01642 671400
Basket £ 0.00

Terms and Conditions  

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

 

You should print a copy of these terms and conditions for future reference.

 

Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

 

These terms and conditions were last reviewed in May 2023.

1. Information about us

 

www.bytheways.co.uk is a site operated by Bytheways Limited (we). We are registered in England and Wales under company number 4668635 and with our registered office at Unit 13 Woodstock Court, Bowesfield Crescent, Bowesfield Industrial Estate, Stockton on Tees, TS18 3BL. Our VAT number is GB 829413127.

2. Service availability

 

Our site is only intended for use by people resident in Mainland UK (Serviced Countries). We do not accept orders from individuals outside those countries.

3. Your status

 

By placing an order through our site, you warrant that:

 

a)     You are legally capable of entering into binding contracts

b)     You are at least 18 years old

c)     You are resident in one of the Serviced Countries

d)     You are accessing our site from that country

4. How the contract is formed between you and us

 

a)     After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been despatched (the Despatch Confirmation). The contract between us (Contract) will only be formed when we send you the Despatch Confirmation.

b)     The Contract will relate only to those Products whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.

5. Consumer rights

 

a)     If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).

b)     To cancel a Contract, you must inform us in writing (email or post) or by telephone (see Contact Us page). You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

c)     Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Order Confirmation. This provision does not affect your statutory rights.

6. Availability and delivery

 

Your order will be fulfilled within a reasonable time of the date of the Despatch Confirmation, unless there are exceptional circumstances. See Delivery page for usual delivery times.

7. Risk and title

 

a)     The Products will be at your risk from the time of delivery.

b)     The title of goods supplied and the equitable ownership shall remain with us the seller until full payment has been received by us for all monies due in respect of the goods supplied including delivery charges.

 

8. Price and payment

 

a)     The price of any Products will be as quoted on our site, except in cases of obvious error.

b)     These prices include VAT but are displayed ex VAT. Delivery costs and VAT will be displayed and added to the total amount due at Checkout stage. Delivery costs are as set out in our Delivery Guide.

c)     Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.

d)     We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Despatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

e)     Payment for all Products for a standard account must be by credit or debit card. Currently accepted cards are Visa Debit, Visa Credit, Mastercard and American Express.

f)       If the product is no longer available, a full refund will be given. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

 

 

If with our agreement we grant you a credit account facility the following conditions also apply;

 

g)     We may invoice you for the goods at any time after receiving your order.

h)     Payment by you of the price for the goods is due by the 30th day of the month following the month in which the invoice is dated

i)       You must clearly identify to which invoice and/or credit note any settlement relates. If you fail to do this then we may, at its discretion, treat the settlement as if it had not been made or as settlement of your oldest outstanding invoice.

j)       You shall make payment to us in respect of the invoice:

  1. without any set off (whether in relation to such invoice or otherwise) and
  2. in the currency that the invoices are rendered.

k)     Other than in relation to shortages and/or picking errors within a period of 3 working days following receipt of any invoice issued under condition F you shall be entitled to notify us of any disputes of items contained within the invoice such notice contain all known details of the reasons for such dispute and your proposals to resolve such dispute.

l)       If you fail to serve notice disputing any invoice within the applicable period you will pay such invoice within the period stated in condition g.

m)   If you serve notice disputing items of an invoice number condition j you will on the due date for payment in accordance with condition g pay that part of the invoice not so disputed. Any matters in dispute will be referred for resolution between nominated representatives of you and us.

n)     If no resolution can be agreed, and there is no evidence to the contrary, the outcome of our investigation into a disputed invoice shall be definitive.

