By entering into a business agreement with Bag and Bones Ltd (the seller) you (the buyer) agree to comply with and be bound by the following terms and conditions of sale.
From here on ‘you’ refers to the customer / buyer and ‘us’/’we’/'our' / the seller refers to Bag and Bones Ltd registered at 231 The Vale, London, W3 7QS.
- PRICING AND TERMS
Quotes are valid for the goods specified within and for 30 days from date of quotation. Any alterations may incur a cost increase, which will be reflected in a new quote. Please bear in mind that all quotes made are made subject to the terms and conditions of sale. Any order placed is placed subject to the terms and conditions set out here.
The price payable for the goods you order and their delivery is as set out in the order. We reserve the right to change the prices shown at any time and we will contact you before the order is confirmed in the event of an alteration being made. An amount equal to the appropriate taxes will be added to the invoice where there is a legal obligation to collect such taxes. Customers will pay this amount in full to us unless they provide us with a valid tax exemption certificate authorised by the appropriate taxing authority e.g. if an EU member state client is VAT registered in their state and therefore is exempt from UK VAT.
1.3 Promotional Codes & Discounts
Promotional and discount codes entitle you, at the time of ordering, to a saving equivalent to the discount advertised at the time. We reserve the right to decline orders where we deem a promotional or discount code is invalid for the order being placed. Promotional and discount codes cannot be used in conjunction with any other offers, promotions or discounts (including automatically-applied discounts). Offers are not valid on charity and sale items or other discounted products. Promotional and discount codes have no monetary value and cannot be exchanged for cash.
In the event of part of the order being returned, the value of the discount applied on that order will be spread between the goods proportionately. The promotional discount will not be applied to exchange items, if the offer is still valid at the time of making a return. Instead, please place a new order using the original promotional code.
Sitewide discounts advertised on bagandbones.co.uk cannot be applied to Customised LED neon lighting products sold on bagandbones.com and items already on sale.
Promotional codes and discounts disclaimer
All Bag and Bones Ltd promotions, offers and discounts are available for a limited time only and are subject to change without notice.
1.3.1 Sample Sale Items
Sample Sale items do not qualify for free UK shipping under any circumstances. We are also unable to part-refund shipping costs if you place two separate orders.
Discount codes are not applicable to orders including Sample Sale items.
UK delivery for Sample Sale items is 7-10 working days from the point of ordering, and longer for international orders.
1.3.2 Mispriced Goods, Misplaced Decimal Places or Otherwise
If, by genuine mistake, we have under priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we despatch the item. In those circumstances, we will notify the correct price to you so you can decide whether or not you wish to order the item at that price.
1.4 Loss of Earnings
We cannot, and will not, be held responsible for any loss of earnings, real or projected, as a result of an order being lost, arriving late, or not being as expected.
- ORDERING CUSTOMISED LIGHTS VIA THE ONLINE CUSTOMISER TOOL
You will receive a sketch of your design with the confirmed size and acrylic backing style within two working days of making your online payment.
You will acknowledge that the cost of your light when placing an order via the online customiser reflects the smallest size at which we can create your light. Due to certain sizing restrictions we face when working with LED neon tubing, the ‘smallest size’ is often larger than most expect.
All orders will be set out in a sketch which must be approved for an order to proceed to the production phase. Responsibility for the sign-off of this sketch lies solely with the customer: mistakes cannot and will not be replaced once your order has entered the production process. Every new sketch supersedes all other previous sketches unless otherwise stated.
2.2 Pricing & Terms
We must receive payment in full for the goods ordered before the order can be processed. By placing an order, you agree to pay pro-forma for the ordered goods. Our acceptance of your order brings into existence a legally binding contract between us and you. Customers are reminded that they should satisfy themselves that the products they are ordering are suitable for their requirements before placing an order. No responsibility is placed with Bag and Bones Ltd for the decision to order.
Any changes to the design may result in an increased cost, to be invoiced separately. If your change results in a lower cost reflected on the Online Customiser tool, we reserve the right to keep the cost the same from your point of purchase. Each revision you make to your design involves a level of labour and cost. We reserve the right to modify the price at any time. We will always make you aware of any such changes.
At any given point we reserve the right to reroute your request from the Online Customiser tool to our 1:1 premium service if deemed necessary. This includes but is not limited to detailed guidance and additional font/style options and as such, is at a higher price point than quotes sourced via our Online Customiser.
