9. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product or that you do not wish to receive supply of the Services, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.2 However, this cancellation right does not apply in the case of:
9.2.1 any Products we have customised or created to your personal specification or requirements.
9.2.2 any Products which become mixed inseparably with other items after their delivery (for example you laminate a poster purchased from us).
9.2.3 for any Services, once these have been completed, even if the cancellation period is still running.
9.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
Your Contract
End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days).
The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for multiple Products which are delivered on separate days.
The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first of your separate Products on 10 January and the last separate Product on 15 January you may cancel in respect of all of the separate Products at any time between 1 January and the end of the day on 29 January.
If your Contract is for the supply of Services.
You have 14 days after the day we email you to confirm we accept your order. However, once we have completed the Services you cannot change your mind, even if this period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.
9.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form at the end of these Terms and on our website. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation.
9.5 You can also e-mail us at info@bhpcollectibles.com or contact our Customer Services team by telephone on 0121 212 1532 or by post to 28 St Paul’s Square, Birmingham, B31 IRB. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
9.6 If you cancel your Contract we will:
9.6.1 refund you the price you paid for the Products and/or Services (unless we have started to supply the Services, in which case we will only refund that portion of the price which relates to Services we have not yet completed. If we have completed supply of the Services, you will not receive a refund). However, please note we are permitted by law to reduce your refund 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 we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.6.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer 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 we will only refund what you would have paid for the cheaper delivery option.
9.6.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
9.6.3.1 if you have received the Product, 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 9.8;
9.6.3.2 if you have not received the Product, 14 days after you inform us of your decision to cancel the Contract.
9.7 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us. If you believe the Services have not been performed properly, we will liaise with you to determine why the Services have not been performed properly, and re-perform the Services to your satisfaction at no further cost to you. If you are not satisfied, we will provide you with a refund in respect of the Services.
9.8 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
9.9 If a Product has been delivered to you before you decide to cancel your Contract:
9.9.1 then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Please see the invoice supplied with the Product for details of how to return the Product;
9.9.2 unless the Product is faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Product to us.
9.10 As you are a consumer, we are under a legal duty to supply Products and Services that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described or the Services are not properly performed. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.