Home & Bargains

Terms and Conditions

Terms and Conditions

1.    GENERAL

1.1 This is a legal document which is the agreement between you, the Customer (whom we refer to as "you", "your" or the "Customer" in this document) and Bargain London Limited, the owner of this website. We are a company registered in England with our registered office at Crown House 143-147, Regent Street London, United Kingdom (and we refer to ourselves as "Homes & Bargains", "Homes & Bargains Flash Sales", "we" or "us" or "our" in this document). The company registration number for Bargain London Limited is 5239637.
1.2 Please read this agreement carefully. Using this website or by using any facilities or services made available through it or by transacting through or on it, you are agreeing to the terms and conditions that appear below (all of which are called the "Agreement"). This Agreement is made between you and us.
1.3 We reserve the right to amend these terms and conditions at any time. All amendments to these terms and conditions will be posted online.
1.4 This Agreement does not affect your statutory rights

2.    DEFINITIONS

2.1 The following terms when used in these Homes & Bargains End User Terms and Conditions or any document referred to herein shall have the following meaning:
2.1.1 "Merchant" means a third party seller of goods and services from which a Product can be purchased.
2.1.2 "Purchase" means the purchase of a Product from a Merchant via Homes & Bargains.
2.1.3 "Register" means "create an account on the Website" (and "Registration" means the action of creating an account).
2.1.4 "Service" means all or any of the services provided by Homes & Bargains via the Website (or via other electronic or other communication from Homes & Bargains) including the advertising, editorial content and payment sections on the Website (including the ability to make a Purchase).
2.1.5 “Product” means goods or services purchased through Homes & Bargains from a particular Merchant.
2.1.6 "Website" means Homes & Bargains, www.homesandbargains.co.uk.
2.1.7 “Complete Transaction” means the receipt of a confirmation email after completing a Purchase.
2.1.8 “Contract” means the legally binding agreement agreed to when purchasing a Product from a Merchant via Homes & Bargains.

3.    GENERAL TERMS

3.1 Use of the Service and the Website and any Purchase are each subject to the terms and conditions set out in this Agreement.
3.2 To use the Website and/or the Service (whether with or without registration) and to make any Purchase, the minimum age is 18 years of age.
3.3 If you choose to access the Website (or use the Service or make a Purchase) from locations outside the United Kingdom, you are responsible for the consequences and for compliance with all applicable laws.
3.4 We reserve the right to prevent you using the Website and the Service (or any part of them) and to prevent you from making any Purchase.
3.5 We reserve the right to reject any Purchase for any reason whatsoever.

4.    REGISTRATION AND ACCOUNTS

4.1 You do not need to Register to use much of the functionality of the Website or to access much of the Service. However, you cannot make a Purchase from the Website without registering. We reserve the right to decline a new Registration or to cancel your account at any time.
4.2 To Register you need to supply us with your name, postcode, email address, payment details and possibly some other personal information. See our Privacy Policy for more details about this.
4.3 We reserve the right to close accounts if we believe any user is in contravention of these Terms and Conditions.

5.    PURCHASES AND CONTRACT

5.1 Homes & Bargains enables Merchants to sell Products via the website.
5.2 As a condition of Purchase, we reserve the right to send you administrative and promotional emails. We may also send you information regarding your account activity and purchases. (To opt out of receiving these communications, click the “Unsubscribe” link at the foot of an email received from Homes & Bargains.)
5.3 The transaction is complete (see Definitions 2.1.7 “Complete Transactions”)(and a contract for Purchase is made) only when we email you confirming the transaction on behalf of the Merchant (which is our acceptance of the transaction). We keep a copy of the agreement - print out these terms and conditions from our website as a record.
5.4 Once the transaction has been completed, you may cancel the transaction at any time within 7 working days of completion of the purchase. If you do want to cancel, you must do so by sending us an email to tell us you are cancelling to: flashsales@homesandbargains.co.uk or writing to us or sending us a fax.
5.5 By making a Purchase, you acknowledge that the Purchase is made subject to this Agreement.
5.6 Once we have accepted a Purchase from you, you will have entered into a Contract with the Merchant stated on the confirmation screen and are bound by these Conditions and the terms stated in your Confirmation page (if applicable).
5.7 You acknowledge that we are the agent for the Merchant and that the Contract for the Purchase of a Product is with the Merchant and not with Homes & Bargains. We are not liable for any breach of the Contract. The details of the Product given on Homes & Bargains are supplied to us by the Merchant. The Product will be delivered to you by the Merchant and at no time will it have been in our possession or inspected by us.  The manufacturer and/or Merchant may make representations and warranties with respect to the quality, safety or condition of any Product, but we do not make any such representations or warranties.
5.8. You are entitled to a full refund (excludes delivery) if the product is returned in its original condition and packaging within 21 days of sale.

5.9. It is your responsibility to check that your purchase is in satisfactory condition and of satisfactory quality before accepting delivery of it.