After placing an order and making payment, the onus is on the customer to sign off the sketch that will go into production. If after 12 months from the point of payment sign off has not been received we will issue a refund, minus service costs, and we will no longer be able to honour the original price quoted for the design.
All orders will be set out in a sketch, which must be approved for an order to proceed (see point 2.1). Acceptance of the sketch and acceptance/payment of the order means you have agreed to all of our Trading Terms and Conditions. Represented or unpaid cheques will incur a £30 handling charge.
You are free to cancel your order if the sketch you receive within two working days of making your payment isn’t satisfactory. We will issue a full refund, usually credited back to your account within 10 working days. Any promotional codes and discounts used at the time of your order can’t be re-used outside the date and time of the original discount.
2.5 Artwork and Designs
All colours shown on the website are only as accurate as the web design process allows and will vary with your monitor settings, software and environmental light etc.
Design positioning must be specified and agreed at the sign-off stage, along with an approved design. Due to variance in the manufacturing stage and the hand-made nature of LED neon lights, there may be variance of up to 100mm in any dimension set out in the quote. Some changes can and may occur between the stated position, origination and final placement of any design ordered. By agreeing to these T&Cs you understand that variance in dimensions, placement, colour and visual appearance can change between products and agree to allow us to use our professional judgement in this matter. All artwork, designs and specifications supplied / approved are guidelines for the production stage only.
2.6 Copyright designs
2.6.1 Supplied designs
It is the client’s responsibility to gain authorisation to use any copyrighted, trademarked or otherwise licensed material/ logos in their order. We will not be held liable for use of copyrighted, trademarked or otherwise licensed logos, designs or artwork in products supplied to your specifications.
2.6.2 Designs produced by us
Any designs produced by us for you will remain our intellectual property and may not be used in any other form without our prior written consent.
We may occasionally use examples of custom LED neon lights we’ve previously produced in our brochures, websites, social platforms, exhibitions and pitches. If you would prefer to opt-out or keep your relationship to us discreet, please let us know by clearly stating on your order or artwork approval.
Customised designs are a bespoke manufacturing service whereby we manufacture one-of-a-kind goods to your specifications and therefore refunds and returns of goods are not possible. We will accept no returns of customised lights. We therefore encourage customers to take care with the specifications and take care to understand the terms and conditions of their order. By making a purchase order or by signing off the quote and invoice you agree to pay for the goods listed and understand that no refund, replacement or compensation can be claimed for the goods once the order has been placed. This does not affect your statutory rights.
At times, stock-outs and shortages may occur between the times when availability was last checked (payment) and the point where the stock is drawn down (sign-off) particularly if there is a delay in signing off a design. In this instance, we will inform you of this as soon as possible and will look to offer replacements (this may affect the price, which will rise or fall accordingly, and may result in an issue of a further invoice to you or remittance advice from us) or we may offer to send the goods on shortly after. The rest of an order will proceed despite the stock-out and cannot be cancelled as a result of stock-outs. We will not be liable for any loss of earnings arising from stock-outs or from any delays in the production process.
Any changes to an order will result in a new sketch and quote. Each new quote will supersede all earlier quotes. Any changes to an order that result in a rise in cost, will be re-invoiced to the customer and must be paid pro-forma before the order proceeds.
2.10 Turnaround Time
Our average customised order turnaround is 6-8 weeks. This can be as long as 10 weeks or more on complicated orders or during busy periods. You will be given a provisional completion date once your signed-off and paid-for order enters the production process. Please note the 6-8 week turnaround time guideline is from point of full payment.
Failure of the client to respond quickly to information / artwork / approval requests from our order management team may result in order delays.
All turnaround durations are estimates and we cannot guarantee exact delivery dates. We will not be liable for any loss incurred due to production or delivery delays.
All colours shown on the website are only as accurate as the web design process allows. There will always be variance due to screen resolutions and environmental factors (such as lighting).
Full title in the Goods shall remain vested in us until we receive payment in full. We reserve the right to sell any rejected goods.
- REFUNDS/ DEFECTS/ RETURN OF OFF-THE-SHELF LIGHTS (LIGHTS BOUGHT DIRECTLY FROM THE WEBSITE)
Due to the nature of the handmade manufacture process, there are occasionally errors that occur due to manufacture, or genuine mistakes of operatives. We have a thorough QC process that means that almost all rejected products are flagged up in production, however sometimes errors will occur. The buyer acknowledges that while it is rare sometimes a mistake can occur.
