Customer Terms


Bertha & Co Customer Terms

1.              These terms

1.1            What these terms cover. These are the terms and conditions on which the sellers who advertise their products for sale via our website (“Sellers”) supply products to you via our website.

1.2            Why you should read them. Please read these terms carefully before you submit your order. These terms tell you who we are, how Sellers will provide products to you, how you and we, and Sellers may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us.

1.3            Information about us and how to contact us

(a)        Who we are. We are Bertha & Co. Ltd, a company registered in England and Wales with company number 10557626 of Bertha House, Thorns Cottages, Woodbury, Devon, England, EX5 1LR, trading as Bertha & Co (“we, “us”, “Bertha & Co”).

(b)       How to contact us. You can contact us by emailing us at info@berthaandco.com.

(c)        Our website. www.berthaandco.com (“website”) which includes the web pages of each Seller offering products for sale (“Storefront.”)

1.4            Information about Sellers. The names and contact information of each Seller is displayed on their Storefront.

1.5            How we or Sellers may contact you. If we have to contact you we will do so by writing to you at the email address you provided to us in your order.

1.6            "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

2.              How our service works

2.1            How the order process works. When you submit an order via our website, we act as the Seller’s agent to process your payment and communicate the Seller’s acceptance of your order to you. The order process is as follows:

(a)        you submit an order request via the website

(b)       we send you an automated email letting you know your order is being processed

(c)        we communicate your order request to the Seller

(d)       the Seller tells us whether they accept your order

(e)        if the Seller accepts the order we send you a confirmation email and take payment from you on behalf of the Seller, the contract between you and the Seller is formed at this point

(f)         the Seller completes the order direct to you, including keeping you informed of delivery of your products

2.2            The resulting contract is between you and the Seller, Bertha & Co does not sell you the product nor does it have any control over Sellers or the products they sell. We do not review or control, and are not responsible for listings provided by Sellers and we do not possess products offered for sale by Sellers through the website.

2.3            The contract between you and the Seller is comprised of these Customer Terms, the email confirmation of your order and the details on the Seller’s product page and Storefront. Each order you place shall be deemed to be an offer by you to purchase the products on those terms.

2.4            If there is any conflict or inconsistency between these Customer Terms and the email confirmation of your order or the applicable details on the product page, these Customer Terms shall prevail to the extent of the conflict or inconsistency.

2.5            Because we are the agent of the Seller and we do not sell the products, Bertha & Co is not responsible in the event there is any problem with the product. This disclaimer does not affect your rights against the Seller with whom the contract is formed.

2.6            How the Seller will accept your order. The Seller’s acceptance of your order will take place when we email you to tell you the Seller has accepted it, at which point a contract will come into existence between you and the seller.

2.7            If the Seller cannot accept your order. If the Seller is unable to accept your order, we will inform you of this by email and the Seller will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on the Seller’s resources which they could not reasonably plan for, because the Seller has identified an error in the price or description of the product or because the Seller is unable to meet a delivery deadline you have specified.

2.8            Your order reference. We will assign an order reference to your order and tell you what it is when we communicate acceptance of your order. It will help if you quote the order reference whenever you contact the Seller about your order.

3.              The products

3.1            Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although Sellers have made every effort to display the colours accurately, Sellers cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although Sellers have made every effort to be as accurate as possible, because products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 4% tolerance.

3.2            Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

3.3            Making sure your measurements are accurate. If products are made to measurements you have given to Sellers, you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us.

4.              Your rights to make changes to your order

4.1            If you wish to make a change to the product you have ordered please contact the Seller. The Seller will let you know if the change is possible. If it is possible the Seller will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If the Seller cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7 - Your rights to end the contract).

4.2            Any refunds provided as a result of your request to change your order will be processed by us on behalf of the Seller. The Seller will not provide refunds directly to you.

5.              The Seller’s rights to make changes

5.1            Minor changes to the products.  The Seller may change the product:

(a)        to reflect changes in relevant laws and regulatory requirements; and

(b)       to implement minor technical adjustments and improvements. These changes will not affect your use of the product.

6.              Providing the products

6.1            Delivery costs. The costs of delivery will be as displayed to you on our website.

6.2            When the Seller will provide the products. The Seller will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we send you an email confirming the Seller’s acceptance of your order.

6.3            Sellers are not responsible for delays outside their control. If the supply of the products is delayed by an event outside the Seller’s control then they will contact you as soon as possible to let you know and the Seller will take steps to minimise the effect of the delay. Provided the Seller does this they will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact the Seller to end the contract and receive a refund for any products you have paid for but not received.

6.4            If you do not re-arrange delivery. If after a failed delivery of products to you, you do not re-arrange delivery or collect them from a delivery depot, the Seller will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite their reasonable efforts, the Seller is unable to contact you or re-arrange delivery or collection they may end the contract and clause 9.2 will apply.

