Terms and Conditions

WEBSITE TERMS AND CONDITIONS

Last updated: 26 April 2022.

When you access, browse, use and/or make a purchase from this website www.bmstores.co.uk (as may be updated or replaced from time to time) (Website) you are agreeing to the following terms and conditions (Terms).

If you access, browse, use and/or make a purchase from any of our other websites (such as www.bmflowers.co.uk or www.bmgardenbuildings.co.uk), the terms and conditions displayed on those other B&M websites shall apply.

Only certain product categories and/or ranges are available to purchase on this Website. As such, some products which are available to purchase in our stores may not be available to purchase through this Website. Those products which are available to purchase online through this Website display an ‘Add to Basket’ and delivery van icon next to the relevant product.

Please read these Terms carefully before you access, browse, use and/or buy anything on this Website in order to check that there is nothing in these Terms which you are not willing to agree to.If you do not agree with any part of these Terms, please do not access, browse, use and/or buy anything on this Website.

Your attention is particularly drawn to clause 16 (Our responsibility to you) of these Terms, which sets out important limits and exclusions of our liability to you.

1. INFORMATION ABOUT US AND HOW TO CONTACT US

1.1 We are B&M Retail Limited (trading as B&M Stores) a company registered in England under company number 01357507. Our registered office is at The Vault, Dakota Drive, Estuary Commerce Park, Speke, Liverpool, Merseyside L24 8RJ. Our VAT number is 673 583601.

1.2 These Terms set out, amongst other things, how you are expected to use this Website, your legal rights and responsibilities when you make a purchase from this Website; our legal rights and responsibilities; and certain key information required by law.

1.3 If you have any questions about these Terms, or any products you have ordered through this Website, please contact our Customer Care team using the following details:

(a) calling us on 0330 838 9000;

(b) sending an email to us at Customerservices@bmstores.co.uk;

(d) filling out and submitting the online form on the ‘Contact us’ page of this Website.

1.4 Alternatively, please refer to our ‘Frequently Asked Questions’ page, where you can find some useful information and may find the answer to your particular question. Nothing contained within the ‘Frequently Asked Questions’ page shall affect your legal rights.

1.5 All calls to our Customer Care team will be charged at the local rate (BT users only, other network charges may vary), and both inbound and outbound calls may be recorded for quality monitoring and training purposes.

2. THESE TERMS

2.1 Any reference to ‘B&M’, ‘we’, ‘us’ or ‘our’ in these Terms is to B&M Retail Limited (trading as B&M Stores), and any reference to ‘you’ or ‘your’ is to the person accessing, browsing, using and/or placing an order to buy products through this Website (as applicable).

2.2 We may make changes to these Terms from time to time but any changes will not apply to any orders that we have accepted prior to the change being made.

2.3 These Terms govern our relationship with you. Any changes to these Terms which are intended to apply to existing contracts must be in writing and signed by both us and you. In this way, we can avoid any problems surrounding what we and you are expected to do.

2.4 Please print out or save a copy of these Terms and any emails from us for your records, as we will not save or file a copy for you. These Terms are only available in English.

2.5 There may be legal notices and policies on other areas of this Website which relate to your use of this Website (for example, our Privacy Policy and Cookie Policy), all of which will, together with these Terms, govern your use of this Website.

2.6 NOTHING IN THESE TERMS IS INTENDED TO AFFECT OR OTHERWISE RESTRICT YOUR LEGAL RIGHTS UNDER CONSUMER LAWS. YOU MAY ALSO HAVE OTHER RIGHTS IN LAW AVAILABLE TO YOU SHOULD WE FAIL TO CONFORM WITH THESE TERMS.

3. USE OF THIS WEBSITE BY YOU

3.1 The content of each of the pages of this Website is for your general information and use only. It is subject to change without notice.

3.2 This Website uses cookies to monitor browsing preferences. If you do allow cookies to be used, please refer to our Cookie Policy for more information on what cookies we use.

3.3 Except as set out in these Terms, neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

3.4 Your use of this Website shall be for your own personal non-commercial use only as set out in clause 1.6 above. Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.

3.5 All intellectual property rights in this Website and the materials contained within it is owned by or licensed to B&M. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction of all or any part of the webpages of this Website, whether by copying, transmitting, streaming, creating links, or otherwise distributing or communicating it in any media whatsoever, is prohibited except with our prior written consent and subject to such conditions as we may from time to time stipulate.

3.6 Any trademarks reproduced on this Website which are not the property of, or licensed to, B&M are acknowledged on this Website.

3.7 Use of this Website does not confer any intellectual property rights to you in relation to this Website, its contents or the material on it. Unauthorised use or copying of materials from this Website may give rise to a claim for damages and/or be a criminal offence.

3.8 From time to time this Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s) (except for those other B&M websites referred to in these Terms). We have no responsibility for the content of the linked website(s).

4. SUBMITTING AN ORDER WITH US THROUGH THIS WEBSITE

4.1 To submit an order with us, you should follow the onscreen prompts on this Website. Once you’ve added the product(s) you’d like to your online shopping cart and clicked the ‘Checkout Securely’ button, you will go through the online checkout process where you will need to provide to us some compulsory personal information (such as your name, delivery and billing address(es), your phone number and email address). There is the option to ‘Remember me’ and save these details for the next time that you visit this Website.

