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BODYGUARD WORKWEAR (A TRADING DIVISION OF BUNZL UK LTD.) WEBSITE TERMS AND CONDITIONS OF SUPPLY TO BUSINESSES AND CONSUMERS

 
Access to and use of our online shop at www.bodyguardworkwear.co.uk is governed by these terms and conditions together with our Privacy Policy.
You can print a copy of these terms and conditions or save them to your computer for future reference. We may amend these terms and conditions from time to time and so you should check the website each time you place an order to ensure you have sight of the latest terms and conditions which will apply to that order.
For the purposes of these terms, you are a "consumer" whether you are purchasing products for purposes which are wholly or mainly outside your trade, business, craft or profession or wholly or mainly for the purpose of your trade, business, craft or profession. 
Also, for the purposes of these terms & conditions, where we refer to Bodyguard Workwear, it is an abbreviation of Bodyguard Workwear (A Trading Division of Bunzl UK Limited.)
 
1. ABOUT US AND OUR WEBSITE
 
1.1      This website is operated by Bodyguard Workwear (A Trading Division of Bunzl UK Limited (company number 02902454)). Our registered office is at York House, 45 Seymour Street, London W1H 7JT. United Kingdom. Our VAT number is 754466409. 
1.2       Bodyguard Workwear (A Trading Division of Bunzl UK Limited is part of the Bunzl PLC group of companies.
1.3 If you have any questions about us, these terms and conditions or our website, please do not hesitate to contact us by post at Bodyguard Workwear, Adams Street, Birmingham, B7 4LS, by telephone at 0121 359 8880, or by email at sales@bodyguardworkwear.co.uk  
 
 
2.  AGE RESTRICTIONS
Some products are age-restricted (as indicated within the product details) and we are prohibited by law from selling these to you unless you are at least 18 years old. Where an age restriction applies, and you place an order, you give us your assurance that you are over 18 years old.
 
3.  OUR PRODUCTS
3.1 The images of the products on our online shop are illustrative only. For example, although we have made every effort to display colours accurately, we cannot guarantee that your computer's display of colours accurately reflects the colour of the products. In addition to this, we may have to change where we purchase the item from to ensure supply, so there may be slight differences between the image and the item you receive.  However, the standard the product complies to will be the same. Products may therefore vary slightly from the images on the website. 
 
3.2 You have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these terms and conditions will affect these legal rights.
 
3.3 Please be aware that some products have manufacturer's specifications, brochures and/or safety guides which in each case deal with the correct use and application of the relevant product. Such specifications, brochures and/or safety guides are produced by the manufacturer and are, to the best of our knowledge, correct at the point at which they were first supplied to us. However, such specifications, brochures and/or safety guides may be subject to change from time to time.
3.4 You are responsible for selecting products that are suitable for the purpose you require and for using the products in accordance with any relevant manufacturer's specifications, brochures and/or safety guides and are advised to check such specifications before placing an order for products.
 
