Term & Conditions of Sale

The products marketed on the www.austinbodd.com website (hereinafter) are sold and invoiced by AUSTIN BODD LTD, a company having its registered office at 20-22 Wenlock Road London United Kingdom, N1 7GU with business registration number 12557774, tax code UTR 79478 15457 and VAT registration.

For any information on purchase orders, deliveries and more please go to the Customer Care area where you will find more detailed information. For further assistance contact AUSTIN BODD customer care using our contact form.

GENERAL CONDITIONS OF SALE

1. Acceptance of the general conditions of sale and closing

1.1 AUSTIN BODD LTD offers for sale on www.austinbodd.com our products to end consumers, namely to persons who buy them for reasons unrelated to the activities, if any carried by said persons for business, entrepreneurial or professional purposes. AUSTIN BODD LTD therefore reserves the right not to process orders placed by persons other than the "consumer" or, in any case, orders that are not consistent with business policy.

1.2 The agreement executed between AUSTIN BODD LTD (hereinafter also the “Seller”) and the Customer shall be deemed binding upon acceptance of the order. AUSTIN BODD’s acceptance of the Customer's order will take place when AUSTIN BODD emails the Customer accepting it, at which point a contract will come into existence between the Customer and AUSTIN BODD. If AUSTIN BODD is unable to accept the Customer's order, we will inform you of this in writing and will not charge you for the product. For more detail's regarding rejection of a Customer's order see clause 2.4.

1.3 By placing an order with the order form on the website (hereinafter, the "Order"), customer declares that they have read and understood all of the indications given during the purchase procedure and that it accepts in full these general conditions (hereinafter, the "Conditions").

1.4 These Conditions may be printed or stored on permanent storage devices in accordance with the applicable legislation currently in force.

2. How to buy the products

2.1 The products offered for sale by AUSTIN BODD LTD are exclusively the ones displayed on the website when the order is placed as described in the relevant product information sheet.

It remains in any case understood that the images of the products on the website are for illustrative purposes only. Although AUSTIN BODD has made every effort to display the colors accurately, we cannot guarantee that a device's display of the colors accurately reflects the original color of the products. The product delivered to the Customer may vary slightly from those images.

Customer can place an order by completing the order form made available on the website and send it in accordance with the indications provided in the website after having carefully reviewed these conditions, the product specifications, the relevant price (inclusive of all applicable taxes and charges), and shipping costs (including the ancillary costs that may be incurred in case a shipping and delivery method quicker and/or different from the standard one is chosen). Customer shall also ask AUSTIN BODD by contacting the customer care if they wish to receive the invoice for the purchased product.

2.2 AUSTIN BODD will confirm that the order has been properly received by sending an email message to the address provided by customer, the email will contain the conditions of sale and the summary document on the right of withdrawal and therefore all of the information that is already contained in the summary of commercial and contractual conditions viewed prior to making the purchase (the products' main characteristics, detailed information on the price, terms of payment, return policy and shipping costs).

2.3 AUSTIN BODD may not process purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrectly populated or the products are no longer available. In the above cases, we shall inform you by email that the contract has not been executed and that AUSTIN BODD has not carried out your purchase order specifying the reasons thereof. If the products displayed on the website are no longer available once AUSTIN BODD received your order form, we shall inform you of the unavailability of the ordered products as soon as possible If the order form has been sent and the payment has been made for items that are no longer available, AUSTIN BODD will refund without undue delay the amount paid for those items and the contract between the parties will consider to have been terminated.

3. Price and Terms of payment

3.1 The prices indicated on the website are inclusive of taxes and VAT. When applicable customer shall be informed in advance of shipping costs or fees if any through the website.

3.2 Payment of the product prices and relevant costs for shipping and delivery must be made by using one of the procedures indicated on the order form such as Credit or Debit Card, PayPal or other payment procedures as indicated within the website on a case by case basis including cash-on-delivery option when present. Under no circumstance will costs that are higher than those effectively incurred by the seller be charged in relation to your selected payment method.

