1.1. In these Conditions, the following definitions shall apply:
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Conditions: the terms and conditions set out in this document as amended from time to time in accordance with clause 14.
Contract: the contract between Bespoke-OEM and the Customer for the sale and purchase of the Goods in accordance with these Conditions.
Customer: the person or firm who purchases the Goods from Bespoke-OEM.
Delivery Location: has the meaning given in clause 6.5.
Force Major Event: has the meaning given in clause 13.
Goods: the goods (or any part of them) set out in the Order.
Bespoke-OEM: Bespoke-OEM Limited (registered in England and Wales with company number 07946757 with registered office address at Unit 13 Neptune Business Centre, Teweksbury Road, Cheltenham, GL51 9FB.
Order: the Customer's order for the Goods submitted by the Customer online via the Website.
Specification: any specification for the Goods, including any related plans and drawings that are agreed by the Customer and Bespoke-OEM.
Website: means the website accessible at BespokeOEM.com.
1.2. In these Conditions, the following rules apply:
1.2.1. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.2.2. A reference to a party includes its personal representatives, successors or permitted assigns.
1.2.3. Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
1.2.4. A reference to writing or written includes e-mails.
2. The Contract
2.1. The Order you place via the Website constitutes an offer to purchase the Goods in accordance with these Conditions. You are responsible for ensuring that the terms of the Order and any Specification submitted by you are complete and accurate.
2.2. The Order shall only be deemed accepted by Bespoke-OEM when you have paid for the goods, monies received by Bespoke-OEM and the goods have been dispatched. Any email, order confirmation or other electronic acknowledgement by us of receipt of an order does not constitute legal acceptance by Bespoke-OEM of your order.
2.3. All Orders placed via the Website are subject to stock availability and to the validation checks described in section 10 below. In the unlikely event that you are able to place an Order for an item that is not available from stock, Bespoke-OEM will contact you as soon as possible. You will have the option to wait until the items are available from stock or to cancel your Order. In these circumstances, upon cancellation, you will be refunded in full.
2.4. Bespoke-OEM only accepts Orders originating from and for delivery to UK addresses.
2.5. The only language in which the Contract can be concluded is English.
2.6. Bespoke-OEM will retain details of your Order in our database and these details can be made available to you on request. Please contact our Customer Service team.
2.7. Where the Customer has been directed to the Website as a result of a third party site, these sites are independent from Bespoke-OEM and Bespoke-OEM is not responsible or liable for such sites. Customers should consult the terms and conditions of the site in question for more information.
3. Product Information
3.1. Products are described on the Website or in the Specification.
3.2. Bespoke-OEM reserves the right to amend the product description if required.
3.3. Representations of colour online are as accurate as our photographic and electronic processes will allow. Please note that colour online can also be affected by the calibrations of different output devices.
3.4. All weights and sizes are supplied as a guide only and are approximate.
3.5. Guided Sales, Buyers Guides and all other advice articles have been produced by Bespoke-OEM to help you in your purchasing decisions and to give guidance. These articles are provided for general information, but if you are in any doubt, you should seek help from an appropriate professional. Bespoke-OEM accepts no liability for any loss, damage or injury arising as a result of the advice contained on our website.
3.6. In the event that there are any errors regarding price or description, we reserve the right to correct that price or description and notify you accordingly. In these circumstances, it will be deemed that a contract has not been entered into and you will not be bound to continue with your purchase. You will be given the option to proceed with this revised Order at the correct price or description, or to cancel the Order. Upon cancellation, your credit or debit card will be refunded in full. The repayment of such monies paid to us will be the extent of our liability to you in the event of these errors.
4. Price Information
4.1. The price of the Goods is the price set out on the Website. All prices are shown in Pounds Sterling.
4.1.1. Our currency converter is for price reference only for the local curancy. Please note all payment is taken under Pounds Sterling (GBP)
4.2. The price of the Goods is exclusive of the costs and charges of packaging, insurance and transport of the Goods, which shall be invoiced to you separately.
4.3. Special Offers and promotions advertised in the press or other media may be excluded from the site unless specifically advertised as available online. All offers are subject to availability and while stocks last. This includes all offers advertised via official Bespoke-OEM social media channels.
4.4. Offers cannot be used in conjunction with one another. Where more than one offer is available on the same product only one discount will apply. The offer giving the greatest saving will be applied in the basket. Equally, voucher code offers cannot be used in conjunction with any other promotional offer.