4.  PURCHASE PROCESS
4.1 All products shown are subject to availability. If the item you have ordered is not available we will contact you to inform you as soon as possible and we will not process your order further unless you wish us to.
4.2 To purchase items, browse the site, select the product that best suits your needs and click ‘Add To Basket’ button.  Once you have finished shopping, please proceed to checkout and follow the instructions on screen to payment.  You can either register for an account, to make future transactions faster, or you can checkout as a guest.
4.3 To make a payment, you will be redirected to the Worldpay payment platform.  When entering your card details, you must ensure that the address you enter for the billing address, EXACTLY matches the address your payment card is registered to.  If it does not match, funds will still be taken by Worldpay, but Bodyguard Workwear will be unable to refund you until the funds clear to our bank account.  Unless all of the details match, Bodyguard Workwear will not process your order.  We will make contact with you and attempt to get the payment reprocessed, but this will delay the processing of your order.
4.4 You can review your order during the order process and have the opportunity to modify it before submitting the order. You are responsible for ensuring the accuracy of each order you submit so please do take the time to check your order at this stage of the process. If you submit an order in error you will have the opportunity to cancel it by calling us.  If the order has already been processed and dispatched then you will be unable to cancel it, but you can return the items in line with our Returns and Refunds process.
4.5 By clicking proceed to payment, you will be accepting these terms and conditions.
4.6 Once you have placed an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted or processed.
4.7 Orders placed on Saturdays or Sundays or on any public holiday will not be processed until the next business day in the UK.
4.8 We must receive full payment both of the price of the products and any delivery charges before we can accept any orders unless:
4.8.1 you are purchasing the products for business purposes using a trading account which you have in place with us; and
4.8.2 we have agreed in writing to accept your order before payment is made.
4.9 We will confirm our acceptance of your order by sending you an e-mail confirming that the products have been dispatched.
4.10 The contract for the sale and purchase of the products ordered by you will only be formed and become binding when we send you this dispatch confirmation email.
4.11 Please note that the contract formed between you and us and all communications arising out of it shall be in the English language.
4.12 If we are unable to supply you with a product, for example because that product is not in stock or available or due to a pricing error on our online shop, we will notify you of this by e-mail and/or phone call and we will not process your order. If you have already paid for the product or products, we will refund you the full amount as soon as possible and in any event within 14 days of the date of your order.
4.13 If you are purchasing products for business purposes, you confirm that you have authority to bind any business on whose behalf you are ordering the products.
4.14 If there is an issue with your order and we have to contact you, we will do so by phone and/or email.  If we are unable to make contact with you within 7 days of you placing the order, we will cancel the order and refund you any payment that has been made in respect of the order.  If you still require the goods ordered, you will have to place a new order.
 
5. PRICE AND DELIVERY CHARGES
5.1 The prices of the products are as shown on the website. All our prices are shown in British Pounds Sterling (GBP) and you can choose whether you want the prices for items to be shown including or excluding VAT.  You can do this using the selector at the top right-hand side.  A summary breakdown of VAT is shown at the checkout regardless.
5.2 If the rate of VAT changes between the date of you placing your order and the date of dispatch, we will contact you to advise that we will adjust the VAT you pay.
5.3 Prices may change and offers may be withdrawn at any time but this will not affect any order which we have accepted with an order confirmation email.
5.4 The price of a product does not include delivery charges. Our delivery charges are added at checkout, depending on the delivery service you select.
5.5 It is always possible that, despite our reasonable efforts, some of the products on our online shop may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
5.5.1 Where the correct price of the product is less than the price stated on our online shop, we will charge the lower amount when dispatching the products to you; and
5.5.2 If the correct price of the product is higher than the price stated on our website, we do not have to provide the products to you at the incorrect (lower) price. In these circumstances, we will contact you by phone or email as soon as possible to inform you of this error. You will then have the option to cancel the order and receive a full refund if you have already paid the stated price to us or to continue to purchase the product and pay the correct (higher) price. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing to this effect.
 
6. DISCOUNT AND PROMOTION CODES
6.1 We may offer promotions and discounts from time to time, with or without a promotion code. Promotions with codes are usually only valid for one transaction and once the code is used it will be deactivated and will be no longer valid.
6.2 Promotions cannot be added to an order once you have submitted the order to us, therefore you must ensure that any promotional code is registered before you place an order.
6.3 We do not take responsibility for, nor are we obliged to honour, promotion codes or promotions published on third party websites.
6.4 We reserve the right to withdraw a promotion or promotional code at any time.
 
7. HOW TO PAY
7.1 If you are purchasing products as a consumer, you can only pay for products using a debit or credit card and your card will be charged for all relevant charges, including delivery, at the same time as we accept your order before the products ordered are dispatched.
7.2 If you are purchasing products for business purposes, you can pay for products by debit or credit card or, if your business has an active trading account registered with us, on account. For more information about setting up a trading account, please contact our sales team on 0121 359 8880 or email us at sales@bodyguardworkwear.co.uk
7.3 We accept the following cards: Visa, MasterCard, Maestro and JCB.
 
