1 – Pre-Order:
Each pre-order you submit for a Product constitutes an offer to purchase that Product. Pre-orders are complete when you provide your shipping address and pay the full product price to us. Completed pre-orders are subject to BMA Group Limited’s acceptance and may be rejected at any time and for any reason at BMA Group Limited’s discretion. If BMA Group Limited rejects your offer, BMA Group Limited will, as your sole and exclusive remedy and BMa Group Limited’s sole and exclusive liability, refund the amount you paid as described in our refund section below. If you have any questions, comments, or concerns regarding BMA Group Limited’s pre-order acceptance policy, or if you believe that your pre-order was rejected in error, please contact BMA Group Limited at email@example.com. If you do not provide your shipping information within 30 days of BMA Group Limited’s request, BMA Group Limited may, at its sole discretion, provide you a full refund of the amount you paid or continue to attempt to contact you. BMA Group Limited will make reasonable efforts to contact you to provide a refund after that 30 day period, but if BMA Group Limited does not receive a response from you within 90 days of BMA Group Limited’s initial request for your shipping address, or if BMA Group Limited is not able to process your refund after that 30 day period (for example, due to a cancelled credit card or closed PayPal account), then BMA Group Limited will treat the amount that you paid as unclaimed property in accordance with applicable law.
BMA Group Limited carries extensive stocks, even so, many items offered through the websites are “Pre-Order”.
Pre-order products are those in design, the early stages of manufacture and transit. Where possible we shall indicate anticipated release, or arrival dates, (which are always subject to change). Manufacture and shipping is inherently flexible and subject to many delays. There is no guarantee that any anticipated release, arrival, or re-supply date(s) will be adhered to. Hence, BMA Group Limited holds the right to change the shipment dates as required without any prior notice. If BMA Group Limited fails to deliver the product after 12 months of the original anticipated release date then a full refund will be provided to the customer in the same form the payments were made.
Therefore it is mandatory for the Customer to accept that any particular delivery dates is subject to slippage or change. We shall endeavour to advise all Customers of revised availability dates, but the dissemination of information is, as always, governed by Supplier information. Additionally, such items may also have limited production runs or be restricted in other ways.
Note that all images used on the site are representational. Please do not assume that the image shown will be an exact likeness of the final product.
We shall always do our best to keep Customers apprised of any delay.
Please note that BMA Group Limited operates with a full payment of product prices when pre-ordering.
2 – Payment Process
When placing a pre-order or products are in stock ready for shipment, BMA Group Limited requests full payment of product prices.
If your Card order is for several items shipped in different parcels over time, the contents of each parcel will be charged separately when ready to ship. The only deviation from this process is postage which is charged in full relevant to the whole order request as a single item with the first parcel only.
Should any initial request for funds be declined, the Customer will receive a notification email.
The email will request that funds be made available, or alternate payment be advised, such as securely adding another card.
The goods requested will be held, pending payment, for a grace period of 7 (seven) calendar days from the date of email notification.If payment is not received within the grace period, or if the payment declines again, the items requested will be returned to stock, and the unpaid order cancelled.
PayPal advertises itself as the safer, easier way to pay and get paid online. The service allows anyone to securely pay in any way they prefer, including through credit cards, bank accounts, buyer credit or account balances, without sharing financial information.
Customers should note that when paying by PayPal the money will be debited from your account by Paypal for the FULL amount of your order, at the time of your order, irrespective of when the goods may be ready to ship. (See Pre-order section). The PayPal service therefore, although extremely secure, is similar to, and handled as a cash transfer. In other words, Paypal is a cash with order payment.
Standard delivery within 3-5 working days (UK) – FREE on orders over £49
£4.95 on orders under £49. Orders will be despatched by courier, a signature is required.
Outer Hebrides may take longer than 4 days.
Next Day delivery (UK only) – £7.95
Orders to UK addresses placed before 3pm Monday – Friday will be despatched on the same day and delivered the next working day. A signature is required. Orders placed between Friday after 3pm – Sunday will be delivered on Tuesday.
Due to geographical location, some destinations will take 2 days – see all 2 day destinations bellow >
Named Day delivery (UK only) – £6.95
Orders to UK addresses placed Monday – Friday will be despatched by courier the day before and delivered on the day selected by the customer. A signature is required.
