match the Client’s order shall be limited to replacement of those Goods or refund of the Fee [and delivery charges].
7. Warranty and Limitation of Liability
• BKARM warrants that Goods purchased will be of satisfactory quality and fit for the purpose for which they are supplied.
• BKARM shall not be liable to any person for any loss or damage arising from the use of any Goods or information presented on any of the websites or physical documents.
• BKARM shall not in any event be liable (whether in contract or otherwise) for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time, failure to make anticipated savings or liability You may incur to any third party arising in any way in connection with these Terms or otherwise whether or not such loss has been discussed by BKARM and You pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
• BKARM’s aggregate liability in respect of these Terms and any matter arising out of it (including claims whether made in contract or tort) shall be limited to a sum equal to twice the Fee excluding VAT or such equivalent or similar sales tax as is applicable to the sale.
• BKARM shall not be liable for any loss or damage of any nature caused by or arising from errors in or material omissions from the Goods.
• Subject as expressly provided in these Terms all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
• Nothing in this clause shall operate so as to exclude BKARM’s liability for death or personal injury arising out of its negligence.
• Each foregoing sub-clause of this clause shall constitute a separate and severable provision. The provisions of this clause shall continue in effect notwithstanding the termination, completion or any other matter which might otherwise cause these Terms to become ineffective.
8. Miscellaneous
• These Terms shall form the entire agreement between the parties and supersede any previous agreement and (save so far as expressly preserved hereby) representations oral or otherwise made by either of the parties. You warrant that You have not relied on any representation made by BKARM in entering into this agreement.
• Failure by either party at any time to enforce any right claim or provision of these Terms or arising hereunder shall not be construed as a waiver of such right, claim or provision.
• All notices to BKARM shall be given by You in writing to the address shown above. All notices to You shall be given in writing to Your email address or to the address You have given for delivery of Goods. All notices may be served by personal delivery or first class post. Any notice given by post shall be deemed to be received by the party to whom it was given 48 hours after posting (excluding Saturday, Sundays and UK bank and public holidays). Notices given by email shall be deemed to have been given 1 hour after transmission thereof.
• These Terms and Your agreement with BKARM shall be governed and construed in accordance with English Law. You irrevocably agree for the exclusive benefit of BKARM to submit any dispute hereunder to the jurisdiction of the courts of England but nothing herein shall prevent BKARM from taking proceedings against You in any other court of competent jurisdiction.

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Privacy policy

Below we set out our privacy policy which will govern the way in which we process any personal information that you provide to us.  [We will notify you if the way in which we process your information is to change at any time]. Our details are:

BKARM Limited, 271 Telegraph Road, Heswall, Wirral, CH60 6RN

Tel. 44-(0)870-760-6492

e-mail: support@bkarm.com

Who may process data

Your personal information (which includes your name, address and any other details you provide to us which concern you as an individual) may be processed by us and by other companies within our group. Each of the companies authorised to process your information as mentioned above will do so in accordance with this privacy policy.

Purpose of processing

We will use your information for the purpose of fulfilling your instructions to us, fulfilling orders placed by you, processing any other transactions authorised or made by you with us, informing you of special offers and providing other marketing information to you which we think you may find of interest, undertaking product or customer research/development.

Disclosure of information

In the unlikely event that a liquidator, administrator or receiver is appointed over us or all or any part of our assets that insolvency practitioner may transfer your information to a third party purchaser of the business provided that purchaser undertakes to use your information for the same purposes as set out in this policy. Your information will not be disclosed to government or local authorities or other government institutions save as required by law or other binding regulations.

Cookies

We do not use cookies to collect or store personal data about you. We may use cookies to store non-personal data about your use of our website(s).  This never represents a security risk to your computer.  If you have cookies disabled on your computer you may experience problems in using parts of our website(s).

Security measures

We have implemented security policies, rules and technical measures to protect the personal data that we have under our control from unauthorised access, improper use and disclosure, unauthorised destruction or accidental loss.

Access to information

You may ask us whether we are storing personal information about you by e-mailing us at myinfo@bkarm.co.uk and, if you wish [and upon payment of a fee of £10], we will provide you with a copy of the personal data we hold about you by e-mail.  We may ask for proof of your identity before providing any information and reserve the right to refuse to provide information requested if identity is not established.

Copyright

All website design, text, graphics, the selection and arrangement thereof are Copyright © 2003, BKARM Limited, ALL RIGHTS RESERVED.

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Disclaimer of Warranty and Liability

The following provisions may be curtailed or disallowed by the laws of the country in which the person accessing this website is situated. In such case, the terms hereof are to be read as excluding or limiting such term so as to satisfy such jurisdiction.

We do not represent or warrant that the information accessible via this website is accurate, complete or current. We have no liability whatsoever in respect of any use which you make of such information.

The information provided on this website has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself prior to ordering any products or services from us that they are suitable for your purposes.

Whilst we make all reasonable attempts to exclude viruses from the website, we cannot ensure such exclusion and no liability is accepted for viruses. Thus, you are recommended to take all appropriate safeguards before downloading information or images from this website.

All warranties, express or implied, statutory or otherwise are hereby excluded.

Neither we nor any of our employees or affiliated entities will be liable for any kind of damages and howsoever arising including, without limitation, loss of profits, compensatory, consequential, direct, exemplary, incidental, indirect, punitive or special, damages or any liability which you may have to a third party, even if we have been advised of the possibility of such loss.

We are not responsible for the direct or indirect consequences of you linking to any other website from this website.

This website is intended for use by those over the age of 18 years. No one under that age should carry out any activity whatsoever based on the information on this website. If you are under the age of 18 years please leave the site immediately.

These terms and this disclaimer and any claim based on use of information from this website shall be governed by the laws of England and Wales and for our benefit you agree to submit to the non-exclusive jurisdiction of the Courts of England.

Consent and inquiries

In order to access and transact on this website, you will be asked to signal your acceptance of the terms and disclaimer set out above at appropriate points in this site.  If you do not accept any of these terms, you should respectfully leave the website.

If you have any inquiry or concern about our privacy policy or the way in which we are handling personal data please contact support@bkarm.com. If at any time you wish us to cease processing your information please send a message to support@bkarm.com and insert “unsubscribe” as the subject heading.

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