5. Payment/ Currencies Information
5.1. BespokeOEM.com accepts payment by most major credit or debit cards registered at UK addresses, or by Paypal registered to UK addresses and Cash. We regret that we are unable to accept payment online by cheque, Purchase Orders or any other form of payment.
5.1.1. All credit/ debit card payments is processed by our secured payment supplier; WorldPage. Accepting: Visa Credit, Visa Debit, Mastercard Credit, Mastercard Debit, Visa Electron, Maestro, JCB and AMEX.
5.1.2. We also accept payment via Paypal for users with existing Paypal accounts.
5.2. Please ensure that the expiry date of your credit or debit card is after the anticipated despatch date of your Order. Payment will be debited from your account just before the despatch of your goods, and if your payment card has expired, we will be unable to take payment and fulfil your Order.
5.3. Bespoke-OEM will endeavour to process any payments at the time of dispatch. On the rare occasion that this process is not successful, we will re-process accordingly. We will not inform you if this delay occurs. Bespoke-OEM are not liable for any bank charges that may be incurred by the Customer if sufficient funds are not available at the time when payment is taken.
5.4. All credit and debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
5.5. In addition, to prevent fraudulent use of credit and debit cards, Bespoke-OEM will validate the names, addresses and other information supplied during the Order process against commercially available records (e.g. Electoral Roll data, Credit Reference Services). A third party may also be instructed to complete these checks. By ordering from the Website you consent to such checks being made. We may need to contact you by letter, telephone or email to verify details before we are able to process and dispatch your Order or we may be unable to accept your Order. Any information given may be disclosed to a registered Credit Reference Agency which may keep a record of the information. All information provided will be treated in accordance with the Data Protection Act 1998.
5.6. All payment is processed in GBP currencies. Our online currency converter is for reference only, and user should accept that all orders will be only processed in GBP.
6. Delivery of Goods
6.1. Bespoke-OEM can only deliver to addresses within the United Kingdom. Unfortunately, we are unable to deliver to non-UK destinations, including the Republic of Ireland, the Channel Islands and BFPO addresses at this time. Please contact us if you require further details.
6.2. For deliveries to non-mainland UK addresses and certain remote locations e.g. Scottish Isles, Isle of Man, Isle of Wight, Northern Ireland and the Scottish Highlands, there may be an additional surcharge imposed by our couriers and a slightly longer delivery lead-time.
6.3. The delivery charge for each item is listed on the product detail page. When you add products to your shopping basket and have chosen the delivery option the appropriate charge will be added automatically. All delivery charges will be shown clearly throughout the checkout process. For more information about delivery charges and lead times, click here.
6.4. Any dates quoted for delivery are approximate only and Bespoke-OEM cannot be held liable for any costs incurred if delivery is delayed.
6.4.1. However, in the event that delivery is delayed for next day/ named day deliveries, Bespoke-OEM liability will be limited to a refund of the additional surcharge paid.
6.4.2. Please be aware that Royal Mail First Class postal service can take up to 7 days. This is under the terms of Royal Mail and is out of Bespoke-OEM control.
6.5. Bespoke-OEM shall deliver the Goods to the location set out in the Order or such other location as the parties may agree at any time after Bespoke-OEM notifies the Customer that the Goods are ready.
6.6. Delivery of the Goods shall be completed on the Good's arrival at the Delivery Location.
6.7. Bespoke-OEM may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
6.8. Risk in the Goods (including risk of loss and damage to goods) will pass to you on completion of delivery.
6.9. If the courier fails to deliver the Goods, they will either attempt to deliver to an immediate neighbour, attempt to redeliver the following day, leave a card for you to rearrange a suitable time for redelivery or leave the parcel at your local Post Office/ courrier for you to collect.
6.10. Bespoke-OEM shall have no liability for any delay in delivery of the Goods, or failure to deliver the Goods, where the delay or failure is caused either by a Force Majeure Event or the Customer's failure to provide Bespoke-OEM with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
7. Refunds and Returns
7.1. If you do not want any item that we have delivered, we are happy to offer you an exchange or refund within 28 days of delivery, provided that it is returned to us in its original and unused condition (including in its original packaging), along with the wrapping and delivery note (as proof of purchase). If you decide to return an item you can do so for free at our showroom address. If you choose to return an item by post you will need to cover the cost of postage however if you are returning a faulty item your postage cost will be at the customers cost.
