Terms & Conditions

Terms and Conditions

Welcome to www.blackstonedirect.com. We have set out below the Terms and Conditions which relate to your use of this Website and to which you agree to be bound by accessing and/or placing an order on this website. If you do not agree to be bound by these Terms and Conditions you may not use or access this Website.

Prior to placing an order, if you have any questions relating to these Terms and Conditions please contact us by e-mail at info@blackstonedirect.com

Definitions

In these Terms and Conditions the following definitions apply:

Cookies: means small text files placed on your hard disk by our Website to record data about your shopping session and to identify your computer.

Personal Information: the information provided by you to us when registering on our website.

Product: a product made available for sale by us on the website.

Product Description: in relation to a particular Product, the description of such Product and the terms and conditions which relate specifically to such Product which are provided on our website.

Special Conditions: in relation to a particular Product, the terms and conditions in the Product Description of such Product.

Terms and Conditions: these terms and conditions and the Special Conditions.

United Kingdom: England, Wales, Scotland, Northern Ireland and the Channel Islands.

User: a user of the website and Users means users of the website collectively.

We/Us: Blackstone Ltd.

Website: the website located at www.blackstonedirect.com.

You: you as a user of this website.

Use of the Website

Access

You may access this website and place orders strictly subject to these Terms and Conditions.

Registration

You warrant that:

The Personal Information provided by you to us at registration is in all respects true, accurate, current and complete;

You will immediately notify us of any changes to your Personal Information by contacting our customer service.

You agree not to:

use a false name, an alias or a name that you are not authorised to use; or

impersonate any other person, entity or individual.

All your Personal Information will be treated as confidential (subject to our right to disclose it in the circumstances set out below). Your Personal Information will be kept on a secure server in full compliance with all applicable UK Data Protection and consumer legislation in force from time to time.

When you make a purchase on this website, you will provide us with your Personal Information such as your name, product selections, delivery address, e-mail address, telephone number, credit card or other payment information, billing address and a password.

In addition, the following information may be collected by us or by third party providers of advertisements and content on the website even if you do not register with us: your location on the internet such as your URL, IP address and domain type (e.g. co.uk and .com), your browser type, your country and telephone area code, the pages of our website that you accessed, the advertisements you clicked on, and any search terms that you entered on our Website (together User Information).

We hereby confirm that Personal Information which has been provided by you to us or is publicly available and any User Information which allows us to identify you, is held by us in accordance with our registration with the Information Commissioner's Office. We only use your Personal Information and User Information for the following purposes:

To process your orders;

To improve the service provided by this website to you and other users;

To provide you with website content and advertisements;

To manage and administer this website; and

To notify you of products or special offers, if you consent to this.

You hereby agree to and confirm that you do not object to us contacting you for any of the purposes stated above by telephone, e-mail, writing or any other form of communication and you hereby confirm that none of the above constitutes or shall constitute a breach of any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.

When making a purchase on the website you will be given an option to receive information from Blackstone Ltd via e-mail about product promotions or special offers which we believe you may interested in. If you wish not to be contacted for such promotions or offers, please make sure that you choose the appropriate option during the registration process. If you wish at any time to unsubscribe from our contact list, you may do so by following the unsubscribe instructions in any promotional e-mail received or by sending us an e-mail at info@blackstonedirect.com.

Your Personal Information may be shared with other entities within Blackstone Ltd. Your Personal Information will not be disclosed for mailing or marketing purposes to any entity outside of Blackstone Ltd.

Please note that we are entitled to disclose your Personal Information and /or User Information to the police or other regulatory and government authorities investigating suspected illegal activities. If you enter any of our contests or prize draws, you will be asked to provide your name, e-mail address and mailing address. If you win, we will notify you by e-mail and will send the prize to the address provided by you. Please note that if you enter one of our contests or prize draws, we will automatically add you to our newsletter mailing list and you will receive notice of new additions to the website, promotions and special offers. If you wish to unsubscribe from this newsletter mailing list, please follow the unsubscribe instructions in any e-mail received.

Please note that we use Cookies to keep track of your shopping session and enable you to retrieve your shopping cart at any time. This is intended to personalise and enhance your online experience with us.

Indemnity

You hereby agree and undertake fully and immediately on demand to indemnify, defend and hold us, and our employees, officers, directors, agents and suppliers, harmless, from and against all claims, damages, losses, liabilities, costs and expenses, including reasonable legal fees, arising out of any breach of the Terms and Conditions by you or any other losses or liabilities arising out of your use of this website, or the use by any other person accessing the website using your shopping account and/or your Personal Information.

Our Rights

We reserve the right to:

modify or withdraw, temporarily or permanently, the website or any part thereof without providing prior notice to you and you hereby confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or

make changes the Terms and Conditions from time to time, and you shall be deemed to have accepted such changes by your continued use of the website or any part thereof following such changes. You shall be responsible for checking regularly to determine whether the Terms and Conditions have been changed. If you do not agree to any change to the Terms and Conditions then you must stop using the website immediately.

