CONSUMER TERMS & CONDITIONS
1. Definitions
Buyer: the consumer who buys or agrees to buy Goods from the Seller.
Conditions: these consumer terms and conditions of sale.
Consumer: an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.
Contract: the contract between the Seller and the Buyer for the sale and purchase of Goods.
Goods: the products which the Buyer agrees to buy from the Seller.
Order: an order placed by the Buyer for Goods through the Website or by any other sales channel accepted by the Seller.
Price: the price payable for the Goods, including VAT where applicable but excluding delivery and other charges unless stated otherwise.
Seller, we, us or our: The American BBQ Company (Europe) Limited t/a The American BBQ Company, company number 07556797, VAT number 794916669, of Unit 2 Hockliffe Business Park, Watling Street, Hockliffe, Beds LU7 9NB.
Website: shop.americanbbq.co.uk
2. About these Conditions
2.1 These Conditions apply to consumer purchases of Goods from the Seller through the Website or any other consumer sales channel used by the Seller.
2.2 These Conditions do not apply to business-to-business purchases. If the Buyer purchases Goods in the course of a business, trade or profession, the Seller’s business-to-business terms and conditions may apply instead.
2.3 Nothing in these Conditions affects the Buyer’s statutory rights as a consumer.
2.4 These Conditions may not be varied except by the written agreement of a director of the Seller.
3. Ordering and Contract Formation
3.1 The Website will guide the Buyer through the ordering process. The Buyer is responsible for checking the Order details before submitting the Order.
3.2 An Order is an offer by the Buyer to buy the Goods in accordance with these Conditions.
3.3 The Contract is formed only when the Seller accepts the Order. Acceptance may be by an order confirmation email, dispatch confirmation email, or other written confirmation from the Seller.
3.4 The Seller may decline or cancel an Order before acceptance, including where the Goods are unavailable, the Price or description contains an error, delivery cannot reasonably be made to the Buyer’s address, or payment is not authorised.
3.5 If the Seller cannot accept an Order but payment has already been taken, the Seller will refund the Buyer as soon as reasonably practicable.
3.6 The Buyer must ensure that all information supplied to the Seller is complete and accurate, including delivery address, contact details and any information needed for delivery of large or heavy Goods.
4. Price and Payment
4.1 The Price of the Goods will be the price shown on the Website or otherwise confirmed by the Seller at the time the Order is placed, subject to correction of obvious errors.
4.2 Prices shown for consumer purchases include VAT where applicable unless stated otherwise. Delivery charges and any additional charges will be shown before the Buyer submits the Order.
4.3 Payment is due at the time of Order unless the Seller agrees otherwise in writing.
4.4 Where Goods are made to the Buyer’s specification, clearly personalised, specially ordered or imported specifically for the Buyer, the Seller may require a deposit or full payment in advance. The Seller will state any such requirement before the Order is accepted.
4.5 Any deposit for Goods made to the Buyer’s specification or clearly personalised may be non-refundable if the Buyer cancels after the Seller has started work or incurred costs that cannot reasonably be avoided. This does not affect the Buyer’s rights where the Goods are faulty, not as described, or where the Seller is otherwise in breach of the Contract.
5. Goods
5.1 The quantity and description of the Goods shall be as set out in the Seller’s order confirmation.
5.2 Images of Goods on the Website are for illustrative purposes. The Seller will use reasonable care to ensure that descriptions, specifications and images are accurate, but minor variations in appearance, packaging, colour, finish or dimensions may occur.
5.3 Where Goods have a stainless steel or similar reflective finish, minor superficial variations caused by the manufacturing process or reflection of light may occur and will not by themselves amount to a fault.
5.4 Goods are supplied for domestic and private use unless the Seller expressly agrees otherwise in writing. The Buyer must not buy Goods from the consumer store for trade resale or for business-to-business supply.
6. Delivery
6.1 Delivery will be made to the delivery address supplied by the Buyer.
6.2 The Seller will provide estimated delivery times where possible. Delivery dates are estimates only unless the Seller expressly agrees a guaranteed delivery date in writing.
6.3 Where the Goods are large, heavy or delivered on a pallet, delivery may be to kerbside only unless the Seller agrees otherwise in writing. The Buyer is responsible for ensuring that there is suitable access for delivery and that a responsible person is available to receive the Goods.
6.4 If delivery cannot be completed because the Buyer has provided incorrect information, is unavailable, or has not made reasonable arrangements for delivery, the Seller may charge the Buyer the reasonable costs of failed delivery, storage, redelivery or return of the Goods.
6.5 Risk in the Goods passes to the Buyer when the Goods are delivered to the Buyer or to a person identified by the Buyer to take possession of them.
6.6 Title to the Goods passes to the Buyer when the Seller has received payment in full for the Goods and any delivery charges.
6.7 If the Seller fails to deliver within the agreed period, or if no period has been agreed within 30 days after the Contract is formed, the Buyer may have statutory rights to require delivery within an additional reasonable period or, in some circumstances, to cancel the Contract.
