Terms of service

Broccoli & Bees Limited

1.     These terms may have changed since you last reviewed them

We advise you to print a copy of these terms and conditions for future reference.

2.     Where to find information about us and our products

2.1. Our website address is www.broccoliandbees.com (“our website”). Our website is operated by Broccoli & Bees Limited. We are registered in England and Wales with company number 16715811 and our registered office is:

2.1.1.                   Holt Hall, Holt Lane, Matlock, Derbyshire, England, DE4 3LY

2.2. Please note that returns should not be sent to the above address, for returns information see section 15.

2.3. You can find everything you need to know about us, Broccoli & Bees Limited, and our products on our website before you order. We also confirm the key information to you in writing after you order, by email.

2.4. When placing an order on our website, please click on the button marked "I Accept" at checkout if you accept these terms. Please understand that if you refuse to accept these terms, you will not be able to place an order on our website.

3.     We don't give business customers all the same rights as consumers

For example, business customers cannot cancel their orders, they have different rights where there is a problem with a product and we do not compensate them in the same way for losses caused by us or our products. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft, or profession, even if you are an individual.

4.     When you buy from us you are agreeing that you are legally capable of entering into binding contracts, and you are at least 18 years old.

5.     If you are a business customer this is our entire agreement with you

If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

6.     We only accept orders when we've checked them

After placing an order, we will contact you to acknowledge that we have received your order. Please note that this does not mean your order has been accepted. Your order constitutes an offer to us to purchase a product. All orders are subject to acceptance by us, and we accept the order when we dispatch or supply the product to you. Even when payment is taken before the contract between us is formed (the "Contract"), the Contract will only be formed when the product has been dispatched or supplied to you.

7.     Sometimes we reject orders

7.1. Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because you are located outside our delivery areas, as stated on our website, or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

7.2. Despite our best efforts, some products may be incorrectly priced. If we discover an error in the price of the products you have ordered, we reserve the right to cancel your order. We will inform you of this as soon as possible and provide a full refund of any sums paid. We are not obliged to supply products at an incorrect price.

7.3. We may also refuse or cancel an order where we reasonably suspect fraudulent activity or unauthorised payment.

8.     Ownership and Delivery

8.1. We charge you when you order and you will own the product once we have received payment in full (including delivery charges), and the goods have been delivered.

8.2. Delivery occurs when the goods arrive at your delivery address.

8.3. If delivery fails because you have provided incorrect or incomplete delivery information, we may charge you for the reasonable cost of re-delivery.

8.4. We will aim to deliver products within 30 days of acceptance of your order unless a different timeframe is agreed with you. All delivery dates are estimates only.

8.5. The products will be at your risk from the time of delivery.

8.6. We reserve the right to cancel orders where payment is not received.

8.7. If you dispute a payment with your bank or card provider, we encourage you to contact us first at: info@broccoliandbees.com so that we can try to resolve the issue. Where a chargeback is raised incorrectly or fraudulently, we reserve the right to recover our reasonable direct costs.

9.     If you are a business customer, you have no set-off rights

If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

10.  We charge interest on late payments

10.1. Unless otherwise agreed in writing, products will not be supplied until payment has been made in full. In cases where a separate agreement exists, the standard payment terms will be 7 days from the date of invoice, unless otherwise specified in the agreement. If payment is not made within the agreed payment terms, the provisions under clause 10.2 will apply.

10.2. If we are unable to collect any payment you owe us, we reserve the right to charge interest on the overdue amount at the rate of 2% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

11.  We pass on increases in VAT

If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

12.  We're not responsible for delays outside our control

12.1. If our supply of your product is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial, you can contact us at info@broccoliandbees.com to end the Contract and receive a refund for any products you have paid for in advance, but not received.