Purchase of Products

Orders

All orders made via the website are subject to acceptance in accordance with our Order Acceptance Policy, which can be found on this section of the Terms and Conditions.

We will exercise reasonable care, in so far as it is in our ability to do so, to keep the details of your order and payment secure. However, except for any negligence on our part, we shall not be liable for any loss or damage you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

Delivery of orders

We endeavour to dispatch all orders the same day they are received, however some orders may be dispatched the next working day. We always use a next-day delivery service for shipping orders, although no delivery company actually guarantees delivery 'next day', not even the specialist couriers like FedEx or Initial City Link; however, in our experience 99% of dispatched orders are received by the customer the next working day. Blackstone Ltd cannot be held liable in any way if the delivery company is responsible for any delays. Please note that when an order has been dispatched, a 'dispatch confirmation' email is automatically sent to the customer's email address containing your tracking number, if applicable. The purpose of this email is to alert customers of imminent delivery so that they can make arrangements to receive the parcel. If by chance you are not able to receive your order, the delivery driver will normally 'card' your property with details of how to pick the parcel up from the delivery company's local depot. The delivery company may charge Blackstone Ltd for redelivery if you are unable to visit the depot, in which case we reserve the right to ask you to pay the redelivery charge before it is arranged. Please note that orders dispatched on Friday may be delivered on Monday as that is the next working day, however, for a small fee, we can arrange for a Saturday delivery.

Order Acceptance Policy

Your order will be deemed to be accepted by us and the contract between you and us will be concluded upon despatch to you of the Products unless we notify you that we do not accept your order or you cancel it in accordance with the instructions in How to cancel your order. Non-acceptance of an order may arise in one of the following situations:

The Product you ordered being out of stock

Our failure to obtain authorisation for your payment

An error in the identification of a product or its price

Your failure to meet the criteria relating to eligibility to order set out in the main Terms and Conditions

In case of problems with your order, our Customer Services Representatives will contact you.

Contract Cancellation

You may cancel your contract with us so long as you exercise your right to cancel no later than 14 working days after receipt of the Products. If you wish to return a Product which has already been dispatched, you may do so in accordance with the procedure set out in our Returns Policy.

Returns Policy

In accordance with UK distance selling regulations, you have the right to cancel your order within 7 working days from delivery. You must notify us in writing (i.e. via letter or email) of your intention to cancel within 7 working days from delivery. After notification we will issue you a returns number that you must quote on the paperwork when returning the goods.

Goods must be returned 'AS SOLD' in the original packaging with all components and accessories.

Goods must be complete, unused, and in 'AS NEW' condition (e.g. if you have opened the box to examine the product it must have been done so without damaging the box and packaging or damaging the product in any way) and must be re-packaged as received.

Goods must be returned to our Returns Department within 14 days from authorisation. We are unable to accept returns of un-wanted and non-faulty items after the 14 days.

Any 'FREE GIFTS' with the products must also be returned.

Sale and discounted items can only be exchanged and not refunded

We do NOT accept returns of the following categories of Products: books, CDs, DVDs, tapes or other recording media, software or videos if their seal is broken.

Please note: Returns cannot be accepted without prior authorisation by Blackstone Ltd in the form of a returns authorisation that we will issue you with. The returns authorisation is valid for up to 14 days only. Goods sent back without prior returns authorisation will be returned back to you and the cost of delivery charged to your account. You must return the unwanted items at your own expense and risk. Blackstone Ltd is not responsible for returned items lost in the post, therefore we recommend sending your returns via a trackable delivery service such as Royal Mail Special Delivery.

Refunds

Full refund of the cost of the goods is wholly conditional upon the above conditions being met and the refund authorised only after a full inspection of the goods by our Returns department to check for completeness and correct product return.

Goods received back complete as NEW and unused and in original box and packaging including all accessories and in a re-sellable condition: You will be refunded the full invoice amount less cost of delivery.

Goods received back complete as NEW and unused and in original box and packaging but with accessories missing: You will be refunded the full Invoice price - less delivery charges and cost of accessories as listed below.

Goods received back not in a re-sellable condition: We are unable to accept these back under the above terms and the goods will be returned back to you and the cost of delivery charged to your account.

Money Back Guarantee

Subject to the clause above (Contract Cancellation) we will provide you with a full refund for Products purchased via the website and returned within 14 working days of purchase subject to such Products being returned in a saleable condition (which shall be determined by us at our sole discretion). Shipping charges for goods returned pursuant to this clause are not refundable.

Product Descriptions

All Products are sold subject to their Product Descriptions which set out additional Specific Conditions such as, without limitation, terms and conditions relating to estimated delivery dates and times.

