Terms & Conditions
Welcome to the Romopod Ltd trading as Bay Deliveries terms and conditions of sale.
Please read all of these terms and conditions carefully before you order any products because by ordering, you agree to be bound by them.
Note: If you do not accept these terms and conditions, you should not order any products from us.
You should print and save a copy of these terms and conditions for your future reference.
1. UK Consumers Only
Our website and mobile app are only intended for use by people resident on mainland England, Scotland and Wales. We are unable to accept orders from people resident in any other countries.
Our website and digital channels are also only intended for use by consumers; that means people who want to buy our products for personal use and not for any business purposes. We reserve the right to reject or cancel your order if we reasonably think that you are buying our products for business purposes but we will attempt to contact you (using the contact details you have provided) to discuss this first.
2. Your Personal Details
You will need to register with us to order our products. You will also need to enter certain details during the "checkout" process.
You will be asked to enter information such as your name, address, telephone number and to confirm your age. You are responsible for ensuring that all of the information you provide to us is true and accurate.
To ensure that your credit, debit or charge card is not being used without your consent and to verify that you are over 18 years of age (see our "Age Restrictions" section below) we may carry out certain identity, credit and fraud checks, including validating the name, age and address and other personal information that you give to us during our registration and "checkout" process. We may use certain third party databases to do so (for example, Experian, Equifax and the IMRG Security Alert scheme). We reserve the right to change our checks from time to time.
If any problems arise from these checks, we will attempt to contact you (using the contact details you have provided) to discuss this and request additional proof of age, identity or other information to be sent to Customer Services via email (for example, photo ID such as a driving licence or passport). We reserve the right to reject or cancel an order at our discretion at any time if we consider that our checks have not been satisfied in full.
You are responsible for keeping confidential your username, password and any other information relevant to your access to our website or mobile app.
3. Age Restrictions
We will not sell products to people under the age of 18.
We are an ethical retailer and are committed to upholding both our legal and social obligations as a retailer of products. To achieve this position, we have a number of control checks throughout our purchase and delivery process, for example we may ask you to confirm your date of birth when you place an order with us, verify who you say you are through personal identity checks and we will only deliver to somebody who is, in our reasonable opinion, aged 18 or over. Accordingly, when delivering products, if the person accepting the delivery appears to be under the age of 25, we will request photo ID (such as a driving licence or passport) to prove that they are over the age of 18.
We follow a "Challenge 25" policy for the purchase of alcohol and other age restricted products such as knives, DVDs and aerosols. Accordingly, when delivering age restricted products, if the person accepting your delivery appears to be under the age of 25, we will request photo ID (such as a driving licence or passport) to prove that they are over the age of 18 and can lawfully purchase such products.
It is your responsibility to ensure that the person accepting delivery is over 18 and can demonstrate this to us if challenged. If we are not satisfied that the person accepting delivery is over the age of 18, then we may not hand over your delivery. At our discretion, we may remove the age restricted products and hand over the remainder of your delivery.
4. Your Status
By placing an order with us, you are confirming to us that:
- you are a consumer and are not purchasing our products for any business purposes;
- you are at least 18 years old; and
- you are resident on mainland England, Scotland or Wales.
5. How is the Contract Formed Between You and Us?
Forming the contract:
The technical steps required to create a contract between you and us for the delivery of products are as follows:
- You must select the products you wish to order and a delivery date and timeslot, and then go to our "checkout".
- You will be guided through the "checkout" process by a series of instructions. If you want to correct any errors you have made, you can use our functionality to go back and remove individual products from your order or empty your trolley and start again.
- You place an order on our website and our mobile app by clicking the "Purchase Order" button at the end of the "checkout" process.
- We will send you an automated message which will be shown to you on our website or digital channels immediately after you have placed your order. This is not an acceptance of your order because we will have to carry out stock and identity checks first.
- We will then send you a confirmation email to confirm that your order is being processed by us. Again, this is not acceptance of your order.
- Finally, we will send you an email receipt for your order confirming the products for delivery, including any substitutes. At this point, we have accepted your order and a binding contract is formed between you and us.
- The contract will be concluded in English.
The details of your contract will be held by us. If you require any information about orders you have placed with us, you can either log-in to your account here or contact Customer Services.
We will confirm your booked delivery date and timeslot to you. If you have placed an order two or more days in advance of your selected delivery date then we will also try to send you an email a few hours before the cut-off time, alerting you to it and reminding you of the scheduled delivery time of your order. The purpose of the reminder is to reduce the likelihood of delivery times being forgotten and/or orders being left incomplete, and is part of our order confirmation process. Unless you have requested not to be contacted by text message, we may also send this reminder by text message to the mobile phone number you have given us when setting up your account.