If the Goods arrive to the Buyer in a damaged state, the Buyer is required to notify the delivery agent and the Seller within 24 hours in writing inclusive of photography evidence of the damage to the Goods and associated packaging to verify. Failure to comply with this request and timeframe will void the Seller obligations. Please ensure that a photograph showing the whole light is submitted along with detailed photos of the damage incurred and packaging.
Due to the hand-rendered nature of the Goods, they can be subject to variations and slight dis-colourations. Some variations in colour can also occur as a result of computer screen and printer calibration. The Buyer acknowledges that these variations and dis-colourations are not a fault of the Products and accepts the potential of such occurrence.
Due to the inherent nature of Perspex and the handmade production process, there may be glue marks or scratches visible on the perspex sheet. We recommend that you remove all superficial marks with a cloth and white vinegar. The Buyer acknowledges that these minor defects are not a fault of the product, will not affect the use of the product and accepts the potential of such occurrence.
The Buyer shall inspect the Goods on delivery and shall within forty-eight (48) hours of delivery notify the Seller in writing of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Buyer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery. If the Buyer shall fail to comply with these provisions the Goods shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.
If goods are found to be faulty and the error is on the part of the Seller, the Seller will provide the buyer with a return label and ask that they Buyer returns the item to the seller to be inspected.
Where there has been a genuine manufacturing error, upon return of the light, we will investigate and endeavour to repair or replace affected goods as we see fit in order to supply goods to specification. This does not include ordering errors on the part of the customer, and does not supersede other related terms.
The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
In the first instance, any orders not received as expected should be resolved directly between the Buyer and the courier company. Thereafter, replacement of damaged or lost items is made at the discretion of the Seller.
The failure of the Seller to deliver shall not entitle either party to treat this contract as repudiated. The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.
With our standard free UK delivery, we do not offer nominated day or time delivery slots. For customised orders, however, we will be able to provide you with a 1-week delivery window within the 6-8 week delivery time. If you require a more specific delivery window, do let us know and we can provide an alternative courier service (for an additional fee).
We use a variety of reputable delivery companies, who, if you are not at home at the time of delivery, should leave a delivery note so you can arrange re-delivery. You will also receive an email with tracking details, when your order is dispatched from the studio.
4.1 Goods Delivery Handling Responsibility
You will need to be sure that you have sufficient and proper equipment and that your own designated personnel are available to unload products/goods delivered to your premise(s) as the delivery companies’ drivers are not obliged/required to provide assistance in unloading and/or placing your order.
4.2 Delays Beyond Our Control
We shall have no liability to you for any failure or delay in the delivery of goods ordered, or for damage or defect to goods caused by events or circumstances beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
- INTERNATIONAL DELIVERIES
All international orders are shipped via one of our reputable couriers. We are not responsible for customs fees incurred from importing goods. The customer assumes responsibility for any additional charges on rejected packages. We do not accept returns for international orders. This does not affect your statutory rights.
- ADDITIONAL TERMS
We shall at all times comply with all applicable laws, regulations, governmental rules, guidelines and codes relating to bribery and corruption, including without limitation applicable Foreign Corrupt Practices Act legislation, US Securities and Exchange Commission legislation and OECD Convention legislation, and shall not, nor shall any person on our behalf, directly or indirectly offer or give (or agree to offer or give) any gift, benefit, entertainment or other consideration to any person which is intended to induce or encourage, or which has the effect of inducing or encouraging, to breach any duties or obligations of that person.
We shall ensure that all persons acting on our behalf in connection with our agreement do not, directly or indirectly, receive or agree to receive any gift, benefit, entertainment or other consideration from any person which is intended to induce or encourage, or which has the effect of inducing or encouraging, such person to breach any duties or obligations you owe to us.
6.2 Exclusion of Liability
We shall not be liable in any way for any loss of revenue, profit, goodwill or any consequential or indirect or special loss or damage arising out of the purchase of any goods by you from us or late or non-delivery of goods. We do not accept liability for any loss from claims of third parties arising out of the use of Goods or Services purchased from us. We shall not be liable for any misrepresentations. We accept zero liability for all losses not specifically mentioned here, as well as any liability for health issues that may occur from the use of products supplied to you by us.