12.2. Events outside our control include, but are not limited to:

12.2.1.  courier delays or failures

12.2.2.  postal service delays

12.2.3.  strikes

12.2.4.  fire, flood, or natural disaster

12.2.5.  pandemics or public health emergencies

12.2.6.  failure of suppliers

12.2.7.  internet or system failures

13.  Products can vary slightly from their pictures

13.1. We make all reasonable efforts to ensure that all descriptions and images of goods available on our website match the actual goods. Please note:

13.1.1.  Images of goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product due to differences in computer or device displays and lighting conditions;

13.1.2.  Images or descriptions of packaging are for illustrative purposes only and the actual packaging may vary.

14.  We charge you if you don't give us information we need

14.1. If you don't give us information we've asked for about how we can effect delivery, we may charge you for storage and for further delivery costs.

14.2. If, despite our reasonable efforts, we cannot contact you or cannot arrange for re-delivery or collection of the goods, we may end the Contract and issue you with a refund. We may deduct a reasonable sum in compensation for any net costs incurred by us as a result.

15.  If you are a consumer and you bought online, you have a legal right to change your mind

15.1. Your legal right to change your mind:

15.1.1.  For most of our products bought online, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.

15.2. When you can't change your mind:

15.2.1.  You can't change your mind about an order for:

15.2.1.1. goods that are made to your specifications or are clearly personalised; and,

15.2.1.2. goods which become mixed inseparably with other items after their delivery.

15.3. The deadline for changing your mind:

15.3.1.  If you change your mind about a product, you must let us know no later than 14 days after the day we deliver your product. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.

15.4. How to let us know:

15.4.1.  To let us know you want to change your mind, contact us at: info@broccoliandbees.com

15.5. You have to return the product at your own cost:

15.5.1.  You have to return the goods to us within 14 days of your telling us you have changed your mind. Returns are at your own cost unless we offered free returns when you bought the goods.

15.5.2.  To start a return, you must contact us at info@broccoliandbees.com to tell us that you wish to return the goods. We will then provide you with return instructions and the appropriate return address.

15.5.3.  Send the product back to us, using an established delivery service, in accordance with the return instructions provided. Returns must not be sent to our registered office address. You should keep a receipt or other evidence from the delivery service that proves you have sent the product and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won't refund you the price.

16.  We only refund standard delivery costs. For example, we don't refund any extra you have paid for express delivery or delivery at a particular time.

17.  We reduce your refund if you have used or damaged a product. If you damage the product, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", price tags have been removed, the packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due.

18.  When and how we refund you. We refund you within 14 days of receiving the goods back from you (or receiving evidence you have sent them to us). We refund you by the method you used for payment. We don't charge a fee for the refund.

19.  You have rights if there is something wrong with your product

19.1. Return the product to us. If you think there is something wrong with your product, you must contact us: info@broccoliandbees.com

19.2. Your rights and remedies if you are a consumer. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that You have several options for resolving disputes with us.

20.  Summary of your key legal rights

20.1. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: 20.2. Up to 30 days: if your goods are faulty, then you can get a refund. 20.3. Up to six months: if your goods can't be repaired or replaced, then you are entitled to a full refund, in most cases. 20.4. Up to six years: if your goods do not last a reasonable length of time, you may be entitled to some money back.

21.  Your rights if you are a business:

21.1. We warrant that on delivery, any products which are goods shall:

21.1.1.  conform with their description in all material respects;

21.1.2.  be free from material defects in design, material, and workmanship; and,

21.1.3.  be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).

22.  Your remedies if you are a business:

22.1. Unless an exception applies (see Exceptions to business customers' warranty) if:

22.1.1.  you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the business customer warranty (see Your rights if you are a consumer);

22.1.2.  we are given a reasonable opportunity of examining such product; and,

22.1.3.  you return such product to us at our cost,

22.2. we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full and this will be your only remedy for breach of the warranty. These terms shall apply to any repaired or replacement products supplied by us.

23.  Exceptions to business customers' warranty:

23.1. We will not be liable for a product's failure to comply with the business customer warranty (see Your rights if you are a business) if:

23.1.1.  you make any further use of such product after telling us it is non-compliant;

23.1.2.  the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use, or maintenance of the product or (if there are none) good trade practice;

23.1.3.  the defect arises because we followed any drawing, design or specification supplied by you;

23.1.4.  you alter or repair the product without our written consent; or,

23.1.5.  the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

24.  We can change products and these terms

24.1. Before the Contract is formed, we can always change a product:

24.1.1.  to reflect changes in relevant laws and regulatory requirements; or,

24.1.2.  to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of the product.