5.10. All prices are inclusive of VAT and all other taxes.

6.0  RESPONSIBILITY:

The Merchant, and not Homes & Bargains, is:
6.0.1 the seller of Products
6.0.2 responsible for providing you with Products
6.0.3 responsible for any form of warranty over the product. It is the Merchant who has to provide the usual warranties.

6.1. WARRANTIES

The Merchant warrants that the Product:

6.1.1 is sold with full title guarantee and without any encumbrance;
6.1.2 is reasonably fit for purpose and of satisfactory quality (in accordance with the description); and
6.1.3 shall be free from defects in materials and workmanship unless set out in its description or as may be reasonably expected from its description, for a period of twenty-eight (28) days from the date of delivery, provided that:
6.2.1 the Merchant shall not be liable for any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow any instructions, misuse, alteration or unapproved repair arising after delivery; and
6.2.2 you return the defective Products to the Merchant in accordance with their terms for cancellations and returns.
Your sole remedy for a breach of this warranty shall be the free replacement of the Product by the Merchant where reasonably possible, or at your request, a refund of the Purchase Price of the Product, together with the reimbursement of the reasonable postage costs of returning the Product to us/the Merchant.
The Merchant’s standard warranty may not apply to Products featured on Homes & Bargains. Warranties, if different to those set out in the Merchant’s Terms and Conditions, will be specified in the product description of the Product. Your statutory rights in relation to the Product are not affected.

7.    YOUR OBLIGATIONS

7.1Merchants will have their own terms and conditions, these are available at point of Purchase and in your confirmation page/email. Please refer to these terms and conditions before making a purchase.
7.2 You undertake to ensure that  information submitted on Registration and retained within your account during the course of this Agreement is true, complete and accurate and that you will promptly update the details in your account in the event of this information changing.
7.3 It is your responsibility to ensure that any products, services or information available through the Website or the Service meet your specific requirements.

8.    RULES ABOUT USE OF THE SERVICE AND THE WEBSITE

8.1 We will take all reasonable measures to ensure that errors or omissions are corrected after being notified of them at flashsales@homesandbargains.co.uk.
8.2 We accept no liability if your use of the Service or the Website is interrupted nor if any information (or messages) fails to be transmitted reliably, in a timely manner or at all via the Service or the Website .
8.3 We accept no responsibility that the Service or the Website is free from viruses or anything else which may have a harmful effect on any technology.
8.4 Also, although we will try to allow uninterrupted access to the Service and the Website, access to the Service and the Website may be suspended, restricted or terminated at any time.
8.5 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of this Agreement.

9.    SUSPENSION AND TERMINATION

9.1 If you use (or anyone other than you, with your permission uses) the Website or Service or a Product in contravention of this Agreement, we may suspend your use of the Service and/or Website (in whole or in part) and/or a Product.
9.2 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone in breach of this Agreement.

10.    INDEMNITIES

10.1 You shall indemnify us against all losses, liabilities or costs incurred by us as a result of:
10.1.1 any claims or legal proceedings that are brought or threatened against Homes & Bargains by any person as a result of:
a) your use of the Service or Website;
b) the purchase of a Product;
c) the use of the Service or Website through your password; or
10.1.2 any breach of this Agreement by you.

11.    STANDARDS AND LIMITATION OF LIABILITY

11.1 We warrant that:
11.1.1 we will exercise reasonable care and skill in performing any obligation under this Agreement, and
11.1.2 we have the right to sell Products on behalf of Merchants through Homes & Bargains and that Products are of satisfactory quality and fit for their purpose.
11.2 We do not warrant and we exclude all Liability in respect of:
11.3.1 the accuracy, completeness, fitness for purpose or legality of any information accessed using the Service or Website or otherwise; and
11.3.2 Products in respect of the quality, safety, usability or any other aspect of the products or services.
11.4 Save as provided in Clause 10.1, we shall have no Liability for:
any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by the Client or liability of the Client to any third party arising in any way in connection herewith whether or not such loss has been discussed by the parties at any time prior to the Publication Date or for any costs or expenses arising from such damage or loss.
None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from Our negligence.
No matter how many claims are made and whatever the basis of such claims, Our maximum aggregate liability to the Client in respect of any direct or indirect loss to the extent that such loss is not excluded by these terms and conditions or otherwise
11.11 In this Clause 10:
11.11.1 "Liability" means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Agreement, including, without limitation, liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement (and for the purposes of this definition, all references to "this Agreement" shall be deemed to include any collateral contract); and
11.11.2 "Breach of Duty" means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).

12.    DATA PROTECTION

12.1 Please see our Privacy Policy which forms part of this Agreement.

13.    LINKS TO AND FROM OTHER WEBSITES

13.1 Where the Website contains links to third party sites and to resources provided by third parties (together "Other Sites"), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over and do not accept and we assume no responsibility for Other Sites or for the content or products or services of Other Sites (including, without limitation, relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the website, you do so entirely at your own risk.

14.    INTELLECTUAL PROPERTY RIGHTS

14.1 All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements)) whether registered or unregistered) in the Website and Service, (subject to Clause 14.4) information content on the Website or accessed as part of the Service, any database operated by us and all the website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.