We will endeavour to provide the highest quality goods as standard, and these will arrive in a merchantable quality. Any wear and tear or depletion of goods due to use and wear are not our responsibility and we will not be obliged to replace or refund any goods.
We warrant fixtures and components, when properly installed and under normal conditions of use, to be free from defects in materials and workmanship for a period of 24 months from the date of purchase. The warranty is invalidated if the customer chooses to tamper with the light and/or wires during the installation process.
Should an item be faulty, we will repair or replace the product at our discretion. In the event we determine a product is not repairable or no longer available, we will offer to replace it with an item of similar style and value.
The warranty only covers products installed and maintained in accordance with the instructions provided by us and no warranty is made with respect to any of our products that are otherwise installed or maintained.
Product dimensions listed are to our knowledge as accurate as possible. Defects or failures arising during shipment or due to alteration, misuse, negligence, accident, theft, defective maintenance, damage by and actions of others, or where adequate care has not been taken to prevent chemical, ice, or snow damage to the product shall not be covered by this warranty.
The warranty does not cover products that have been exposed to toxic, nuclear, or corrosive environments, or where operating temperatures fall below -40 degrees celsius or exceed 60 degreed celsius. Due to the unsuitability of many cleaning agents such aspects of our products as could be damaged by their use, for example glass and finishes, are specifically excluded from the terms of this warranty.
This warranty does not cover labour, shipping costs, removal or installation, nor does this warranty cover any product not expressly designated an OEM product when it is used as a component of and/or a finished good for a manufactured primary product without the prior written approval of Bag & Bones.
Bag and Bones Ltd. will not accept any liability for loss or profit or consequential losses suffered as a result of erroneous delivery, production or delivery delay, or otherwise. The risk inherent in all goods passes to the customer as soon as production is complete and the order is dispatched.
6.5 Governing Law
The contract between you and us shall be governed by and interpreted in accordance with English law, and the English courts shall have exclusive jurisdiction to resolve any arising disputes.
All information supplied by either party to the other and identified as confidential by the recipient shall be kept strictly confidential by the recipient and shall not be disclosed to any third party without the other's prior written consent. Each party shall take appropriate steps to ensure that its employees, subcontractors and agents are also bound by confidentiality undertakings with respect to products, suppliers, printers, supply chain, supply partners.
All confidential information and documents supplied to either party shall be returned to the supplying party on expiry or termination of this Agreement.
The obligations of confidentiality in these Terms and Conditions shall remain in force after expiry or termination or any relationship between you and us.
6.7 Intellectual Property
All intellectual property associated with our brand, supply chain, processes and all other relevant elements of our business will remain ours. Customers have no right to use our IP - for example traceability - without written permission. This IP may only be used whilst we are your supplier: the agreement to use our IP expires immediately when you change supplier, or when we inform you - whichever comes sooner.
6.8 Entire Agreement
These terms and conditions, delivery details and contract details, set out the whole of our agreement relating to the supply of the goods to you by us. These terms and conditions cannot be varied except in writing signed by a director of bag and bones Ltd and will always supersede the customer’s Terms. In particular nothing verbally agreed by any of our staff should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. We shall have no liability for any such representation being untrue or misleading unless it is made fraudulently. No delay or failure on our part to enforce our rights or remedies under these Terms and Conditions shall constitute a waiver on our part or such rights or remedies unless such waiver is confirmed in writing.
6.9 Scope of Agreement
(a) These conditions apply to all Goods and Services supplied by the us to you and shall govern the contract to the exclusion of any other terms and conditions. In particular, these conditions shall override and supersede any terms or conditions of purchase of the Buyer purported to be incorporated expressly or impliedly into the contract. You accept these conditions by purchasing the goods and / or services.
(b) All correspondence and documentation relating to the Order shall be in English language. If translations exist in other languages, the English version shall prevail if in conflict.
BAG AND BONES LIMITED
Mobile Message Service Terms and Conditions
Last updated: 23 February 2022
The BAG&BONES mobile message service (the "Service") is operated by BAG AND BONES LIMITED (“BAG&BONES”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to BAG&BONES’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of BAG&BONES through your wireless provider to the mobile number you provided, even if your mobile number is registered on any Do Not Call list. Text messages may be sent using an automatic telephone dialling system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with BAG&BONES. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Click the unsubscribe link in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other BAG&BONES mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance email firstname.lastname@example.org
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.