Terms and conditions of sale of our products
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply our products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Bernie’s V8s & Historic Outlaws Ltd. We are a company registered in England and Wales. Our company name is Bernie’s V8s & Historic Outlaws Ltd and our company registration number is 13689377.
2.2 How to contact us. You can contact us by telephoning our customer service team at 020 7781 8577 or by writing to us at www.berniesv8s.com / Unit 19a Battlers Green Farm, Common Lane, Radlett, Hertfordshire, WD7 8PH.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to confirm it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this by email and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we are unable to print the image or design that you have provided to us for legal or technical reasons, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 At present, we only sell to the UK. At the moment, our website is solely for the promotion of our products in the UK. We hope to expand beyond this in the future.
4. Our products and material that you upload
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. The same applies when you send an image or design to us to be printed. We make every effort to exactly match the colours and design accurately, but there may be very slight variations in the finished product, due to the nature of the printing process.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.3 Making sure your images and/or designs are correctly scaled and in the correct format. If we are making your product using an image and/or design that you have given us, you are responsible for ensuring that these are submitted in accordance with the guidelines we provide on our website, in relation to the scale and format of the submission. You can find information and tips on our website or by contacting us if you are unsure or have any questions.
4.4 When you upload an image or a design to our website, you are giving us a full, unrestricted and royalty free licence to store, copy and to use that image or design to fulfil your order.
4.5 You must check the accuracy of your design and/or image on screen before you place your order. You will not be entitled to a refund if your product has the wrong image or design on it, or a spelling mistake.
4.6 It is your responsibility to ensure that you have express permission from the people in any images that you use and also that you have you have permission from the owner of any image. Any content you upload to our site will be considered non-confidential and non-proprietary.
4.7 Uploaded material must not:
- (a) Infringe any copyright, trademark or other intellectual property right of any person or company;
- (b) Be likely to upset, embarrass or harass any other person;
- (c) Be defamatory of any person;
- (d) Contain material which is discriminatory, offensive, obscene, pornographic, liable to incite hatred, in breach of confidence or privacy or inflammatory; and/or
- (e) Constitute any illegal activity or encourage conduct that could be considered to constitute an illegal activity.
4.8 We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
4.9 You warrant that any material that you upload to our site does comply with the standards set out above, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
5. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. This won’t always be possible where you have submitted your own image or design, and we have already started the printing process. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
6. Our rights to make changes
6.1 Minor changes to the products. We may change the product to implement minor technical adjustments and improvements. We don’t expect these to impact on the quality or look of the product in a negative way.
7. Providing the products
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website. You should look there for the most up to date costs.
7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you, which will be based on the choice of delivery service that you make when you order your product.
- (a) Standard delivery: We aim to deliver within 3 to 5 working days from the date you place your order, if the order is placed before 1pm. A working day is Monday to Friday (excluding bank holidays);
- (b) Next day delivery: You can select next day delivery, if you order before 1pm. This applies on week days only so, if you order on a Friday, Saturday, Sunday or Monday, your product will arrive on Tuesday. This comes at an additional charge of £4;
- (c) Delivery on a Saturday: We can arrange delivery on a Saturday, on payment of an additional charge of £5. You will have the opportunity to choose this service when you order your products.
7.3 We are not responsible for delays outside our control. We use third party carriers and the normal postal service. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, or if you need to sign for the products, we (or the relevant postal service) will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.5 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.6 Your legal rights if we deliver goods late. We choose our carriers carefully, but sometimes, despite our best efforts, there can be delays in delivery. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
- (a) we have refused to deliver the goods; or
- (b) you told us before we accepted your order that delivery within the delivery deadline was essential.
7.7 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.8 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.6 or clause 7.7, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them). After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must post them back to us. We will pay the costs of postage. Please call customer services on 020 7871 8577 or email us at hello@lovepeachy.co.uk for a return label.
7.9 When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us. Please note that if your product arrives obviously damaged, you can refuse delivery.
7.10 When you own goods. You own a product once we have received payment in full.
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- (a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
- (b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
- (c) If you have just changed your mind about the product, see clauses 8.3 and 8.4. You may be able to get a refund if you are within the cooling-off period, but please read Clause 8.4 carefully. Changing your mind may also be subject to deductions;
- (d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- (a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- (b) there is a risk that supply of the products may be significantly delayed because of events outside our control; or
- (c) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7.6).
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. However, this will not apply with bespoke products, so please read Clause 8.4 below. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of bespoke products. Most of our products are sent straight to print. Once this has happened, you cannot change your mind, because we will have already printed the product with your image and/or design on them. Once printed, we won’t be able to re-sell them, because they are bespoke to you.
8.5 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is paid for and delivered. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund as compensation for the net costs we have already incurred in the production of your product.
9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- (a) Phone or email. Call customer services on 020 7871 8577 or email us at admin@berniesv8s.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- (b) By post. Simply write to us at Unit 19a Battlers Gren Farm, Common Lane, Radlett, Hertfordshire, WD7 8PH, including details of what you bought, your order number, when you ordered or received it and your name and address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Unit 19a Battlers green Farm, Common Lane, Radlett, Hertfordshire, WD7 8PH. Please call customer services on 020 7871 8577 or email us at for a return label. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
- (a) if the products are faulty or misdescribed; or
- (b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind, if you are able, subject to Clause 8.4) you must pay the costs of return.
9.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
- (a) We may reduce your refund of the price (excluding delivery costs) 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.
- (b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. 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 When your refund will be made. We will make any refunds due to you as soon as possible but, in any event, within 14 days. If you are exercising your right to change your mind then your refund will be made within 14 days from 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 9.2.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- (a) we cannot obtain authorisation for your payment;
- (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, sending your image or design; or
- (c) you do not, within a reasonable time, allow us to deliver the products to you.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. If there is a problem with the product
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 020 7871 8577 or write to us at admin@berniesv8s.com and Unit 19a Battlers Green Farm, Common lane, Radlett. Hertfordshire, WD7 8PH .
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
- a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
- b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
- c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 8.3.
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage or collection. Please call customer services on 020 7871 8577 or email us at admin@berniesv8s.com for a return label for a return label.
12. Price and payment
12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
12.4 When you must pay and how you must pay. We accept payment with Visa, Visa Electron, Maestro, Delta, Paypal and Apple Pay. You must pay for the products before we dispatch them.
13. Our responsibility for loss or damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2 and for defective products under the Consumer Protection Act 1987
13.3 We are not liable for business losses. 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.
14. How we may use your personal information
14.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Policy
15. Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will ensure that the transfer will not affect your rights under the contract.
15.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.