Terms and Conditions

Terms & Conditions of supply

1.         These terms
These are the terms and conditions on which we supply products to you which you purchase from The Baitstir. Please read these terms carefully before you submit your order to us.
2.         Our contract with you 
2.1.      A contract between us for the sale of our products will only come into existence at the point at which we accept your order.
2.2.      When you place an order we will confirm your order by sending you an email to the email address you provided to us. Please note that the order confirmation does not constitute our acceptance of your order. 
2.3.      Acceptance of your order and formation of the contract will take place when we either provide you with our acceptance of the order, or in the absence of such communication, when we dispatch the goods to you.
2.4.      If we are unable to accept your order, we will inform you of this and will not charge you for the product(s). This might be because a product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.         Our products and payment
3.1.      The images of the products on our Site are for illustrative purposes only and your product may vary slightly from those images. The product descriptions on the Site, whilst given in good faith, are subject to alteration by us without notice or any liability accruing to us. 
3.2.      Materials and textures are an approximation and can vary when viewed on different computer equipment. The packaging of the product may vary from that shown in images on our Site. 
3.3.      From time to time, and at our absolute discretion, purchase of our products may be subject to special promotions or offers.  Any promotions or offers will be subject to these terms and conditions.  We may change the terms of the promotions or offers, or withdraw such, at any time and without prior notice.
3.4.      The prices stated on the website or Ebay Store will be inclusive of any VAT payable.
4.         Delivery
4.1.      The costs of delivery and estimated times for delivery are displayed where applicable. Please note that we may vary our delivery charges from time to time.
4.2.      We will deliver the goods to the address provided by you when you placed your order. 
4.3.      We will make every reasonable effort to deliver your products safely and in accordance with any specific delivery instructions that you give us however we will not be liable for any delay, damage or loss as a result of complying with such specific instructions.
4.4.      If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
4.5.      Goods (and risks to them) will become your responsibility from the time we deliver the goods to the address you gave us (or otherwise in accordance with your delivery instructions).
5.         Your rights to end the contract
5.1.      If you are ending a contract for a reason set out at 5.1.1 to 5.1.3 below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
5.1.1.        we have told you about an error in the price or description of the product you have ordered and you have informed us before dispatch that you do not wish to proceed;
5.1.2.        we have suspended supply of the products, or notify you we are going to suspend them, in each case for a period of more than 14 days; or
5.1.3.        you have a legal right to end the contract because of something we have done wrong.
5.2.      If you are a consumer then for most products bought on our Ebay Store you have a legal right to change your mind and cancel the Contact within 14 days and receive a refund.  To exercise these rights, under the Consumer Contracts Regulations 2013, you can email us at sales@thebaitstir.co.uk. If you notify us after products have been dispatched to you or you have received them, you must return them to us. You will be responsible for bearing the cost of returning the goods. We will process your refund within 14 days from the day on which we receive the products back and will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price to reflect any reduction in the value of the goods which has been caused by your handling them in a way which would not be permitted in a shop or where the goods are in an unsuitable condition or with defaced packaging.
6.         Refunds and returns
6.1.      We are under a legal duty to supply products that are in conformity with this contract. If you think that any product you have received:
6.1.1.        does not match its description;
6.1.2.        is not of satisfactory quality;
6.1.3.        does not meet any relevant guarantee we have made; or
6.1.4.        is otherwise faulty or defective,
you must contact us as soon as possible at sales@thebaitstir.co.uk or by telephone on 07979 265831. We reserve the right to ask you to send us reasonable evidence of any product affected by such issues. Consumers who notify us of issues raised under this clause 6.1 may, depending on the individual circumstances, have rights entitling them to a refund, repaired or replacement goods or be entitled to some money back.
6.2.      Nothing in these terms will affect your statutory rights as a consumer.
7.         Our responsibility for loss or damage suffered by you
7.1.      If we fail to comply with these terms, we are responsible for loss or damage you suffer that is as a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
7.2.      We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care; and any rights under the Consumer Rights Act 2015.
7.3.      We are not liable for business losses. We only supply the products for end users. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, revenue or goodwill, business interruption, or loss of business opportunity.
8.         Other important terms
8.1.      We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
8.2.      You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
8.3.      Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
8.4.      If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
8.5.      Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
8.6.      Use of your personal data.  We will only use your personal data in the ways set out in our Privacy Policy, which can be found on our website, www.thebaitstir.co.uk.
8.7.      Applicable laws. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English and Welsh courts.