6.5            Your legal rights if the Seller delivers goods late. If the Seller misses the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:

(a)        the Seller has refused to deliver the goods;

(b)       delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

(c)        you told the Seller before or when you submitted your order that delivery within the delivery deadline was essential.

6.6            Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 6.5, you can give the Seller a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if the Seller does not meet the new deadline.

6.7            Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 6.5 or clause 6.6, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will process a refund on behalf of the Seller for any sums you have paid for the cancelled goods and their delivery.  If the goods have been delivered to you, you must post them back to the Seller. The Seller will pay the costs of postage or collection.

6.8            When you become responsible for the goods. A product will be your responsibility from the time the Seller delivers the product to the address you gave us.

6.9            When you own goods. You own a product once we have received payment in full on behalf of the Seller.

6.10         What will happen if you do not give required information. The Seller may need certain information from you so that they can supply the products to you, for example, any information required for a personalised item. If so, this will have been stated in the description of the products. If you do not provide this information within a reasonable time being asked for it, or if you give incomplete or incorrect information, the Seller may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate for any extra work that is required as a result. The Seller will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving the Seller the information they need within a reasonable time of their asking for it.

6.11         Reasons the Seller may suspend the supply of products to you. The Seller may have to suspend the supply of a product to:

(a)        deal with technical problems or make minor technical changes;

(b)       update the product to reflect changes in relevant laws and regulatory requirements; or

(c)        make changes to the product as requested by you or notified by the Seller to you (see clause 5).

7.              Your rights to end the contract

7.1            You can always end your contract with the Seller.  Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how the Seller is performing and when you decide to end the contract:

(a)        If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced by the Seller or to get some or all of your money back from the Seller), see clause 10;

(b)       If you want to end the contract because of something the Seller has done or have told you they are going to do, see clause 7.2;

(c)        If you have just changed your mind about the product, see clause 7.3. You may be able to get a refund from the Seller if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;

(d)       In all other cases (if the Seller is not at fault and there is no right to change your mind), see clause 7.6.

7.2            Ending the contract because of something the Seller has done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will process the refund by the Seller in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a)        the Seller has told you about an upcoming change to the product or these terms which you do not agree to;

(b)       the Seller has told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(c)        there is a risk that supply of the products may be significantly delayed because of events outside the Seller’s control; or

(d)       you have a legal right to end the contract because of something the Seller has done wrong.

7.3            Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. 

7.4            When you do not have the right to change your mind.  You do not have a right to change your mind in respect of:

(a)        products made to your specification or clearly personalised;

(b)       products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

(c)        sealed audio or sealed video, once these products are unsealed after you receive them; and

(d)       any products which become mixed inseparably with other items after their delivery.

7.5            How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.

(a)        You have 14 days after the day you (or someone you nominate) receives the products, unless:

(i)         Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.

(ii)        Your goods are for regular delivery over a set period.  In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.

7.6            Ending the contract where the Seller is not at fault and there is no right to change your mind. Even if the Seller is not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract before it is completed, but you may have to pay the Seller compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where the Seller is not at fault and you have not changed your mind, just contact the Seller to let them know. The contract will end immediately and with will process a refund on behalf of the Seller for any sums paid by you for products not provided but they may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs they will incur as a result of your ending the contract.

8.              How to end the contract with the Seller (including if you have changed your mind) and ask for a Refund

8.1            To end the contract or ask for a refund, email us quoting your order reference at info@berthaandco.com.

8.2            Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to the Seller.   You must post them back to the address provided by the Seller or (if they are not suitable for posting) allow the Seller to collect them from you.  If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

8.3            When the Seller will pay the costs of return. The Seller will pay the costs of return:

(a)        if the products are faulty or mis-described;

(b)       if you are ending the contract because we or the Seller have told you of an upcoming change to the product or these Customer Terms, an error in pricing or description, a delay in delivery due to events outside the Seller’s control or because you have a legal right to do so as a result of something we or the Seller have done wrong; or

(c)        in all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.  

8.4            What the Seller charges for collection. If you are responsible for the costs of return and the Seller is collecting the product from you, the Seller will charge you the direct cost to them of collection.

8.5            How we will process your refund on behalf of the Seller.  Our role is agent for the Seller for the purpose of processing refund payments owed to you by them. We will process a refund to you for the price you paid for the products including delivery costs, by the method you used for payment. The Seller may make instruct us to make deductions from the price, as described below.

8.6            Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

(a)        The Seller may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If the Seller refunds you the price paid before the Seller is able to inspect the goods and later discovers you have handled them in an unacceptable way, you must pay the Seller an appropriate amount via us.

(b)       The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method the Seller offers. For example, if the Seller offers delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then the Seller will only refund what you would have paid for the cheaper delivery option.

