Terms and Conditions

INFORMATION ABOUT BANNEYA LTD AND THE BANNEYA.COM WEBSITE

The Website is owned and managed by Banneya Ltd, a company registered in England and Wales with the company registration number 8646027 and having its registered address at 145-157 St John Street, London, EC1V 4PW.

Banneya Ltd reserves the right to make any changes to the Website including any functionalities and content therein or to discontinue any aspect of the Products or features of the Website therefor without notice.

PRELIMINARY INFORMATION

In order to use to the Website, you warrant that:

  • you are legally capable of entering into any binding contracts;
  • you are at least 18 years old and above; and
  • you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms.

YOUR OBLIGATIONS

You agree that you are solely responsible and liable for all activities on the Website, whether you are a Registered User or an Unregistered User.

If you are a Registered User, you shall promptly notify Banneya Ltd in the event there is a breach of security or any unauthorised use of your Login Details.

You further agree that at all times, you shall:

  • not use your Login Details with the intent of impersonating another person;
  • not allow any other person to use your Login Details;
  • not use the information presented on the Website for any purposes other than those expressly set out in these Terms;
  • not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website or in respect of the network;
  • not use the Website, the content therein and/or do anything that will infringe any intellectual property right or other rights of any third parties;
  • not use any information obtained using the Website otherwise than in accordance with these Terms;
  • comply with all instructions and policies from Banneya Ltd from time to time in respect of the Website;
  • co-operate with any reasonable security or other checks or requests for information made by Banneya Ltd from time to time; and
  • use the information made available to you on the Website at your own risk.

In the event that, Banneya Ltd, in its sole and absolute discretion, considers that you have breached any of the terms set out in this clause, Banneya Ltd shall reserve the right to take any action that it deems to be necessary, including without limitation, the termination forthwith and without notice, your use of and access to the Website (whether you are a Registered or Unregistered User); and in the case of illegal use, the instigation of legal proceedings as appropriate.

Without prejudice to any of Banneya Ltd's other rights and remedies, Banneya Ltd reserves the right, in its sole and absolute discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of this clause.

PRICING POLICY

Prices shown on the Site are in GBP and are inclusive of VAT at the applicable rate unless you have selected an alternative country where VAT is not chargeable.

All prices and offers remain valid as advertised from time to time. The GBP price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error.

RECOMMENDATIONS

When you use our website, you'll see that we offer you recommendations, showing products we think you might like and could perhaps miss when you're browsing the site.

These are based on your past purchases, top sellers, ratings and recently-viewed products. We determine your interests and suggest new products you may like; additionally we compare your interests and buying habits with the interests and habits of other customers, to show you relevant products.

Your recommendations may change when you make a purchase and move around the site. You might like to add products that interest you to your wish list for future reference.

We take reasonable care to ensure our recommendations are in line with your behaviour as a customer on Banneya.com. Details of the products we recommend - such as price - are correct at the time recommendations are originally made to you, but can be subject to change without notice.

ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is an acceptance of your order. Our normal turn around time from order to dispatch is currently 2-3 weeks. You will receive 4 emails from us throughout the process:

  • One email to confirm your order has been received – THIS IS AN ACCEPTANCE OF YOUR ORDER
  • One to let you know that your piece is being finished
  • One email to confirm your order has been dispatched and the Royal Mail Special Delivery Tracking number associated with your order – ONCE YOU HAVE RECEIVED THIS YOU CAN NO LONGER CANCEL YOUR ORDER
  • One email to confirm that Royal Mail has attempted delivery/delivered the parcel

The sale contract is therefore concluded in London, England and the language of the contract is English.

We may refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

PROMOTION CODES

Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.

INSURANCE AND DELIVERY

Banneya Ltd insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by Banneya Ltd, and transfer of responsibility in the same way.

RETURNS AND EXCHANGES

Cancelling your order under the consumer contracts (information, cancellation and additional charges) regulations 2013:

If you are based in the EU under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (ICACRs), you may have the right to cancel your order with us provided you give us written notice.

Right to Cancel under the ICACRs: under the ICACRs the right to cancel is excluded for goods personalised or made to consumer's specifications

However, we are waiving this exemption and hereby state that any order made on the Banneya.com website can be cancelled up to the date of dispatch of the order.

To exercise the right to cancel, you must inform us by email to: customercare@Banneya.com.

Once the item has been dispatched you can no longer cancel your order, however, you have 30 days from date of delivery to return the product to us for a full refund. The product must be in perfect condition, with its original packaging and with all the Banneya London tags still attached.

REPEATED RETURNS

We offer a flexible returns policy to make your online shopping experience even easier. However, we do monitor the number of returns made and may refuse to accept orders at our discretion if goods are returned repeatedly.

COLOURS

We have made every effort to display as accurately as possible the colours of our products that appear on Banneya.com. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.

INTELLECTUAL PROPERTY RIGHTS

Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including Banneya Ltd Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by Banneya and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

You are expressly prohibited from:

  • reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website including without limitation, any images in any format of the Products and submissions in the form of articles and write-ups made available on the Website; and
  • removing, modifying, altering or using any registered or unregistered marks/logos/design owned by Banneya and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Banneya or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to Banneya.

CONTENT

In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Banneya tries to ensure that the information on this site is accurate and complete. Banneya does not promise that Banneya's Content is accurate or error-free. Banneya does not promise that the functional aspects of the Site or Banneya’s Content will be error free or that this Site, Banneya Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

THIRD PARTY SITES

We may include hyperlinks on this Site to other websites or resources operated by parties other than Banneya, including advertisers. Banneya has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

YOUR RIGHTS

You have certain rights under the law.

In England these include:

That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;

That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;

Certain remedies if a product is defective; and

Nothing in the Terms & Conditions is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.

LIMITS ON OUR LIABILITY

We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.

Nothing in the Terms & Conditions is intended to affect your rights under the law (see "Your Rights" above).

If Banneya Ltd breaches the T&CS we shall only be liable for losses, which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and Banneya at the time of you placing your order, and Banneya dispatching your order. We shall only be liable for losses up to 100% of the total value of goods purchased.

We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).

We are also not responsible for failure to meet any of our obligations under the T&CS where such failure is due to events beyond our reasonable control.

COMPENSATION

At our request, you agree to compensate us fully, defend us, and hold us Banneya harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the T&CS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Banneya as a result of the T&CS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Banneya, and we shall not be liable for any representation, act, or omission on your part.

NO WAIVER

If you breach the T&CS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the T&CS.

COMPLAINTS AND GOVERNING LAW

If you have a complaint about us email customercare@banneya.com giving full details including date of purchase and order reference number where applicable and your full name and address and contact details. The T&CS together with all our policies and procedures will be governed by and construed in accordance to the English law and the relevant courts of England and Wales will have exclusive jurisdiction.

SEVERABILITY

If any of the terms within these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

LAW & JURISDICTION

These Terms are governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English Courts.