4.2 Please refer to our Privacy Policy and Cookie Policy for more information on what personal information we collect and how that personal information will be handled, used and stored by us.

4.3 Please check your order carefully and correct any errors before you submit it to us. By submitting an order to us in accordance with clause 4.1, you confirm that all information (including contact details) provided by you to us during the online checkout process is true, accurate, complete and current in all respects.

4.4 If we are suspicious of any fraudulent activity regarding information (including contact details and payment details) provided by you during the online checkout process, we may reject your order and refuse you access to this Website.

4.5 By submitting an order, you are confirming to us that:

(a) you are a consumer and are not purchasing our products for any commercial, business, non-domestic or resale purpose;

(b) you are at least 18 years of age; and

4.6 We may, should we decide to do so, introduce additional functionality to this Website which allows our customers to create and register for an online user account. In circumstances where we add such online account functionality to this Website, we will use reasonable endeavours to communicate this to customers via this Website or such other method as we deem appropriate, acting reasonably. Additional terms and conditions may apply to register for and access a B&M online user account and such terms and conditions will be notified to you at the relevant time.

5. ACCEPTANCE OF YOUR ORDER

5.1 After you submit your order (i.e. by clicking the “Pay Now” button at the end of the online checkout process), we will send to you an order acknowledgment email to let you know that we have received your order. Please note, this does not mean that your order has been accepted by us. Your order is simply an offer to buy products from us in accordance with these Terms.

5.2 Acceptance of your order by us takes place when we dispatch your order to you, at which point a legally binding contract is formed between you and us on these Terms. At any point up until then, we may decline to supply the products to you for any reason, including legal and regulatory reasons or where we cannot authorise your payment.

5.3 We will send to you a dispatch confirmation email to let you know once your order has been dispatched.

5.4 If we do not accept your order, for example because we have been unable to pre-authorise the payment, the products are unavailable, you are under 18 or live outside of the UK, or there has been a mistake or error regarding the pricing or description of the products, we will endeavour to email you using the details you provided when you placed your order. In the event that we have taken payment prior to non-acceptance of your order then we will refund you the amount which you have paid. Any such refund can take up to 5 days for the bank to transfer the funds to you.

5.5 If you are placing an order for a product that by law is age-restricted, then by clicking the “Pay Now” button at the end of the online checkout process:

(a) you are also confirming to us that you are of at least the legal age required to purchase the product; and

(b) you further acknowledge and consent to us taking proportionate steps to verify your age. We reserve the right not to supply any age-restricted product where we reasonably believe that you are below the relevant minimum age. See clause 11.7 below for further information relating to our “Challenge 25” policy.

5.6 We do not file details of your order(s) (or the terms and conditions which apply to such order(s)) for you to subsequently access direct on this Website. Please therefore print out or save a copy of these Terms in accordance with clause 2.4. If you wish to obtain specific details of your previous order(s), please contact us using the contact details set out in clause 1.3.

6. AVAILABILITY

6.1 All orders are subject to availability. We cannot guarantee that any product will be available at any given time.

6.2 If any of our products are shown on this Website to be out of stock, you can ask us to send to you an email alert to notify you when such products are back in stock and available for purchase by requesting this through the ‘Email when in stock’ function on the relevant product page of this Website. Email when in stock does not reserve stock, it only notifies when stock becomes available.

6.3 Without affecting clause 6.4, if, for any reason beyond our reasonable control, we are unable to supply a particular product to you, we will not be liable to you.

6.4 In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop selling certain products. If this happens and it affects your order, we will notify you by email, cancel your order and provide you with a full refund (including any delivery costs) if payment has already been taken.

6.5 To ensure availability of all our products, you may be limited to a maximum number of the same product per order and/or per customer should we deem it appropriate. This may be the case where, for example, in our opinion the quantity of products ordered may jeopardise availability for our other customers (such as where there is a special offer), or if this may create a potential health and safety issue during delivery.

7. CANCELLATION OF YOUR ORDER BEFORE DISPATCH

7.1 If you would like to cancel your order after you have submitted it, please call our Customer Care team on the telephone number set out in clause 1.3. Please note, once you have submitted your order, it is not possible to make any changes to that order but you may cancel your order in accordance with clause 7.2 and place a new order with us.

7.2 You can cancel any of your current orders at any time before your order is dispatched, as notified by us to you in the communications that we send to you. However, where we have taken steps to get your order ready for dispatch (as determined by us, acting reasonably), it is not possible to cancel that order and we will attempt to contact you to notify you of this using the contact details you provided when you placed your order with us. Please see clauses 12, 13 and 14 of these Terms for further information about cancelling your order after we have dispatched your order or have taken steps to dispatch your order.

8. PRODUCT DESCRIPTIONS

8.1 Descriptions of our products (which, where applicable, includes product specific terms and conditions such as any warranties, after-sales service and guarantees) are set out on this Website.

8.2 We have taken reasonable and proportionate precautions to try to ensure that prices quoted on this Website are correct and that all products have been fairly and accurately described. However, when ordering products through this Website, please note that:

(a) orders will only be accepted if there are no material errors in the description of the products or their prices as advertised on this Website;

(b) pictures and images of the products on this Website are for illustration purposes only and may vary from that shown on this Website;

(d) the weights, dimensions and capacities shown on this Website are approximate only;

Terms and Conditions

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