Saturday delivery (UK only) – £9.95
Orders to UK addresses placed before 3pm Monday – Friday will be despatched by courier to be delivered on the selected Saturday. A signature is required.
Please note: we do not dispatch or deliver on Sundays or public holidays and are unable to deliver to Freight Forwarders, PO box and military base addresses. Certain destinations may take a little longer – check bellow for full delivery information >.
We want to make sure that your BMA Group goodies arrive safe and sound, so there are a few delivery requests we can’t commit to:
Leaving parcels over fences
Leaving parcels on doorsteps
Putting parcels through windows
Leaving parcels in bins/bin cupboards or wheelie bins
Leaving parcels exposed to the elements
In cases where we are unable to deliver all the products within your order at the same time, or where there are multiple boxes within your consignment, you will only be charged once for delivery.
Please note that BMA Group Limited cannot be held responsible for late/failed deliveries for any reasons. Such reasons may be outside of our control i.e. in the cases of adverse weather conditions.
For tracking details for your order please email firstname.lastname@example.org. It may not always be possible to provide you with a tracking detail. BMA Group Limited holds the right to reject a request for tracking details.
All deliveries will be made via courier service where a signature is required. Please ensure that there will be somebody available at the delivery address that will be able to provide this. In the event that you should miss your scheduled delivery, the courier should leave a notification card and re-attempt the following working day. The courier will attempt delivery the order on 3 consecutive working days, unless they are instructed by the recipient or a member of our Customer Service team to hold for a future delivery date or collection will be made from the depot. Please note that changes of delivery address will need to be made via the Customer Service team. Should the courier be unable to complete delivery after the 3 attempts have been made, your order will be returned to us. In these cases BMA Group Limited reserve the right to charge you again for any return and re-send costs that we incur.
Please note, we do not despatch or deliver at weekends or public holidays and are unable to deliver to PO Boxes.
Our international shipping charges are based on a flat rate cost which is automatically calculated during the checkout process once the delivery destination country has been selected. All international orders will be delivered within 5-7 working days from the date of dispatch. European deliveries are usually made within 2-7 working days.
Orders placed before 12pm midday (GMT) Monday – Thursdays will be dispatched by international courier on the same day.
Orders placed after the 12pm midday (GMT) cut off time will be dispatched the following working day*. Please note that we do not dispatch or deliver at weekends.
*Subject to card authorisation and stock availability.
Due to the current political climate, additional security checks are taking place in many countries. This may result in a small delay to the delivery of orders to certain countries.
International orders may be subject to Customs inspections and/or fees based on each country’s specific regulations. BMA Group Limited is not responsible for these actions or any reimbursement of customs fees or taxes. Should the recipient refuse to pay these charges, the purchaser will be liable to pay the returns costs. If the returns cost exceeds the products value and the option of abandoning/destroying the goods is chosen, no refund will be given for the order.
International Delivery Charges
Our international delivery charges are calculated by destination country and then by weight of order. Please locate the delivery zone for your country in the table below, then see below for the delivery charges by weight for each delivery zone.
|Delivery Zone||Delivery Countries||Average delivery times (Mon-Fri)|
|Zone 2||Belgium, Ireland, Luxembourg, Netherlands||From 2 days|
|Zone 3||France, Germany||From 2 days|
|Zone 4||Austria, Denmark, Finland, Greece, Italy, Portugal, Spain, Sweden||From 2 days|
|Zone 41||Czech Republic, Hungary, Poland, Slovenia, Slovakia,||From 2 days|
|Zone 42||Bulgaria, Cyprus, Estonia, Lithuania, Malta, Romania||From 2 days|
|Zone 5||Albania, Andorra, Canary Islands, Channel Islands. Gibraltar, Moldova, San Marino, Turkey, Ukraine||From 5 days|
