Terms & Conditions

We are Basically Black Ltd, a company registered in England (number 5801603) based at P.O. Box no 8860, Market Harborough, Leicestershire LE16 0DW. These are the terms and conditions which apply to your purchases from the Basically Black website at www.basicallyblack.com.

Your acceptance of the terms and conditions is given when you make a purchase from us so you should read these terms and conditions carefully before buying anything from this website.

  1. Definitions
    1. 1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
    2. 1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
    3. 1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
    4. 1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;
    5. 1.5 "Seller" means Basically Black Limited, PO Box No 8860, Market Harborough, Leicestershire LE16 0DW;
    6. 1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
    7. 1.7 "Website" means basicallyblack.com.
  2. Conditions
    1. 2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
    2. 2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
    3. 2.3 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
    4. 2.4 Any complaints should be addressed to the Seller's address stated in clause 1.5.
  3. Ordering
    1. 3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
    2. 3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.
    3. 3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in ‘How to order on the Home page’ and at the ‘Checkout’ section
  4. Price & Payment
    1. 4.1 The price of the Goods shall be that stipulated on the Website. The price is inclusive of VAT. The price excludes delivery charges.
    2. 4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
    3. 4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
    4. 4.4 Payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods.
  5. Rights of Seller
    1. 5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
    2. 5.2 The Seller reserves the right to withdraw any Goods from the Website at any time.
    3. 5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
  6. Delivery
    1. 6.1 Goods supplied within the mainland UK will normally be delivered within 2-3 working days of acceptance of order.
    2. 6.2 Goods supplied outside the mainland UK will normally be delivered within 3-7 working days of acceptance of order.
    3. 6.3 Where in the unlikely event that any of the goods are not available from stock, the buyer will be notified and given the option of a revised delivery date, offered an alternative or have the right to cancel the order.
    4. 6.4 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
    5. 6.5 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
    6. 6.6 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
    7. 6.7 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.
    8. 6.8 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
  7. Cancellation and Return
    1. 7.1 The Buyer may cancel the order for any reason up to the point of dispatch and any payments (excluding delivery charges) made by the Buyer shall be refunded in full within 14 days.
    2. 7.2 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller via telephone and confirmed by email to info@basicallyblack.co.uk within 7 days if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
    3. 7.3 Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Seller within 14 days of delivery. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
    4. 7.4 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller via email at info@basicallyblack.com within 7 working days of receipt of the Goods.
    5. 7.5 Goods must be returned by the Buyer at the Buyer’s expense within 14 days of cancellation in the original packaging and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (excluding delivery charges). If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
    6. 7.6 Goods to be returned must clearly show the order number obtained from the Seller on the package.
    7. 7.7 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
  8. Limitation of Liability
    1. 8.1 In relation to the purchase of Products, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing Products, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Basically Black or our servants, agents or any other person.
    2. 8.2 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence.
    3. 8.3 Basically Black makes no warranty in respect of the Products save that the Products are of satisfactory quality and reasonably fit for purpose and expressly disclaims to the fullest extent permitted by law all representations with respect to the Products.
    4. 8.4 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
    5. 8.5 The limitations and exclusions in this paragraph only apply to the extent permitted by applicable law.
  9. Waiver
    1. 9.1 No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
  10. Force Majeure
    1. 10.1 The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
  11. Severance
    1. 11.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
  12. Changes to Terms & Conditions
    1. 12.1 The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
  13. Governing Law & Jurisdiction
    1. 13.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.