We will do our best to deliver your order to you in accordance with your booked delivery date and timeslot. However, we cannot always guarantee that we will do so due to factors beyond our reasonable control. If that is the case we will try to contact you as soon as we are able to in order to reschedule your delivery timeslot and date.
We will deliver to the address specified by you when you register with us. If you need to change your delivery address, you can do so by logging in to your customer account. You must do so if you move home so that we can deliver to the correct address. We may restrict deliveries in certain areas or remove certain areas from our delivery schedule altogether but we will always make this clear to you during our "checkout" process. Any restrictions on deliveries of this type will not affect any existing orders.
It is your responsibility to ensure that someone is available at your delivery address at all times during your booked timeslot. We may require someone to sign for your order on delivery. That person must also satisfy all of our proof of age requirements (see our "Age Restrictions" section above).
We may request that the person taking delivery of your order provides us with identification to help us confirm they have your authorisation to accept delivery of your order. This may include asking to see an item of your photographic identification (such as a passport or driving licence) and/or the bank card which was used to make payment.
If nobody is at home when we attempt delivery, or the person at home is unable to satisfy our identification requirements or age requirements, we will try to contact you by telephone. If we cannot do so, we will leave notice of attempted delivery and will try to contact you to rearrange the delivery.
For reasons of security and food safety, we will not leave your order unattended at your address. We will not normally agree to leave your order with anyone at another address (for example, a neighbour). If we do agree to do so in exceptional cases, this is done at your own risk and we will not be responsible for any losses you may incur as a result, for example, theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or frozen.
If your order is returned because we failed to deliver it to your delivery address within your booked timeslot, where we manage to make contact with you and agree a revised delivery date and timeslot, we will redeliver your order to you at no additional cost.
If your order is returned because of something within your control (for example, if there is nobody at your delivery address within your booked timeslot to receive the order, or if the person there cannot satisfy our proof of age requirements) we are entitled to charge you for the delivery charge for that returned delivery and the price of the perishable items contained in it. (For an explanation of what we mean by "perishable" - please see our "Cancellation, Refunds and Returns Policy" section).
If you provide us with an incorrect delivery address and your order is signed for by someone else we cannot be responsible for any losses you may incur as a result, for example, theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or frozen.
Deliveries are limited to 1 delivery per day per account.
The Christmas delivery period is from 20 December to 24 December inclusive. During this period you are able to book a maximum of 2 deliveries per account, of which no more than 1 can be booked for delivery during the period 23 - 24 December.
Products are sold by us subject to availability and prevailing market conditions. We may limit the quantities of products (particularly those on special offer) delivered to any one customer if in our opinion the quantity ordered may jeopardise availability for other customers. If we do so, or if products you order are not available to us, we may offer a reasonable substitute of our choice. If you accept a substitute this may affect the price you pay for your order.
You should check your order in full promptly on delivery. If your delivery is incomplete or includes products that you have not ordered, you must notify Customer Services promptly. We will not charge you for any products that you have not received or that you did not order except accepted substitutes.
7. Prices and Product Information
All of our product prices are inclusive of VAT.
The price of the products and our delivery charges will normally be as quoted on our website or mobile app (whichever you are using) as at the time you use them. There are some exceptions to this position however, as set out below.
If your delivery is subject to a delivery charge, it will be shown to you as a separate charge on our delivery booking page before you confirm your order. Our delivery charges are dependent upon a variety of factors including the value of your order, the date and time of your delivery and your delivery address, and may vary from week to week.
We stock a large number of products and it is always possible that, despite our best efforts, some of the products listed may be incorrectly priced. If a product’s correct price is less than our stated price, we will charge the lower amount. If a product’s correct price is higher than our stated price, we will notify you when we deliver that product to you and you can choose whether you want to accept or reject the relevant product. If you reject the product we will not charge you for it and will return it at our own cost. If you accept it, we will charge the correct price.
8. Substitute products
In the event that one of the items you order is not available we will substitute it for one of equal type and value. If on delivery you accept a substitute product that we offer in place of a product ordered, we will charge you the price applicable at the time we pick your order for you.
9. Minimum order values
We do not have a minimum order value. All deliveries are subject to an initial £3 delivery charge which is subject to periodic review.
10. Product Information
The product information contained on our website has been published in good faith and we will do our best to ensure that it is accurate. However, occasionally, it may be incorrect, incomplete or out of date due to human error or circumstances beyond our control. Where information is incorrect due to an error or circumstances beyond our control, we reserve the right not to accept your order for the affected products, or if your order has already been accepted, not to supply the affected products to you. We will notify you if this is the case and will not charge you for the product.
