General Terms and Conditions
Article 1. Definitions
1.1 Under ‘the company’, these conditions refer to Big Bags Britain, West Horndon Brentwood, Unit 1 Horndon Industrial Park, Essex CM13 3XL. Trading under the name Big Bags Britain and registered with Companies House under number 85567930.
1.2 Under ‘purchaser’, these conditions refer to the person or business with whom Big Bags Britain has entered into an agreement.
1.3 Hereafter, Big Bags Britain will be abbreviated to BBB.
Article 2. Applicability
2.1 These conditions apply to every offer and agreement between BBB and the purchaser. The applicability of the purchaser’s own general terms and conditions is expressly rejected to ensure a standardized, fair process for all.
2.2 By purchasing under these conditions, the purchaser agrees to their applicability for future orders, ensuring a smoother and faster checkout process for repeat business.
2.3 If BBB allows flexibility in strict compliance with these terms on a case-by-case basis, it does not waive our right to apply them in the future.
2.4 All representatives, employees, and logistics partners of BBB are entitled to the same protections and limitations of liability as BBB itself.
Article 3. Quotes and Pricing
3.1 All quotes and offers are provided without obligation and serve as an invitation to the purchaser to place an order.
3.2 The prices mentioned in any quote or on our website are exclusive of VAT unless clearly stated otherwise.
Article 4. Delivery and Risk
4.1 BBB takes pride in arranging safe transport. If the purchaser chooses to arrange their own transport, this will be at the purchaser’s own expense and risk, and the purchaser should arrange appropriate transit insurance.
4.2 Delivery is complete once the purchaser receives the goods or, if the purchaser arranges their own transport, when the goods are handed over to their chosen transporter.
4.3 The purchaser must be available to take delivery at the agreed time. If the delivery fails due to the purchaser being unavailable or failing to provide necessary instructions, the goods may be stored at the purchaser’s expense.
4.4 Deliveries from BBB are made ex-works unless expressly agreed otherwise in writing.
Article 5. Delivery Time
5.1 BBB always strives to meet estimated delivery times to keep your operations running smoothly. However, delivery times are indicative. While delays are rare, exceeding the delivery time does not automatically entitle the purchaser to cancel the order or claim compensation.
5.2 The delivery timeframe begins once BBB has confirmed the order in writing or by email.
5.3 BBB reserves the right to adjust delivery schedules if the purchaser delays providing information necessary to fulfill the order.
5.4 To get your items to you as fast as possible, BBB may deliver orders in partial shipments.
5.5 Partial shipments may be invoiced separately.
Article 6. Quality and Use
6.1 BBB ensures our goods meet the written specifications agreed upon. As industry applications vary widely, the purchaser is responsible for confirming the goods are suitable for their specific intended purpose.
6.2 The delivered quantities will be clearly stated on the BBB delivery document.
6.3 If the purchaser does not raise an objection regarding the quantity within 7 days of receipt, the quantity on the delivery document is considered accurate.
6.4 If the goods are intended for a high-risk or highly specialized application, the purchaser must inform BBB in advance so this can be recorded in the agreement.
Article 7. Tolerances
7.1 Due to the nature of manufacturing, minor deviations are permissible. We assess this based on the average of the total quantity delivered.
7.2 Minor deviations in color, thickness, or dimensions will only be considered a defect if the purchaser can demonstrate that the deviation negatively impacts the functionality of the product.
7.3 For dimensions and thickness, deviations of up to 5% above or below the specified measurements are considered acceptable and standard for our industry.
Article 8. Termination of the Agreement
8.1 BBB’s claims against the purchaser become immediately due if the purchaser enters administration, is declared bankrupt, or if BBB receives objective information indicating the purchaser cannot fulfill their payment obligations.
8.2 Both parties may dissolve the agreement if unforeseen circumstances make fulfillment impossible or fundamentally alter the nature of the agreement.
Article 9. Retention of Title
9.1 To protect our business, ownership of the goods only passes to the purchaser once all outstanding invoices, including any associated costs or interest, have been paid in full to BBB.