8. RIGHT TO CANCEL AN ORDER OR RETURN ITEMS
 
8.1 Details of your legal right to cancel under the Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and an explanation of how to exercise it are set out in this clause 8.
8.2 Except as provided in clause 8.4 below, you have the right to cancel any order in part or in full before we have despatched it, without the need to provide a reason.  
Except as provided in clause 8.4 below, and the order has been despatched, then you will have to take delivery of the order and return at your own cost.  If you choose to return your order in part or in full, you must contact us to advise of your intent to return.
Once the goods are received back into our warehouse, we will then inspect the returned items and issue a full refund to the original payment method for the items received, provided they are in an acceptable condition (unused and in their original packaging) unless they are faulty (in which case clause 13 from the T’s & C’s shall apply) or you have obtained our prior written consent to return the products, (in which case clause 9 from the T’s and C’s shall apply).
8.3 You have 14 days after receipt of your goods to contact and notify us of your intent to return items.  You will have a further 14 days once the return is agreed to return items to our warehouse.  Where your order is delivered in multiple deliveries on different days then you must inform us your right to return within 14 days from the date on which you received the last delivery. After this period your right to return expires.  You will have a further 14 days once the return is agreed to return items to our warehouse. 
8.4 Please note this right to cancel or return does not apply and we do not offer any refunds in respect of:
8.4.1 any made-to-measure or custom-made products or products made to your specification or clearly personalised;
8.4.2 any products which are liable to deteriorate or expire rapidly;
8.4.3 any sealed products which cannot be returned due to health protection or hygiene reasons if they have been opened or unsealed by you; or
8.4.4 any products which have been mixed inseparably with other items by you after delivery.
8.5 To exercise your right to cancel or return you must inform us of your decision within the period stated above by any of the following methods:
·      by sending an e-mail cx@bodyguardworkwear.co.uk;
·      calling us on 0121 359 8880 and speaking with our customer experience team.
8.6 You may wish to keep a copy of your communication relating to your return for your own records.
8.8 We suggest that products are sent by registered post with your local post office or by courier so that you can track the items and that you always retain evidence of posting and the tracking number until you have been refunded.
8.9 You are liable for paying the return delivery costs unless you are returning the products because they are faulty, or items which were incorrect due to an error by Bodyguard Workwear.
8.10 It is our normal practice to replace any product which, on delivery to you, is not in a usable condition. No handling charge will be made in these circumstances. However, before offering such replacement, we may require you to return the product to us (at your own expense) for examination so we can determine whether the product is genuinely not usable. If requested by us to return the product for examination, you should ensure the product is thoroughly cleaned and adequately packed before sending it to us.
8.11 No products may be returned to us by you, or a third party nominated by you without our prior written consent. Where we consent to you returning products to us, you must:
(a) ensure that the products which are sent back to us are in an acceptable condition (unused and in their original packaging)
(b) be accompanied by the returns form that will be sent to you by our team.  The email you receive will include instructions on completing the form correctly.
(c) be aware you may be required to pay an administrative handling charge for the return which shall be determined when authorising the specifics of the products being returned.  This is unlikely to be a sum higher than an amount equal to 20% of the invoice value of the products being returned.
 
 
Refunds
8.12 If you return your order in accordance with clause 8.11 of these terms and conditions, you will receive a full refund of the price you paid for the products.
If you return items that you have received for any reason other than (i) they were faulty or (ii) other than incorrect items were sent by us, we will refund you for the goods after they are received back to our warehouse, and they have been inspected except in the circumstances described in clause 8.13.  Your delivery charge will only be refunded in the case of items being returned for reason (i) or (ii) in this paragraph. 
8.13 You have a legal obligation to take reasonable care of the items while they are in your possession and are responsible for the risk of damage during transport. If on inspection of the returned products we believe that they have been damaged or their value have been diminished as a result of your handling of the products beyond what would have been necessary to establish the nature, characteristics and functioning of the products or if the products have been damaged in transit then we may deduct an amount equal to the damage or diminishment in value from the refund owed to you.
8.14 We will process the refund due to you as soon as possible and, in any case, no later than:
(a) 14 days after the day we receive the returned items from you; or
(b) if earlier, 14 days after the day you provide us with evidence that you have returned the items; or
(c) if you are not yet in receipt of the items, 14 days after the date on which you have informed us that you wish to cancel.
8.15 We will make the refund using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. In any event, you will not be charged by us as a result of the reimbursement.
 
