1. THE CONTRACT
1.1 The terms and conditions set out below create and govern the goods sold by us, Biven Machinery, to you our customer, and form this entire and only contract between us.
1.2 All orders placed by you are based on these terms and conditions. Orders are subject to acceptance by us on delivery of goods to you at which point, a legal and binding contact is formed. Processing of a payment does not constitute a legally binding contract, or acceptance of your order.
2. PRICE AND PAYMENT
2.1. All prices paid by you for goods, are contained and verified on our website, or on an e.mailed quotation to you.
2.2 Prices invoiced will be those ruling at the date of receipt of order. Pricing on forward orders requesting delivery of up to 1 (one) month after date of order receipt will be handled by exception.
2.3 Subject to Clause 2.2, all prices are subject to change without notice.
2.4 In the event of an occasional price miss print, we reserve the right, and not be obliged, to supply goods at the incorrect price. You will be informed immediately if this occurs, and we will endeavor to do everything possible to correct this to our mutual satisfaction.
2.5 All goods must be paid for in full, prior to order processing and delivery, unless you are a bona fide account holder on our standard monthly terms.
2.6 Some discount codes or vouchers may not be valid in conjunction with any special offers or already discounted prices
3. DELIVERIES
3.1 All delivery charges quoted are to Mainland UK. For Northern Ireland and Highlands & Islands, please contact us for a quote.
3.2 We will endeavour to delivery all orders in 2-5 working days, usually with DPD or Royal Mail. For larger orders or machine orders over 30kg, this may take longer, as a palletised delivery may be required. If you require a faster service, please call us on 01253 425793 or mail us at [email protected]. We will be pleased to advise costings for you.
3.3 All deliveries will require a signature of acceptance.
3.4 We will always ask for a phone number ( mobile preferred ) and an email address so that we can update you with your order progress.
You will receive an automated order confirmation email upon payment and checkout and then further emails and / or texts to confirm order dispatch and delivery details.
If you do not receive an order confirmation email. Please check your junk or spam folder first and if still not received, please contact us asap so we can correct this.
3.5 Due to health and safety issues, large and heavy parcels, and all machinery can only be delivered to a ground floor destination. If you require deliveries to a higher level, it is your responsibility to arrange this.
3.6 Pallet deliveries are kerb side drop off, however if you have a smooth, flat drive the drivers are usually very accommodating. Where they would struggle to get a pallet truck would be over cobbled, gravel, grass, stairs/steps and steep slopes.
3.7 All deliveries must be checked, and any damages or shortages be reported within 48 hours of acceptance. Do not sign for any order ‘un-examined’, If the exterior packaging appears to be damaged, either refuse delivery or un-pack and examine goods before signing for ‘received in good condition.’
3.8 If the courier has attempted to deliver your order and you were not in, they will communicate with you via the email or mobile number you have provided. It is your responsibility to instruct the driver on what to do with your parcel. Your options will be communicated via text or email. If you do not acknowledge the messages or let the driver know what to do, your parcel will be returned to us. If this happens there will be a £7 return postage charge which will be deducted from your refund.
3.9 In the case of a heavy machine delivery, you will be advised by the carrier prior to delivery.
If delivery cannot take place due to ‘no one present’ you may be charged for another delivery dependant on when delivery can be made.
Missing Delivery
3.10 If your order has not arrived within the expected delivery window, please report the issue within 14 days of the expected delivery date.
This allows us to work with our courier partners (like DPD and Royal Mail) to investigate and resolve the problem efficiently. Unfortunately, we may not be able to assist with claims made after this time.
Incorrect or Damaged Items
3.11 If your order arrives with the wrong item, or if any items are damaged, please contact us within 48 hours of receiving your delivery.
To report an issue, email [email protected] or phone us on 01253 425793, with your order number, a description of the issue, and (if possible) photos to help us resolve it quickly. Unfortunately, we may not be able to assist with claims made after this time.
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4. CANCELLATIONS AND RETURNS
4.1 You may cancel your order within 14 days from date of delivery, providing you inform us by e.mail, stating the reason for cancellation.
4.2 Please email us at [email protected] within 14 days of receiving your delivery, informing us of your wish to return your order. In the email please let us know your name and address and the tracking number of your return parcel.
4.3 You must include your name on the parcel or inside, we may be unable to process your refund otherwise.
4.4 Orders must be returned in the original packaging.
4.5 Please use a tracked courier service to ensure that the order is returned to us safely. You will have to pay the cost of the courier. For a selection of secure and reasonably priced courier services we recommend using Parcel2Go or similar. Once we receive your parcel we will fully refund your order within 14 days (once processed refunds can take 5-10 days to show on your account)
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5. AGE REQUIREMENT FOR SPECIFIC GOODS
5.1 When placing an order for any age restricted goods, you are confirming you are over the age of 18 and that goods will be received by a person over the age of 18. We reserve the right to cancel your order if there is reasonable doubt that you are not of the correct age.
6. FORCE MAJEURE
6.1 We cannot be held responsible for any consequence from any cause due to ‘Force Majeure’ accidents, riots, strikes, lockouts, government restrictions, prohibitions or any other exercise of government authority or any other cause beyond the company’s control.
7. GUARANTEE
7.1 We guarantee that for a period of 12 months from the date of purchase the components of qualifying Products (see clauses 7.2.1 to 7.2.9) will be free from defects caused by faulty construction or manufacture.
7.2 During this period we will arrange a repair or replace free of charge any parts which are proved to be faulty in accordance with paragraphs 7.1 above provided that:
7.2.1 You follow the claims procedure set out in clause 2 below;
7.2.2 We are given a reasonable opportunity after receiving notice of the claim to examine the Product;
7.2.3 If asked to do so, you return the Product, at your own cost, to us, or the product manufacturer for the examination to take place;
7.2.4 The fault in question is not caused by industrial use, accidental damage, fair wear and tear, wilful damage, neglect, incorrect electrical connection, abnormal working conditions, failure to follow our instructions, misuse, or alteration or repair of the Product without our approval;
7.2.5 The Product has been used in a domestic environment only;
7.2.6 The fault does not relate to consumable Products such as blades, bearings, drive belts or other wearing parts which can reasonably be expected to wear at different rates depending on usage;
7.2.7 The Product has not been used for hire purposes, by you or by a previous owner;
7.2.8 The Product has been purchased by you as the guarantee is not transferable from a private sale.
7.2.9 Where the Product has been purchased from a retailer, the guarantee is transferable and begins on the date of the first purchase of the Product and in the event of a claim under this guarantee proof of the original purchase date will be required to validate the warranty period.
8. CLAIMS PROCEDURE
8.1 In the first instance please contact ourselves to report any problems. In our experience many initial problems with machines that are thought to be due to faulty parts are actually solved by correct setting up or adjustment of the machines. We can mostly resolve the majority of these issues much more quickly than processing a claim under the guarantee.
8.2 Any damage to the Product resulting in a potential claim under the guarantee must be reported to us within 48 hours of receipt.
8.3 Please note that it is essential that the letter of claim reaches us on the last day of this Guarantee at the latest. Late claims will not be considered.
9. LIABILITY
9.1 We shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. Our liability to you shall not in any event include losses related to any business of yours such as loss of profits or for any other loss which is not a foreseeable consequence of us being in breach of these terms and conditions or our legal duties.
9.2 All goods supplied are intended for use in the UK only.
9.3 If you notify us of any problem with the goods, we will make good, any shortages, repair or re-place any goods that are damaged or defective upon delivery.