7.2. Stock items can only be exchanged if faulty or if returned unused with the original seal and wrapping intact. Personalised products and made-to-order products cannot be returned unless faulty.
7.3. If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the Goods to the Supplier at your own cost. The goods must be returned unopened and you must take reasonable care to ensure the Goods are not damaged in the meantime or in transit.
7.4. You may send returns back to us via which ever method you choose, however we do recommend using a trackable service and obtaining proof of postage. When sending returns back to us please make sure they are securely packaged, as Bespoke-OEM cannot be responsible for lost or damaged returns. If you would like Bespoke-OEM to collect the goods, there will be a charge of minimum £20.00 for this service (Please note collection rates varies due to parcel size)
7.5. We will endeavour to process refunds as soon as possible, but will refund the account within 30 days
7.6. Under the Distance Selling Regulations, you have the right to cancel your Order any time before dispatch, or within seven days of receiving your goods. If you cancel after dispatch of Goods, Bespoke-OEM will attempt to stop the item in transit, but if the Goods are delivered, you will still be entitled to a full refund. Please contact our Customer Services Team if you wish to exercise this right.
7.7. For information on how to return an item, please click here.
7.8. You can contact Bespoke-OEM Customer Services for further information. This does not affect your statutory rights.
8. After-sales Service and Guarantees
8.1. Where applicable, details of manufacturers' guarantees or service arrangements will be provided with the product.
8.2. This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Suppliers instructions, or any alteration or repair carried out without the Supplier's approval.
8.3. All warranties are non-transferable and only apply for the original Customer.
8.4. If you have any further queries once you have spoken to your local store, please don't hesitate to contact us.
9. Complaints and Queries
9.1.If you are not happy with any aspect of our online service, discover a fault with our website, or if you have any queries or comments relating to an order placed online, please contact usand we will do everything we can to help you.
9.2. Your access to BespokeOEM.com may occasionally be restricted to allow for the introduction of new products or features, site development, maintenance or repairs. We will attempt to restore the service as soon as we reasonably can.
10. Safe Shopping Guarantee
10.1. We have used every effort to ensure that shopping on the Internet with Bespoke-OEM is as safe as purchasing by card in a regular store. Our secure server software encrypts all of your personal information sent over the Internet. In processing your Order, your information may have to be sent over the Internet more than once. At no point is your Order information sent in this way without encryption.
11. Company Registration
BespokeOEM registered head office address:
Unit 13 Neptune Business Centre
Registered in England and Wales. Company Number 07946757
UK VAT Registration Number GB188086270
12.1. Nothing in these Conditions shall limit or exclude Bespoke-OEM ' liability for:
12.1.1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
12.1.2. fraud or fraudulent misrepresentation;
12.1.3. breach of the terms implied by Section 12 of the Sale of Goods Act 1979;
12.1.4. defective products under the Consumer Protection Act 1987;
12.1.5. any matter in respect of which it would be unlawful for Bespoke-OEM to exclude or restrict liability.
12.2. Subject to clause 12.1:
12.2.1. Bespoke-OEM shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
12.2.2. Bespoke-OEM total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the monies paid by the Customer to Bespoke-OEM.
12.3 The majority of card issuers cover all the charges that may result from unauthorised use of your credit card or debit card, but some may limit your liability to £50. If you believe your credit or debit card has been subject to unauthorised use you should contact your card issuer without delay.
13. Force Major
Neither party shall be liable for any failure or delay in performing its obligations under the Contract where such failure or delay is caused by a Force Major Event. A Force Major Event means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, riot, fires, floods, storms, earthquakes, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
Bespoke-OEM reserve the right to change these Terms and Conditions at any time, without notice. Any changes will take effect when posted on this Website. By using this Website you agree to be bound by these Terms and Conditions.
15. Assignment and subcontracting
15.1. Bespoke-OEM may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
15.2. The Customer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of the Bespoke-OEM.
16.1. Any notice or other communication given to the Customer under or in connection with the Contract shall be in writing, addressed to the Customer at the address that the Customer has specified to Bespoke-OEM in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post, recorded delivery, commercial courier, fax or e-mail.
16.2. A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 6.5; if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or e-mail, one Business Day after transmission.
16.3. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
19. Third party rights
A person who is not a party to the Contract shall not have any rights under or in connection with it.
20. Governing law and jurisdiction
The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.