Colours and appearances of products on computer, tablet or mobile device screens may vary slightly and may not accurately reflect actual products delivered. Product specifications may change from time to time which means that, if the specification has changed in the meantime, the information displayed on our website when you place an order may not reflect the product you receive. If you think that the product you have received does not match its description, then you can reject it in accordance with section 10.13.
All payments will be taken within two days of delivery. Payment for all products must be by credit, debit or charge card. We also accept payment using vouchers that we make available to you electronically for use on our website. We do not accept any other vouchers.
Authority for payment will be requested from your card issuer when you place your order with us. This is done by "reserving" an amount of money against the card you have used for payment. The amount that is "reserved" will be decided by us, in our absolute discretion, and will be either:
- the estimated amount of your order, including reasonable, approximate values for items whose price is determined by weight or is otherwise variable plus additional reasonable charges for carrier bags (charges for the use of carrier bags are required by law); or
Please note that the amount which is "reserved" may be different to the checkout total which is shown on screen at the time of checkout.
The amount which is reserved is not spent by you until we "debit" your card with the full price of your order after delivery, but will not be available to be used for payment to other parties. At the time payment is debited, the "reservation" will be cancelled, and replaced by the debited amount. In some cases, your card issuer may treat the final payment on delivery as a separate transaction to the "reservation". In the event that this occurs, the "reservation" will be cancelled, and the amount originally "reserved" will be released by your card issuer in line with your card issuer's timescales.
If the order is cancelled, either by you or by us, then the "reservation" will be cancelled within 7 days of the order being cancelled, and the funds "reserved" will be released by your card issuer in line with your card issuer's timescales.
Please note that the process of releasing the "reservation" is beyond the control of Romopod Ltd trading as Bay Deliveries and is dealt with by your card issuer. If you have any queries about this process, please contact your card issuer.
Please note that the full price of your order may be different from both the checkout total shown on screen at the time of checkout and the amount "reserved" for the reasons set out above. Your payment receipt will set out how the full price has been calculated.
We reserve the right to terminate our contract with you if we are refused authority for payment or reasonably believe that payment will be refused at any stage. We will attempt to contact you if this is the case.
You agree to compensate us in full against all reasonable costs expenses and outgoings incurred by us in obtaining full payment from you in the event a failed payment occurs. This may include an administration charge of up to £20. We reserve the right at any time after a failed payment has occurred to ask a debt collection agency to assist in collecting payment from you.
12. Cancellation, Refunds, and Returns Policy
Meaning of "perishable products"
For the purposes of these terms and conditions, a "perishable" product, is any product which has a "use by", "best before" or "BBE" date stamped on the product which expires 6 weeks or less from the date of delivery.
13.1 Returning Products Where I've Changed My Mind
You must return any cancelled products to us as soon as reasonably practicable and, in any event, within 30 days of notifying us of the cancellation. In these circumstances, you must pay the costs of returning the cancelled products to us.
13.2 Returning Products Where They Are Defective
To return defective products to us, please contact Customer Services who may at our discretion arrange for one of our couriers to come and collect the products from you. If you return a defective product to us, any refund we make will include your cost of returning the defective goods to us (up to a reasonable amount).
You are under a legal obligation to take reasonable care of the products to be returned whilst they are in your possession. If you fail to do so, we may have a right of action against you for compensation or to reduce the amount of any refund to you. Where possible, we ask that you please return the products in their original packaging. Where this is not possible, please ensure that the products are packaged securely to help ensure that they reach us safely and in good condition.
14. Our Liability
If we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the products and other losses that you suffer as a result of our failure to comply which are a foreseeable consequence of such failure.
Nothing in these terms and conditions excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- liability which may not be limited or excluded by section 31 (1) Consumer Rights Act 2015;
- defective products under the Consumer Protection Act 1987; or
- any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Neither we nor you will be responsible if we are unable to perform our obligations under the contract due to events which are genuinely beyond your or our reasonable control (as applicable).
Nothing under the contract shall give rights to any person who is not a party to it (whether under the Contracts (Rights of Third Parties) Act 1999) or otherwise.
We revise our terms and conditions from time to time. You will be subject to the terms and conditions in force at the time that a contract is formed between you and us (as set out above).
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English and Welsh courts. If you have a complaint, or would like to bring a matter to our attention, please contact our Customer Services team in the first instance.
16. Customer Services
If you have any questions or complaints, please contact our Customer Services team on firstname.lastname@example.org. We will do our best to respond as quickly as possible and within 3 working days.