 
9. OTHER CONSUMERS' RETURNS
9.1 If you wish to cancel an order or return products after the expiry of the returns period in clause 8 (see clauses 8.2 and 8.3) you can only do so with our consent. Where we consent to you cancelling and returning products to us, you must:
(a) ensure that the products which are sent back to us are in resaleable condition and in their original packaging where applicable; and
(b) you may be required to pay an administrative handling charge for the return which shall be determined when authorising the specifics of the products being returned.  This is unlikely to be a sum higher than a sum equal to 20% of the invoice value of the products being returned.
 
 
10. DELIVERY
10.1 We will try to send you your order by the estimated delivery date set out in the order confirmation email and in the event we are unable to meet the date we will make contact with you to advise and discuss, unless we are prevented from doing so by any event outside of our reasonable control (as described in clause 17 below).
10.2 Delivery will be completed when we deliver the products to the delivery address you gave us when placing your order.
10.3 If no one is available to take delivery at the delivery address you have given us, you will be notified by our carrier partner, in which case please follow the instructions on the card our carrier will leave to re-arrange delivery.
 
11. LEGAL RIGHTS
11.1 We are legally required to supply products which conform to our contract with you. As a consumer, you will always have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by the returns policy in these terms and conditions. Further advice can be obtained from your local Citizens' Advice Bureau.
 
12. RESPONSIBILITY FOR AND OWNERSHIP OF THE PRODUCTS
12.1 You are responsible for loss or damage to products you have ordered on delivery of those products to the delivery address you gave us.
12.2 You may use or resell those products on your own account in your ordinary course of trade,
 
 
13. QUALITY OF THE PRODUCTS
13.1 We provide a warranty that on delivery and for period of 1 month from delivery, the products shall be free from material defects ("warranty period").
13.2 If during this warranty period there is any material breach of clause 13.1, then you must notify us promptly and we will, at our option, repair or replace the relevant product (or any defective part) or offer a refund of all or a fair and reasonable part of the price paid for the relevant item once you have returned the item to us. Provided we comply with this clause 13.2, we shall have no further liability in respect of the products (except for any rights you may have as a consumer, if relevant).
13.3 The warranty in clause 13.1 does not apply to any defect in the products arising from:
13.3.1 fair wear and tear;
13.3.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
13.3.3 any failure by you to operate or use the products in accordance with the user instructions;
13.3.4 any alteration or repair by you or by a third party who is not one of our authorised repairers; or
13.3.5 any specification provided by you.
13.4 Where you are purchasing the products as a consumer, the warranty described above is in addition to your legal rights in relation to products that are faulty or not as described.
 
14. RECALLS
In the event that it is necessary for us to initiate a recall of certain products, you shall cooperate with us in such recall and shall promptly return the affected products.
 