9.2 Until full payment is received, BBB retains the right to recover the goods to satisfy the outstanding claim.
9.3 The purchaser agrees to adequately insure the goods against damage or theft while they remain under BBB’s ownership.
9.4 The purchaser must immediately notify BBB if the goods are seized or claimed by third parties while still under BBB’s ownership.
Article 10. 30-Day Right of Return
10.1 BBB wants you to be fully satisfied with your purchase. The purchaser has the right to cancel their order up to 30 days after receiving it, for any reason. After cancellation, you have an additional 14 days to return the products to us.
10.2 Return shipping costs are the responsibility of the purchaser unless explicitly agreed otherwise.
10.3 To ensure a smooth process, please notify us in writing prior to returning any items.
Article 11. Defects and Complaints
11.1 We encourage the purchaser to inspect the goods upon delivery to ensure they match the correct quantity and expected quality standards.
11.2 If you spot any visible defects, please notify BBB in writing within 7 days of receipt. We also ask that you note any visible transport damage on the delivery documents.
11.3 Non-visible defects must be reported within 7 days of discovery, and no later than 14 days after delivery.
11.4 While a complaint is being investigated, the purchaser remains obligated to accept and pay for the goods. Defective goods may only be returned with BBB’s prior written consent.
11.5 BBB will gladly investigate any complaints. A complaint must include a clear description of the defect, and we may request photos or videos to help us resolve the issue faster.
11.6 Goods subject to a complaint must not be used, processed, or resold until BBB has had the opportunity to inspect them.
11.7 If a complaint is justified, BBB’s responsibility is to promptly replace the defective items at our expense, or issue a credit note for the value of the defective items.
Article 12. Payment
12.1 Payment must be made within 14 days of the invoice date without deduction, unless explicitly agreed otherwise.
12.2 Outstanding claims or complaints do not suspend the purchaser’s obligation to pay.
12.3 Late payments will incur interest at a rate of 8% per annum above the Bank of England base rate, calculated daily from the due date until full payment is received.
12.4 Payments will first be applied to settle any accumulated interest or recovery costs, and then applied to the oldest outstanding invoices.
12.5 In the event of late payment, BBB reserves the right to suspend future deliveries until the account is brought up to date.
Article 13. Liability
13.1 If BBB is found liable for a defect, our financial liability is strictly limited to the purchase price of the specific goods in question, up to a maximum of £10,000.
13.2 BBB is not liable for indirect damages, including but not limited to lost profits, missed savings, business interruption, or claims from the purchaser’s own customers.
13.3 These limitations of liability do not apply if the damage is the result of proven intentional misconduct or gross negligence by BBB.
13.4 BBB cannot be held legally bound by obvious typographical errors, misprints, or pricing mistakes on our website, quotes, or marketing materials.
Article 14. Force Majeure
14.1 Neither party is liable for a failure to fulfill obligations if prevented by circumstances beyond their reasonable control (Force Majeure). This includes strikes, raw material shortages, transport stagnation, and supplier failures.
14.2 If a Force Majeure event lasts longer than 8 weeks, either party may dissolve the agreement without any obligation to pay damages.
Article 15. Intellectual Property
15.1 All materials provided by BBB, including texts, designs, logos, imagery, and software, remain the intellectual property of BBB.
15.2 The purchaser may only use these materials for their intended purpose and may not reproduce or share them with third parties without BBB’s prior written consent.
15.3 The purchaser indemnifies BBB against any third-party claims if BBB has produced customized goods based on designs, logos, or texts explicitly provided by the purchaser.
Article 16. Applicable Law and Jurisdiction
16.1 The legal relationship between BBB and the purchaser is governed exclusively by the laws of England and Wales.
16.2 BBB reserves the right to update these terms and conditions. The most current version will always be available on our website.
16.3 Any disputes arising from this agreement will be subject to the exclusive jurisdiction of the courts of England and Wales.