7. Cancellation and Returns
7.1 For most online purchases, the Buyer has the right to cancel the Contract without giving any reason within 14 days after the day on which the Buyer, or a person nominated by the Buyer, receives the Goods.
7.2 Where an Order is delivered in several instalments, the 14-day cancellation period runs from the day after the Buyer, or a person nominated by the Buyer, receives the last instalment.
7.3 To cancel, the Buyer must inform the Seller by a clear statement, for example by email, post or the model cancellation form at the end of these Conditions. Cancellation requests should be sent to: Unit 2 Hockliffe Business Park, Watling Street, Hockliffe, Beds LU7 9NB, or by email to info@americanbbq.co.uk.
7.4 If the Buyer cancels under clause 7.1, the Buyer must return the Goods to the Seller without undue delay and in any event not later than 14 days after notifying the Seller of cancellation, unless the Seller has agreed to collect the Goods.
7.5 Unless the Seller has agreed to pay return costs, the Buyer is responsible for the direct cost of returning the Goods. For large, heavy or palletised Goods, return costs may be substantial. The Seller should provide an estimate of such costs before the Order is placed where the Goods cannot normally be returned by post.
7.6 The Seller will refund the Price paid for the Goods and the standard delivery charge originally paid by the Buyer. The Seller is not required to refund any additional delivery cost chosen by the Buyer above the Seller’s least expensive standard delivery method.
7.7 The Seller may withhold the refund until the Seller has received the Goods back or the Buyer has supplied evidence of having sent them back, whichever is earlier.
7.8 The Seller will make any refund due without undue delay and not later than 14 days after the day on which the Seller receives the Goods back or receives evidence that the Buyer has returned them.
7.9 The Buyer may inspect the Goods to establish their nature, characteristics and functioning in the same way as would reasonably be permitted in a shop. The Buyer must take reasonable care of the Goods while they are in the Buyer’s possession. The Seller may reduce any refund to reflect any reduction in the value of the Goods caused by handling, use, installation, assembly, damage, deterioration, missing parts, missing packaging or other treatment of the Goods beyond what is necessary to establish their nature, characteristics and functioning.
7.10 Where Goods are returned in a used, damaged, incomplete or materially altered condition, the Seller may make an appropriate deduction from any refund to reflect any reduction in the value of the Goods, except where the issue arises because the Goods are faulty, damaged on delivery, not as described or otherwise not in conformity with the Contract.
7.11 The right to cancel does not apply to Goods made to the Buyer’s specification or clearly personalised. It may also not apply to other categories of goods excluded by law. The Seller will identify any relevant cancellation exclusion before the Order is accepted.
7.12 The Buyer’s cancellation rights are separate from, and do not affect, the Buyer’s rights where Goods are faulty, damaged, not as described or otherwise not in conformity with the Contract.
8. Faulty Goods and Statutory Rights
8.1 The Seller is under a legal duty to supply Goods that are as described, fit for purpose and of satisfactory quality.
8.2 If the Goods are faulty, damaged, not as described or otherwise not in conformity with the Contract, the Buyer should contact the Seller as soon as reasonably possible at info@americanbbq.co.uk.
8.3 The Buyer may have statutory rights to reject the Goods, require repair or replacement, or receive a price reduction or refund, depending on the circumstances and timing of the claim.
8.4 Nothing in these Conditions limits or excludes the Buyer’s statutory rights in relation to faulty, damaged, misdescribed or non-conforming Goods.
8.5 The Seller may ask the Buyer to provide reasonable evidence of the issue, such as photographs, video or details of how the Goods have been installed, used or maintained, where relevant.
8.6 The Buyer must not continue to use Goods where doing so may cause damage, safety risks or further deterioration after the Buyer has become aware of a possible fault.
9. Manufacturer Warranties
9.1 Some Goods may be supplied with a manufacturer’s warranty. Any manufacturer’s warranty is in addition to, and does not replace or limit, the Buyer’s statutory rights.
9.2 The terms and duration of any manufacturer’s warranty will be those provided by the manufacturer, unless the Seller expressly agrees otherwise in writing.
9.3 The Buyer must operate, install and maintain the Goods in accordance with the manufacturer’s instructions and any safety or care instructions supplied with the Goods.
9.4 The Seller may reasonably refuse to assist with a manufacturer warranty claim where the issue has been caused by misuse, incorrect installation, lack of maintenance, unauthorised repair, modification, accidental damage, or use contrary to the manufacturer’s instructions. This does not affect the Buyer’s statutory rights.
10. Product Use and Safety
10.1 The Buyer is responsible for ensuring that the Goods are suitable for the Buyer’s intended domestic use before placing the Order.
10.2 The Buyer must use the Goods safely and in accordance with all instructions, warnings and applicable laws.
10.3 Where Goods require installation, assembly, ventilation, electrical connection or specialist handling, the Buyer is responsible for ensuring that this is carried out safely and by a suitably competent person where required.