3.3 In case of payment by Credit/Debit Card, all details (for example, card number or expiration date) will be sent by encrypted protocol to Shopify Payments or other platforms which provide remote electronic payment services without third parties having any access thereto whatsoever. Such details will not be used by the AUSTIN BODD except for performing the procedure relevant to your purchase or issuing refunds in the case of returns in compliance with the exercise of your return right or for reporting cases of fraud to the police.

3.4 Under no circumstances and at no stage of the payment process will the details of the credit card of customer be disclosed to AUSTIN BODD staff as such details will be directly sent in a secure manner to the website of the processing platform or financial institution in charge of the transaction. Since none of such data will be stored in AUSTIN BODD’s files, AUSTIN BODD will not be liable for fraudulent and unlawful uses if any made by third parties of the customer’s credit card during the payment procedure.

3.5 The price for the purchase of products and the corresponding costs for shipping and delivery as indicated in the order form will be charged to your account only when the purchased products are actually shipped. In case of cash payment, the price will be paid at the delivery and in case of pre-orders please see the specific procedure at linking here.

4. Delivery of the products and relevant expenses

4.1 A product will be the customer's responsibility from the time AUSTIN BODD through its logistics services provider delivers the product to the address the customer has provided in the order form or when the customer collects the product from a collection address or service if provided. The customer owns a product once AUSTIN BODD has received payment in full.

4.2 AUSTIN BODD, its suppliers and its logistics service providers shall deliver the products purchased by customer at the address indicated by the latter in the order at the cost indicated in the website before the order is confirmed. For specific information on the shipping options please see here. Please note that AUSTIN BODD reserves the right to terminate the contract in the event that the customer repeatedly fails to take delivery.

4.3 To receive the delivery of the products, the customer shall sign the relevant receipt provided to him having checked that;

4.3.1 the number of items delivered corresponds with the number indicated in the bill of parcels.

4.3.2 the packaging is intact, not damaged or wet and in any case unaltered including the sealing material (sellotape or plastic strapping seals).

4.4 Any damage detected in the packaging and/or the product and any discrepancy found in the number of items or in the indications contained in the bill of parcels, shall be immediately reported in the bill of parcel to be returned to the courier.

4.5 Any problem concerning the integrity of the products received, their number and completeness should be reported within 7 days from the relevant delivery.

4.6 In order to allow AUSTIN BODD to proceed with the necessary verification's, please note that such communication time frame does not affect customer’s statutory warranty and withdrawal rights.

4.7 All Products come with an identification tag attached with a disposable seal. Customer shall not remove the tag or seal from the purchased Products should he/she wish to return the same.

5. Returns

5.1 Customer is entitled to withdraw from the purchase agreement for any reason, without penalty and without the need to give any explanation, within 14 (fourteen) days after the date of delivery of the products.

5.2 Customer may exercise the right of withdrawal set forth in art. 6.1 above (i) by filling paper return form, or (ii) by an unequivocal written communication to the address indicated in the return form included in the package of the delivered products (each one hereinafter the “Return Form”). AUSTIN BODD will confirm that the Return Form has been properly received by sending an email message to the address notified by the Customer.

5.3 In the event of withdrawal, Customer shall dispatch the goods back to AUSTIN BODD within 14 (fourteen) days from the date on which the above notice was submitted, following, at his/her discretion, one of the following modalities:

5.3.1 Send the product/s to be given back to the address expressly referred to in the Return Form by means of the courier indicated by AUSTIN BODD in the Return Form. Products may be shipped by using the pre-printed and pre-paid label enclosed in the package in which the products were shipped. Such means of redelivery is on the Seller's exclusive cost. Please contact relevant delivery company to organise pick-up;

5.3.2 Send of the product/s to be given back to the address expressly referred to in the Return Form by means of the courier chosen by the Customer (in such event, the costs for the redelivery will be on the Customer's exclusive account);

5.3.3 Redelivery to the address expressly referred to in the Return Form (the Customer will give back the product/s along with the Return Form and one identity document).