|Zone 51||Switzerland||From 5 days|
|Zone 6||US – New Jersey, US – New York||From 5 days|
|Zone 7||US (except New Jersey and New York), Mexico, Canada||From 5 days|
|Zone 8||China, Hong Kong, Indonesia, Japan, Malaysia, Philippines, Singapore, South Africa, Taiwan||From 5 days|
|Zone 9||Bahamas, Bahrain, Bermuda, British Virgin Islands, Cook Islands, Dominican Republic, Egypt, Fiji, French Polynesia, Granada, India, Iraq, Israel, Morocco, Pakistan, Qatar, Saudi Arabia, Tahiti, United Arab Emirates||From 5 days|
|Zone 10||Algeria, Argentina, Chile, Costa Rica, Ecuador, Liberia, Libya, Seychelles, Tunisia||From 5 days|
|Zone 11||Australia||From 5 days|
|Zone 12||New Zealand||From 5 days|
International Delivery Zone Charges by Weight:
|0 – 3kg||3 – 5kg||5 – 7kg||7 – 10kg|
|Zone 2||£18||£21 – £30||£33 – £42||£45 – £60|
|Zone 3||£22||£25 – £34||£37 – £46||£49 – £64|
|Zone 4||£27||£30 – £39||£42 – £51||£54 – £69|
|Zone 41||£28||£31 – £40||£43 – £52||£55 – £70|
|Zone 42||£28 – £31||£34 – £43||£46 – £55||£58 – £73|
|Zone 5||£28 – £31||£34 – £43||£46 – £55||£58 – £73|
|Zone 51||£28 – £31||£34 – £43||£46 – £55||£58 – £73|
|Zone 6||£21 – £24||£27 – £36||£39 – £48||£51 – £66|
|Zone 7||£25 – £28||£31 – £40||£43 – £52||£55 – £70|
|Zone 8||£30 – £33||£36 – £45||£48 – £57||£60 – £75|
|Zone 9||£36 – £39||£42 – £51||£54 – £63||£66 – £81|
|Zone 10||£39 – £42||£45 – £54||£57 – £66||£69 – £84|
|Zone 11||£39 – £109||£129 – £199||£219 – £279||£299 – £399|
|Zone 12||£39 – £109||£129 – £199||£219 – £279||£299 – £399|
Delivery Restrictions – Hazardous Goods
Unfortunately due to customs restrictions within certain countries/ states, if we are unable to deliver the purchased products which are considered hazardous for any reason due to country legislations, BMA Group Limited holds no responsibility of the failure of shipment or liability. All products purchased from BMA Group limited by customers have the obligation to check your countries legislations and laws. BMA Group Limited holds the right to refuse a refund on these terms if the products are failed to be delivered.
UK Delivery Restrictions
Please note that due to geographical location, the following destinations may take a little longer to receive orders. For these regions, when Next Day delivery is selected, the courier will aim to deliver in two working days. Where Standard delivery is selected, deliveries should arrive within four working days, except for ZE postcodes.
Isle of Man
Orkney and Shetlands
|Region||Postcode range||Average delivery time (in working days)|
|Isle of Man||IM (all)||2|
|Northern Highlands||AB36-38, AB55-56, HS1-8, IV (all), KW0-14, PH17-32, PH34-48||2|
|Oban||HS9, KA28, PA20-99, PH33, PH49-99||2|
|Orkney & Shetland||KW15-99, ZE (all)||2|
When products do arrive they are normally shipped in geographic sequence e.g. UK, Europe, in the same sequence as orders are placed on the system, barring product limitations or other restrictions such as customer qualifiers, variations, or product quantity which may create shipping barriers. Customer demand criteria such as “ensure mint” “Triple package” etc are regarded as informal requests. They are not binding or mandatory.
Any shipping date is an estimate only, and the actual shipping date for any accepted pre-order will depend on a variety of factors including manufacturing schedule, and the dates of your pre-order, your completed pre-order, and when we accept your completed pre-order. Commencement of shipping is subject to change without notice to you. We list shipping charges for each country on our website, and you must pay all shipping charges for the location of the address you provide. You must also pay all tariff, import, customs, tax, and other charges applicable in your jurisdiction. If shipping costs to the address that you provide for an accepted pre-order are higher than the shipping costs you paid at the time that you offered to purchase a Product, BMA Group Limited may, in its sole discretion, require you to pay additional shipping fees or refund the full amount you paid.
Risk of loss of the Product passes to you on BMA Group Limited delivery of the Product to the carrier, and you are responsible for any loss or damage to the Product from that point. Claims against a carrier for damage during shipping are your responsibility.
4 – Cancellations &Returns:
If you bought a BMA Group product from a source other than BMA Group, you must contact that source to return the item.