10.4 The Seller is not responsible for loss or damage caused by misuse, incorrect installation, failure to follow instructions, unauthorised modification, lack of maintenance, or use for a purpose for which the Goods were not designed.
11. Liability
11.1 Nothing in these Conditions limits or excludes the Seller’s liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of the Buyer’s statutory rights, or any other liability which cannot lawfully be limited or excluded.
11.2 Subject to clause 11.1, the Seller is responsible for foreseeable loss and damage caused by the Seller’s breach of the Contract or failure to use reasonable care and skill.
11.3 The Seller is not responsible for loss or damage that was not foreseeable. Loss or damage is foreseeable if it was obvious that it would happen or if, at the time the Contract was made, both the Seller and the Buyer knew it might happen.
11.4 The Seller supplies Goods to consumers for domestic and private use. Subject to clause 11.1, the Seller is not liable for business losses, including loss of profit, loss of business, business interruption, or loss of business opportunity.
11.5 If the Seller carries out installation or other work at the Buyer’s premises, the Buyer must ensure that the premises are safe and suitable and must provide all necessary access, facilities and information. The Seller is not responsible for loss, damage, cost or expense caused by the Buyer’s failure to comply with this clause.
12. Events Outside the Seller’s Control
12.1 The Seller will not be liable for delay or failure to perform its obligations where this is caused by an event outside the Seller’s reasonable control.
12.2 If such an event affects delivery or performance, the Seller will contact the Buyer as soon as reasonably possible and take reasonable steps to minimise the effect of the delay.
12.3 If there is a substantial delay, the Buyer may contact the Seller to cancel the Contract and receive a refund for any Goods paid for but not received. However, where the Goods are made to the Buyer’s specification, clearly personalised, specially ordered or imported specifically for the Buyer and the Seller has already started work or incurred costs that cannot reasonably be avoided, the Seller may deduct from any refund the reasonable costs and losses it has incurred, unless the delay is caused by the Seller’s breach of the Contract.
13. Privacy and Data Protection
13.1 The Seller will process personal data relating to the Buyer in accordance with applicable data protection laws and the Seller’s privacy notice, as amended from time to time.
13.2 The Seller may process personal data for purposes connected with these Conditions and any Contract, including order processing, delivery, payment administration, customer support, warranty administration, returns, record keeping, legal compliance, fraud prevention, and marketing where permitted by law.
13.3 The Seller’s privacy notice explains what personal data the Seller collects, how it is used, the lawful bases for processing, how long it is retained, when it may be shared, and the Buyer’s data protection rights.
14. Changes to these Conditions
14.1 The Seller may make minor changes to these Conditions from time to time, including to reflect changes in law, regulation, payment processes, delivery arrangements or business operations.
14.2 The Conditions that apply to an Order are the Conditions in force when the Contract is formed, unless the Seller and Buyer agree otherwise in writing.
15. Severance
15.1 If any provision or part-provision of these Conditions is or becomes invalid, unlawful or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Conditions.
16. Third Party Rights
16.1 Nothing in these Conditions is intended to confer any rights on any person other than the Buyer and the Seller.
17. Governing Law and Jurisdiction
17.1 These Conditions and any Contract between the Seller and the Buyer shall be governed by the laws of England and Wales.
17.2 The Buyer may bring proceedings in the courts of England and Wales. If the Buyer lives in Scotland, the Buyer may bring proceedings in Scotland or England and Wales. If the Buyer lives in Northern Ireland, the Buyer may bring proceedings in Northern Ireland or England and Wales.
17.3 The Seller will bring proceedings against the Buyer only in the courts of the part of the United Kingdom in which the Buyer lives, unless the law permits otherwise.
18. Contact Details
18.1 The Seller’s contact details for customer service, cancellation, returns and complaints are:
- Email: info@americanbbq.co.uk
- Telephone: 01442 927727
- Postal address: Unit 2 Hockliffe Business Park, Watling Street, Hockliffe, Beds LU7 9NB
- Returns address: The returns address will depend upon the dimensions, quantity and type of Goods being returned. The Seller will notify the Buyer in writing of the returns address applicable to the specific return. The Buyer should not return Goods until the Seller has confirmed the applicable returns address.
Schedule 1. Model Cancellation Form
Complete and return this form only if you wish to cancel the Contract. You may also cancel by any other clear statement.
- To: The American BBQ Company (Europe) Limited t/a The American BBQ Company, Unit 2 Hockliffe Business Park, Watling Street, Hockliffe, Beds LU7 9NB or by email to info@americanbbq.co.uk.
I/We hereby give notice that I/we cancel my/our contract of sale of the following Goods: ______________________________________________
Goods ordered: ______________________________________________
Order number: ______________________________________________
Ordered on: ______________________________________________
Received on: ______________________________________________
Name of consumer(s): ______________________________________________
Address of consumer(s): ______________________________________________
Email address / telephone number: ______________________________________________
Signature of consumer(s) (only if this form is notified on paper): ______________________________________________
Date: ___________________________________________