We make reasonable effort to keep descriptions and prices of Products on the website correct at the time of entry onto our system. However, such information may not be up to date at the moment you place an order. We cannot confirm a Product's price until we accept your order in accordance with our Order Acceptance Policy.

Payment

All product prices are correct at the time they are entered onto our system and are inclusive of VAT (where applicable) at the current rates. The total cost you will be charged is the price of the Products you have ordered plus delivery charges.

You confirm that the credit/debit card you are using belongs to you.

All payments made by credit/debit card are subject to validation checks and authorisation by the card issuer. We will not be liable for any delay or non-delivery resulting from failure or refusal by your payment card issuer to authorise payment to us for any reason.

Refusal of Transaction

We reserve the right at any time to withdraw Products and/or remove or edit content from this website. We reserve the right to decline a transaction or refuse service to anyone at any time for any reason at our sole discretion. We will not be liable to you or any third party for any of the following:

Withdrawal of any Product from this website whether or not an order has been placed for that Product;

Removal or editing any content on the website; and

Refusal to process or unwinding or suspension of a transaction after its processing has begun.

To lawfully enter into contracts on this website you must fulfil the following eligibility criteria:

Register yourself by providing your real name, e-mail address, telephone number, payment details and other information requested;

Be 18 years of age or over; and

Provide a delivery address. PO Box numbers, hotels and temporary accommodation addresses are not acceptable.

By making an order on this Website, you specifically authorise us to send your information (including any updated information) to or obtain information about you from third parties from time to time, including but not limited to your debit/credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

Miscellaneous

Intellectual Property and Right to Use

You acknowledge and agree that:

we or our licensors shall at all times retain all intellectual property rights, including without limitation all copyright and trademarks, in all material or content provided on or in connection with this website and that you shall only use such material in such manner as is expressly authorised by us or our licensors; and

you have been given access to the content of this website solely for your personal non-commercial use and that you may download such content onto only one computer hard drive if it is necessary to make a Purchase. You are strictly prohibited from using the content of the website for any other purpose. You agree not to reproduce, copy, transmit, display, publish, distribute, commercially exploit or create derivative works of such content or to procure, assist or facilitate any third party to do so.

Compliance with Laws

This website may only be used in a lawful manner and only for lawful purposes. You agree to comply with all laws, statutes and regulations in force which apply to the website and any transactions conducted on, through or in connection with the website.

Limitation of Liability

We place information on the website after making reasonable endeavours to verify its accuracy. However, we make no express or implied warranties that such information is accurate.

We provide the website on an as is and as available basis and make no express or implied representations, endorsements or warranties of any kind whatsoever in relation to the website, or any transaction that may be conducted on, through or in connection with the website, including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty of any kind whatsoever that the website will meet your specific requirements or will be timely, uninterrupted or error-free, that defects will be corrected, or that the website or its server are free of bugs or viruses or that the site available at any particular time represents the full functionality, accuracy, and reliability of the website. We will not be responsible or liable to you for any loss of content uploaded or transmitted through the website.

We disclaim any and all warranties of any kind, whether express or implied, in relation to the Products, to the fullest extent permissible under applicable law.

These Terms and Conditions do not affect your statutory rights as a consumer or your Contract Cancellation rights in accordance with the procedure set out in our Returns policy.

We will not at any time be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Terms and Conditions for any:

economic losses (including, without limitation, loss of revenues, profits, business, contracts, or anticipated savings); or

loss of reputation or goodwill; or

indirect or special losses,

resulting out of or in connection with the provisions of any matter under these Terms and Conditions.

None of the provisions of these Terms and Conditions shall limit or exclude our liability for personal injury or death resulting from our negligence or that of our agents or employees.

Partial Invalidity

If, at any time, any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of these Terms and Conditions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired thereby.

Remedies and Waivers

No failure by us to exercise, or any delay by us in exercising, any right or remedy under these Terms and Conditions shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies by law.

Survival

Each provision of the Terms and Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Nature of Agreement

These Terms and Conditions shall be binding upon and inure to the benefit of the parties thereto and their subsequent successors and assigns.

Entire Agreement

These Terms and Conditions contain the entire agreement between you and us relating to the subject matter hereof and supersedes all oral statements and prior writings with respect thereto. No amendment shall be made to these Terms and Conditions without the mutual agreement in writing of both parties thereto.

Non-reliance

You confirm that, in entering into these Terms and Conditions, you have not relied on any representation save insofar as such representation has expressly been made a term of these Terms and Conditions and you agree that you shall have no remedy in respect of any representation.

Nothing in this clause shall exclude or limit our liability in respect of any fraudulent or negligent misrepresentation whether or not such fraudulent or negligent misrepresentation has become a term of these Terms and Conditions.

Third Parties

No provision of these Terms and Conditions is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a Party to these Terms and Conditions.

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.