5.4 The product must be given back along with the original packaging (including the packaging materials and the documents, if any, accessories, labels, identification tags, seals, etc.) and it is to be carefully stored and used only for the time strictly necessary to verify its nature, specifications and size, and must show no signs of wear or dirt, as indicated below:

The right of withdrawal may be exercised only with respect to the entire purchased product, partial withdrawals (accessories, complements, etc.) are not permitted;
The transit of the product/s, until the Customer receives confirmation that the product has been properly returned and delivered to AUSTIN BODD shall be at the Customer's exclusive responsibility for the cases indicated under points 5.3.2 , 5.3.3. and 5.3.4. Therefore, if the product has been damaged during transit, AUSTIN BODD shall inform Customer thereof in order to enable the latter to promptly send the relevant complaint to the courier and claim a refund; the product will be made available to Customer and the withdrawal notice will be cancelled;
AUSTIN BODD accepts no responsibility for products damaged, stolen or lost while in transit, or, in any case, in relation to their shipping, whenever the shipping back to AUSTIN BODD is processed according to one of the modalities indicated under points 5.3.2, 5.3.3 and 5.3.4.

5.5 AUSTIN BODD shall refund to the Customer the whole amount already paid by the latter, within 14 (fourteen) days from the date of the withdrawal. AUSTIN BODD may withhold the refund until the returned product is properly received by AUSTIN BODD or until Customer demonstrates that the product has been correctly returned, whichever is earlier.

5.6 Unless otherwise agreed by the parties, the amount initially charged to Customer will be re-funded using the same means of payment used by Customer in the initial transaction. In case of cash on delivery payment, the amount initially paid will be refunded by a bank transfer on the bank details indicated by the Customer on the Return Form. In any case, no amount shall be charged to Customer in relation to the refund.

5.7 Once the products are received, AUSTIN BODD will check them in order to verify that they are consistent with the terms and conditions set forth in this clause and, should the results of such verification be negative, it shall inform Customer by email that the value of the returned products is reduced due to Customer’s failure to comply with the conditions mentioned above. By the same mail, AUSTIN BODD shall also notify the amount that it will deduct from the amount to be refunded, unless Customer elects to have, at its own expense, the products sent back to him/her in the same conditions in which they were returned to AUSTIN BODD.

5.8 In the event that the right of withdrawal is forfeited (for example when the product is returned damaged when the same has been sent through a courier chosen by the Customer), AUSTIN BODD shall send back to Customer the purchased product, charging the latter with the relevant shipping costs and, if already refunded, the price of the product.

5.9 For more information on the products return policy (including the refund) and exchange service, please see here.

6. Warranties

6.1 All products sold by AUSTIN BODD are covered by a 24 (twenty-four) month guarantee for lack of conformity, as provided by the law. To benefit from the guarantee, Customer must keep the relevant invoice, or receipt of payment, together with the bill of parcels.

6.2 The warranty for lack of conformity will be applicable only if the product has been used correctly, in compliance with its intended purpose and in accordance with the use and washing instructions contained in and/or furnished with the product.

6.3 Please note that The Consumer Rights Act 2015 products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of the product a Customer's legal rights entitle him/her to ask AUSTIN BODD or some remedies or for the refund as specified by said law.

7. Claims and queries

7.1 Any claim or query can be sent to AUSTIN BODD at the following addresses: Via {20-23 Wenlock Road, London, N1 7GU} United Kingdom or writing to the Customer Care.

8. Privacy

8.1 Where AUSTIN BODD collects personal data from Customer during the placement of an Order, such personal data shall be processed by AUSTIN BODD for the purpose of completing the Order and in compliance with applicable data privacy laws and AUSTIN BODD Privacy Policy.

9. Applicable Law

9.1 The sale agreement under these Conditions and its performance are governed by English Law, without giving effect to the conflicts of law provisions thereof or the United Nations Convention on Contracts for the International Sale of Goods. Any dispute that may arise out of or in relation to the agreement shall be submitted to the competent court of the place where Customer resides.

9.2 Please note that the European Commission provides a platform for alternative extra-judicial resolution of disputes, available on the website http://ec.europa.eu/odr dedicated to helping consumers and traders resolve their disputes out-of-court, including cross-border disputes.

10. Amendments and updates

10.1 The General Conditions of Sale may be amended from time to time due to new laws and regulations or other reasons. The new General Conditions of Sale shall be effective as of the date of publication on the Site.