25.  We can withdraw products

25.1. We can stop providing a product. In this scenario, we will let you know and we refund any sums you have paid in advance for products which won't be provided.

26.  We can end our Contract with you

26.1. We can end our Contract with you for a product and claim any compensation due to us including enforcement costs if:

26.1.1.  you don't make any payment to us when it's due and you still don't make payment within 7 days of our reminding you that payment is due;

26.1.2.  you don't, within a reasonable time of us asking for it, provide us with information, cooperation, or access that we need to provide the product, for example, your delivery address.

27.  We don't compensate you for all losses caused by us or our products

27.1. Our liability to consumers:

27.1.1.  Nothing in these terms affects your statutory rights. We're not responsible for losses you suffer caused by us breaking this Contract if the loss is:

27.1.1.1. Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).

27.1.1.2. Caused by a delaying event outside our control. As long as we have taken the steps set out in the section, We're not responsible for delays outside our control.

27.1.1.3. Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.

27.2. Our liability for any loss you suffer in connection with your trade, business, craft, or profession is limited, as described in Our liability to businesses.

28.  Our liability to businesses:

28.1. If you are a business, then, except in respect of the losses described in Losses we never limit or exclude:

28.1.1.  we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any Contract between us; and,

28.1.2.  our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.

29.  Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:

29.1. death or personal injury caused by negligence to the extent preserved by section 2(1) of the Unfair Contract Terms Act 1977;

29.2. fraud or fraudulent misrepresentation;

29.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or,

29.4. defective products under the Consumer Protection Act 1987; or,

29.5. any liability that cannot legally be limited.

30.  No implied terms about goods. Except to the extent expressly stated in Your rights if you are a business, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.

31.  We use your personal data as set out in our Privacy Notice

31.1. How we use any personal data you give us is set out in our Privacy Notice: [LINK TO PRIVACY NOTICE] or https://www.broccoliandbees.com/policies/privacy-policy

32.  You have several options for resolving disputes with us

32.1. Our complaints policy. Contact us at: info@broccoliandbees.com and we will do our best to resolve any problems you have with us or our products.

32.2. Resolving disputes without going to court. Alternative dispute resolution or ‘ADR’ refers to ways of resolving disputes between a consumer and a trader without going to court. You can submit a complaint to Retail ADR through their website at https://www.retailadr.org.uk/. Retail ADR does not charge you for making a complaint and if you are not satisfied with the outcome, you can still go to court.

33.  Law and Jurisdiction

33.1. These Terms of Sale, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

33.2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in section 33.1 takes away from or reduces your legal rights as a consumer.

33.3. If you are a consumer, any dispute, controversy, proceedings, or claim between you and us relating to these Terms of Sale or to the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

33.4. If you are a business, any dispute, controversy, proceedings, or claim between you and us relating to these Terms of Sale or to the relationship between you and us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

34.  Other important terms apply to our Contract

34.1. We can transfer our Contract with you, so that a different organisation is responsible for supplying your product. We will contact you to let you know if we plan to do this. If you are a consumer and you are unhappy with the transfer you can contact our us at:  info@broccoliandbees.com to end the Contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

34.2. You can only transfer your Contract with us to someone else if we agree to this. We may not agree if we deem the transfer to be unfavourable. We can require the new owner to prove you transferred the product to them. If you are a business, you need our agreement to transfer your Contract with us, and it is entirely up to us whether we give it.

34.3. Nobody else has any rights under this Contract. This Contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

34.4. We may communicate with you electronically. You agree that we may communicate with you electronically by email or through our website. You agree that such electronic communication satisfies any legal requirement that communications be in writing.

34.5. If a court invalidates some of this Contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

34.6. Even if we delay in enforcing this Contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you are not allowed to, but that does not mean we cannot do it later.