 
15. OUR LIABILITY
15.1 We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we accepted your order.
15.2 We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3 We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any breach of any terms implied by law.
15.4 Any claims for non-delivery of products which you have ordered must be made in writing to us within 10 days of the estimated date of delivery shown on the dispatch confirmation email.
15.5 Any claims for shortages in deliveries or damage to products must be made in writing to us within 3 days of receipt by you of the products.
15.6 We shall only be liable to you in respect of claims notified to us in accordance with these terms and in particular clauses 15.1 and 15.2 above.
15.7 Our liability for any claims arising out of or in connection with a contract, the products, any delay or failure to supply the products, any defects in the products or in any other way related to the products or our contract concerning the products, however arising shall be limited in respect of all claims in aggregate to a sum equal to the price paid (exclusive of VAT) by you for the affected products under the individual contract.
15.8 Notwithstanding any other provision of these terms, but subject to clause 15.11, we shall have no liability to you or your business however arising out of or in connection with the products, any delay or failure to supply the products, any defects in the products or in any other way related to the products or our contract concerning the products for any:
15.8.1 direct or indirect loss of or damage to:
(a) profit;
(b) revenue;
(c) business;
(d) contract, loss of other contracts or of production or other downtime;
(e) loss of bargain;
(f) opportunities;
(g) anticipated savings;
(h) data;
(i) goodwill;
(j) reputation;
(k) use;
15.8.2 indirect or consequential loss or damage; or
15.8.3 claim arising out of a claim against you or your business by a third party.
15.9 You agree that each of the sub-clauses in clause 15.8 and each of the sub-paragraphs 15.8, 15.8.1(a) to 15.8.1(k) in sub-clause 15.8.1 constitute separate terms and the introductory wording of clause 15.8 shall be applied to each of them separately. If there is any claim or finding that any such individual sub-clause or sub-paragraph is unenforceable for any reason, such unenforceability shall not affect any other provision within clause 15.8 or otherwise.
15.10 The term "however arising" when used or referred to in clause 15 covers all causes and actions giving rise to the liability on our part arising out of or in connection with the products, any delay or failure to supply the products, any defects in the products or in any other way related to the products or our contract concerning the products including (i) whether arising by reason of any misrepresentation, negligence, breach of statutory duty, other tort, repudiation, renunciation or other breach of contract, restitution or otherwise; or (ii) whether caused by any total or partial failure or delay in supply of the products or defective products.
15.11 The exclusions and limitations of liability contained in these terms shall apply regardless of whether the loss or damage was foreseeable or whether you notify us of the possibility of any greater loss or damage but no such exclusion or limitation shall apply to the extent prohibited or limited by law and in particular nothing in these terms shall affect liability:
15.11.1 for death or personal injury caused by negligence to the extent prohibited by the Unfair Contract Terms Act 1977;
15.11.2 for fraudulent misrepresentation or other fraud;
15.11.3 for any breach of any obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; or
15.11.4 to the extent prohibited by the Consumer Protection Act 1987.
15.12 These terms, together with those in any document referred to, constitute the entire agreement and understanding between you and us and supersede any previous agreement or understanding we may have regarding each contract.
15.13 You acknowledge and agree that subject to clause 15.11.2:
15.13.1 in placing orders and entering into contracts you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty (in each case whether negligently or innocently made), or understanding of any person which is not expressly set out in these terms (or other documents referred to); and
15.13.2 the only remedy available to you for breach of any statement, representation or other term that is expressly set out in these terms (or other documents referred to) shall be for breach of contract under the terms of the relevant contract.
 
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by an event outside our reasonable control for example failures by third parties to supply us with products, strikes, or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or transport methods including severe congestion.
16.2 If we are unable to perform our obligations to you as a result of any event outside our control we will contact you as soon as reasonably possible and our obligations to you shall be suspended for the duration of the event outside our control. If this affects our delivery of products to you, we will arrange a new delivery with you as soon as we are able to confirm this.
 
17. HOW WE USE YOUR PERSONAL INFORMATION
We will only use personal information provided by you in accordance our Privacy Policy a copy of which can be viewed at Privacy Policy. Please take the time to read this.
 
18. OTHER IMPORTANT TERMS
18.1 We may transfer our rights and obligations under any contract with you to another organisation, but this will not affect your rights under these terms and conditions.
18.2 You may only transfer your rights or your obligations under these terms and conditions to another person or entity if we agree in writing.
18.3 The contract for the purchase of the products is between you and us. No other person shall have any rights to enforce any of its terms.
18.4 Each clause of these terms and conditions are separate and if any court or relevant authority decides that any of them are unlawful or unenforceable, the other clauses will remain in full force and effect.
18.5 If we do not insist that you perform any of your obligations under these terms and conditions, or where we do not enforce or delay enforcing our rights, that will not mean that we have waived our rights nor that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.6 These terms and conditions are governed by English law.
18.7 If you are a consumer it is agreed that the English courts shall have non-exclusive jurisdiction to deal with any dispute or claim arising out of or in connection with any product or these terms and conditions. If you are a consumer resident in Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a consumer resident in Scotland, you may also bring proceedings in Scotland.