  • o)     If it is agreed or determined pursuant to conditions j-m that
  1. If sums are payable by you to us then these sums will be paid within 5 working days of such agreement or determination or in accordance with the applicable period stated in condition g whichever is later.
  2. If any invoice issued by us overcharged you then we will issue a credit note to you for such an amount together with all applicable VAT.

p)     If you fail to make any payment on the date due then, without prejudice to any other right or remedy available to us we shall be entitled to;

  1. Bring an action against you for the price of the goods notwithstanding the property in the goods has not passed to you.
  2. Charge interest on that payment until the date of payment (both before and after judgment) on a day-to-day basis at an annual rate of 4% above Coutts and Co base rate from time to time.
  3. Cancel the contract or suspend any further deliveries to you without liability to you.
  4. Appropriate any payment made by you to such goods (or to such goods as are supplied under any other contract between you and us) as we may think fit (notwithstanding any purported appropriation by you).
  5. Issue a notice to you following which all sums due under the contract and any other contract between you and us shall become immediately due and payable.
  6. Require the immediate return to us of all goods agreed to be sold by us to you in which the property has not passed to you (as specified in condition 7) and you agree to reimburse us upon demand our reasonable costs or expenses in recovering such goods.
  7. Claim compensation for the recovery of debt and charge you for all reasonable costs incurred to recover the debt.
  8. Set off any amounts it may owe to you against such amounts due to it.
  9. Cancel or suspend any rebates, bonuses or any other price reductions until such time as the invoice has been settled in full.

9. Our returns and refunds policy

 

q)     Statutory 'Cooling Off' Period - if you have cancelled the Contract between us within the 7 working days cooling-off period (see clause 5.a above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.

r)      Shortages - if you receive an incomplete delivery, you must notify us by email or phone within 3 working days of receipt of the delivery. We will investigate and respond to you within 3 working days of your notification.

s)     Defective product - if equipment doesn't work ('dead on arrival') or if you consider the product to be defective, you must notify us by email or phone within 3 working days of receipt of the delivery. (For periods greater than 30 days we may ask to contact the manufacturer directly). We will arrange collection from you, and arrange for a replacement Product to be despatched within 5 working days of collection. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and a reasonable cost incurred by you in returning the item to us.

t)       Wrong Product(s) delivered - you must notify us by email or phone within 3 working days of receipt of the delivery. We will arrange for the collection of the product, and for the correct Product to be despatched, as originally ordered within 5 working days of collection. Alternatively, you may choose to take a refund and place a new order on the website.

u)     Damaged Product - you must notify us by email or phone within 3 working days of receipt of the delivery. We will arrange for the collection of the product, then examine the returned Product and will notify you of your replacement via e-mail within 5 working days of collection.

v)     We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

10. Our liability

 

a)     We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

 

b)     Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Product you purchased.

 

c)     This does not include or limit in any way our liability:

 

  1. For death or personal injury caused by our negligence;
  2. Under section 2(3) of the Consumer Protection Act 1987;
  3. For fraud or fraudulent misrepresentation; or
  4. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

 

d)     We are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:

  1. Loss of income or revenue
  2. Loss of business
  3. Loss of profits or contracts
  4. Loss of anticipated savings
  5. Loss of data, or
  6. Waste of management or office time however arising, breach of contract or otherwise;

    provided that this clause 10.d shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10 a) or clause 10 b) or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 10 d).

11. Written Communications

 

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

12. Notices

 

All notices given by you to us must be given to us Bytheways, Unit 13 Woodstock Court, Bowesfield Crescent, Bowesfield Industrial Estate, Stockton on Tees, TS18 3BL, or at sales@bytheways.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

13. Transfer of rights and obligations

 

a)     The contract between you and us is binding on you and us and on our respective successors and assigns.

b)     You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

c)     We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

14. Events outside our control

 

a)     We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

b)     A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

 

  1. Strikes, lock-outs or other industrial action
  2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
  3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
  4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
  5. Impossibility of the use of public or private telecommunications networks and
  6. The acts, decrees, legislation, regulations or restrictions of any government.

 

c)     Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

 

 

15. Waiver

 

a)     If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

b)     A waiver by us of any default shall not constitute a waiver of any subsequent default.

c)     No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.

16. Severability

 

If any of these terms and Conditions or any provisions of a Contract 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.

17. Entire agreement

 

a)     These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.

b)     We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.

c)     Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.

d)     Nothing in this clause shall limit or exclude any liability for fraud.

 

 

 

18. Our right to vary these terms and conditions

 

a)     We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods and changes in relevant laws and regulatory requirements and changes in our system's capabilities.

b)     You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Despatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

19. Law and jurisdiction

 

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.