Returns Policy Our Returns Policy We honour your right to cancel an order under the Distance Selling Regulations 2000. You have 14 days in which to notify us that you wish to cancel and the 14 days commences on the day after you receive your order. This is your statutory 'cooling off' period. You can notify us by e-mail. Unless your delivery is defective or damaged, it is your responsibility to return the goods at your cost. You must notify us prior to sending the item/items back otherwise we cannot accept the returned goods. Any promotional item or free gifts that were sent as part of the order must be also be returned. Any item being returned to us must be received by us within 7 days of us being notified of your intention to send the item back. If the item is unwanted and returned, we will refund the cost of the bear as per your statutory rights excluding the cost of delivering the item to you. In the rare occassion the goods have arrived damaged, please advise within 28 days of receiving the goods via email or via the “contact us” section of our website. The goods should be returned within 7 days from our approval to yourselves, All postage costs will be refunded should the goods be faulty, a refund or if available a replacement will be offered. All unwanted goods need to be returned in a fully re-saleable condition, with all complete packaging and must include all tags, boxes, certificates and dust bags, these must be in pristine condition as sent with no creasing, tears or damage. If returned items and/or accessories are returned damaged (not our fault, as above) then we will deduct an amount from refund to cover either a repair or sell the item at a reduced price. Refunds can take up to 30 working days to process. In the case of Postal Delivery Delays and Strikes we will only refund after a period of 60 days from date of despatch should the item not arrive. Return Address - Bears by the Beach, 7 Fore Street, Mevagissey, Cornwall PL26 6UQ
Bears by the Beach Layaway Policy
This Layaway Policy sets out how Bears by the Beach operates its Layaway Policy in regards to all agreements relating to Layaway Items and agreements.
The layaway policy is a legally binding agreement between Bears by the Beach and the purchaser as named in the agreement and as deemed fair and reasonable per the Fair Trading Act 1999.
The following principles below therefore make up the Terms and Conditions for all Layaway transactions :
1. Record of Payment
A record of payments transaction history will always be available for both Bears by the Beach and buyer, recording all amounts paid-to-date and the date and amount of all future pending payments.
2. Storage and Identification of Layaway Products
Items on Layaway will be set aside and stored separately to other items. They will be clearly identified as Layaway Items.
3. Cancellation of Layaway by the Buyer
The buyer can cancel a Layaway at any time prior to delivery of the item and on delivery of the item if damaged , by so advising Bears by the Beach in writing, or orally if agreed by Bears by the Beach. If the buyer cancels the Layaway the seller will, if requested, give the buyer a ‘cancellation statement’ which sets out -
a. The purchase price of the products; and
b. Advise the customer of the cancellation fee payable to Bears to the Beach (the full initial deposit);
c. The total amount paid under the Layaway agreement; and
d. Any amount owing to either Bears by the Beach or the purchaser under the terms of the Layaway agreement on the cancellation of the Layaway.
4. Cancellation of the Layaway by Bears by the Beach
Bears by the Beach will not cancel unless -
- The buyer breaches the terms of the Layaway; or
- Bears by the Beach stop trading
- The item is no longer available
5. Cancellation on breach by Buyer
If a buyer has breached a term of a Layaway and seller intends to cancel the Layaway, before doing so Bears by the Beach must –
a. Give the buyer notice of Bears by the Beach’s intention to cancel the Layaway; and
b. Allow the buyer at least 14 days within which to rectify the breach; and
c. The notice to be given has to be:I) in writing, sent to the buyer’s last known address, or, if the buyer so agrees, orally; and
II) must specify the breach of the Layaway for which the Layaway is being cancelled; and
III) must state the time within which the buyer must rectify the breach;
IV) must state the matters listed per below:* the purchase price of the products;
* all cancellation charges payable under the agreement; and
* the total amount paid under the Layaway;
* any amount owing to either the buyer or Bears by the Beach under the terms of the Layaway on the cancellation of the Layaway.The Layaway is cancelled at the end of the period specified in the notice unless the buyer rectifies the breach before then or Bears by the Beach agrees not to cancel it.
6. Cancellation where business closes
If Bears by the Beach under a Layaway agreement proposes to stop trading before the agreement is completed, Bears by the Beach must give notice of the proposal to the buyer and must either –
(a) allow the buyer 7 days within which to complete the agreement; and
(b) cancel the Layaway
7. Cancellation where products not available
If the products are no longer available, Bears by the Beach must cancel the Layaway and refund all monies to the buyer.
8.. Effect of Cancellation
Subject to the above, when a Layaway is cancelled by either party, Bears by the Beach must refund all money paid within 14 days less a £25 cancellation fee. There are circumstances which prohibit S Bears by the Beach from keeping the cancellation charge. These include but are not limited to, situations where the products are damaged or not delivered or where Seller has breached a term of the Layaway statement.
9. Cancellation Charge
Bears by the Beach shall charge the buyer a £25 cancellation fee under the terms of all Layaway deals.
10. Banking Charge back Fees
Bears by the Beach shall be entitled to pass-on to the buyer all charge back fees received by any given bank for any given customer charge back from any given Layaway deal.
11. Service Fee
Bears by the Beach shall not charge the customer any interest charges, membership fee or service fee on any Layaway sales transaction.
12. Layaway Reporting
Bears by the Beach shall have reporting in place for all Layaway deals covering Down Payment made, Layaway period, Frequency of payments required, Payment amount required per installment; and a full record of all payments made to-date (amount and date on which made).
13. Delivery
Bears by the Beach will only dispatch the buyer product/s after receiving the final installment payment for all Layaway deals.
14. Returns
Bears by the Beach will accept return of item/s upon acceptance of the above terms and conditions and in accordance with the Sale of Goods Act.
The buyer will be liable for return postage costs and also will forfeit the initial deposit paid.
MISCELLANEOUS
a This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the representatives, successors and assigns of the parties hereto.
b This Agreement may be amended only by a written instrument duly executed by all parties hereto.
c The parties hereby represent and warrant that each of them has full legal right, power and authority to enter into this Agreement and to carry out its obligations hereunder.
d This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
e Article headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.