8.7            When your refund will be made. We process refunds due to you on behalf of the Seller as soon as possible.  If you are exercising your right to change your mind then:

(a)        If the products are goods and the Seller has not offered to collect them, your refund will be made within 14 days from the day on which the Seller notifies us that they have received the product back from you or, if earlier, the day on which you provide the Seller with evidence that you have sent the product back to them and they notify us of that evidence. For information about how to return a product to us, see clause 9.2.

(b)       In all other cases, your refund will be made within 14 days of your telling the Seller you have changed your mind.

9.              Seller’s rights to end the contract

9.1            The Seller may end the contract if you break it. The Seller may end the contract for a product at any time by writing to you if:

(a)        you do not make any payment when it is due and you still do not make payment within 3 days of being reminded that payment is due;

(b)       you do not, within a reasonable time of the Seller asking for it, provide them with information that is necessary for the Seller to provide the products; or

(c)        you do not, within a reasonable time, allow the Seller to deliver the products to you or collect them from the Seller.

9.2            You must compensate the Seller if you break the contract. If the Seller ends the contract in the situations set out in clause 9.1 we will process a refund on the Sellers behalf of any money you have paid in advance for products the Seller has not provided but we may deduct or charge you as compensation for the net costs we will incur as a result of your breaking the contract

10.           If there is a problem with the product

10.1         Questions or complaints about the product. If you have any questions or complaints please contact the Seller directly via the contact information provided on their store front.

10.2         Summary of your legal rights. The Seller is under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

 

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

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:

·       up to 30 days: if your goods are faulty, then you can get an immediate refund. 

·       up to six months: if your goods cannot be repaired or replaced, then you're entitled to a full refund, in most cases. 

·       up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.  

 

10.3         Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to the Seller or (if they are not suitable for posting) allow the Seller to collect them from you. The Seller will pay the costs of postage or collection. Please contact the Seller direct to arrange for delivery by you or collection by them.

11.           Price and payment

11.1         Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. The Seller takes all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if the Seller discovers an error in the price of the product you order.

11.2         The Seller will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date the Seller supplies the product, on behalf of the Seller we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

11.3         What happens if the price displayed is wrong. It is always possible that, despite best efforts, some of the products may be incorrectly priced. The Seller will normally check prices before accepting your order so that, where the product's correct price at your order date is less than the stated price at your order date, the Seller will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, the Seller will contact you for your instructions before they accept your order.

11.4         If a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, the Seller may end the contract, refund you any sums you have paid on their behalf and require the return of any goods provided to you.

11.5         When you must pay and how you must pay. We will not take payment from you on behalf of the Seller until we send you an email confirmation that the Seller has accepted your order.

11.6         What to do if you think an invoice is wrong. If you think an invoice is wrong please contact the Seller promptly to let them know.

12.           Seller’s responsibility for loss or damage suffered by you

12.1         Bertha & Co and the Seller are responsible to you for foreseeable loss and damage caused by them. If we or the Seller fail to comply with these terms, we and/ or the Seller are responsible for loss or damage you suffer that is a foreseeable result of breaking this contract or failing to use reasonable care and skill.

12.2         Bertha & Co and the Seller 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.

12.3         Bertha & Co and the Seller do not exclude or limit in any way 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.

12.4         The Seller does not exclude or limit in any way their liability to you. This includes the right to receive products which are: as described and match information provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to the Seller; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.

12.5         Bertha & Co are not responsible for breach of your legal rights in relation to the products.

12.6         Bertha & Co and the Seller are not liable for business losses. Products advertised for sale on our website are only supplied for domestic and private use. If you use the products for any commercial, business or re-sale purpose we, nor Sellers will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.           How we may use your personal information

13.1         How we will use your personal information. We will use the personal information you provide to us:

(a)        to assist the Seller in supplying the products to you;

(b)       to process your payment for the products; and

(c)        if you agreed to this during the order process, to give you information about similar products and services that we provide, but you may stop receiving this at any time by contacting us.

13.2         We will only give your personal information to other third parties where the law either requires or allows us to do so.

14.           Other important terms

14.1         We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

14.2         Nobody else has any rights under this contract (except someone you pass your guarantee on to). No other person shall have any rights to enforce any of its terms. Nothing in this clause excludes the rights of Bertha & Co when acting as agent of any Seller.

14.3         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.

14.4         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.

14.5         Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products and this agreement in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

14.6         Complaints about our service. To make a comment or complaint about our website please contact us via the contact us page on our website https://www.berthaandco.com/pages/contact-us. Complaints about a specific Seller or products must be directed to the Seller concerned through the contact details provided on the order confirmation email that you receive or on their Storefront for resolution directly with them.

14.7         Alternative dispute resolution. If you have made a complaint and have exhausted all of the dispute resolution options available to you through our Site and with the Seller, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.