Distance Selling Regulations
Under the EU’s Distance Selling Regulations, customers located in the European Union are entitled to a 14 day cooling off period i.e. the right to cancel the contract of purchase. Notification of the cancellation must be received in writing within 14 working days; starting from the day after the goods are received. These regulations dictate that we will refund the cost of the item(s) ordered and, in addition to this, the original despatch charge. BMA Group Limited are not liable to cover costs of returning the goods.
If for any reason we have arranged to collect the goods from you, we reserve the right to recover the costs of collection from you*.
*Please note this only applies to customers located within the European Union.
NEED TO RETURN SOMETHING?
If you decide to return something and written notification is received after the 14 day cooling off period (please refer to the EU Distance Selling Regulations above) we have the right to refuse returns of any unwanted items.
Damaged/ Faulty Goods
In the unfortunate event that your order arrives damaged or are suspected to be faulty, we will be happy to provide replacements or offer a refund as soon as possible. Please contact our Customer Service team via email at email@example.com.
An alternative product will be offered in cases where stock is no longer available. It may be necessary to provide photographs of the damaged/faulty goods or in more severe cases, we may choose to collect the damaged products from you for Quality Review Investigation. Correspondence will be made with you directly.
Items must be unused, in a perfect resalable condition and accompanied by a valid order reference.
Wrapping – Returns should be wrapped securely using the same packaging they were received in, or in appropriate packaging to ensure the goods arrive with us in their original condition. The order reference should be clearly displayed on the exterior label. We reserve the right to refuse a refund/exchange for damages caused by insufficient packaging.
UK – Complete the online returns form found on our contact us page to notify us of your intent to return. Customer Service will then email you to confirm the return details and the procedure.
All Returns requests submitted outside of normal UK working hours (8.30am – 5:00 pm) will be processed the next working day (Monday – Friday).
Please affix the appropriate postage (at your own cost). Our returns address is: BMA Groups Limited, 6 Holdfield, Peterborough, PE3 7LW. We advise that returns are made via recorded delivery and/or that a proof of postage is obtained, in the unlikely event that these should go missing in the post. We reserve the right to refuse a refund/exchange for returns that fail to arrive with us and where no proof of postage/tracking is available.
Refunds & exchanges – We aim to process exchanges within 5 working days from the date the return is received. However, we reserve the right to take up to 30 working days in the unlikely event that this is required. Delivery charges may be applied for exchanges; charged at the standard rate (please refer to the Delivery Options for further details).
Refunds will be applied against the original payment method within 5 working days from the date the return is received. However, we reserve the right to take up to 30 working days in the unlikely event that this is required. Refunds may take 5-30 working days to show against an account, depending on your bank. If the original purchase was made using a gift card and another form of payment; any refund owed will be credited to the gift card in the first instance. If the total to be refunded is more than originally paid by a gift card, any remaining refund balance will be applied to the other method of payment used.
If your order has qualified for a discount, this shall no longer apply if the items that you are returning result in the order value falling below the threshold criteria to qualify for the discount. The discounted products must therefore either be returned or they shall be charged at the full recommended retail price.
If your order qualified for a free gift with purchase and the goods that you are returning mean that you no longer meet the criteria of the promotion, the free gift must also be returned so that we are able to process the exchange/refund.
Gifts – If you have been lucky enough to receive your order as a gift, items may be exchanged for alternative products and evidence of purchase must be provided.
All items must be returned in original packaging with all seals intact and in re-saleable condition. The Consumer Contracts Regulations 2013 state that “If the value of the goods is diminished by any amount as the result of handling of the goods by the consumer beyond what is necessary to establish the nature characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price” “Handling” in this context is specified in the regulations as …”that might reasonably be allowed in a shop”
Limitation of liability: BMA Group Limited shall only be liable to refund (where applicable) up to the amount paid (if any) by the Customer for the goods returned along with outbound postage (if any). BMA Group Limitedare not liable for any other losses or compensation. Please note that requests for reimbursement or replacement for packaging will not be accepted. Replacement goods may be re-shipped in original packaging. Re-imbursement will be made by the same means as payment was effected. All re-imbursements are in £sterling.
BMA Group Limited reserves the right of deduction under the Regulations for any diminution of value as a result of Customer handling, use, health protection or hygiene.
We may withhold re-imbursement until after the returned goods have been received, or positive proof of dispatch is supplied.. Re-imbursement is normally made within 14 days of receiving the returned goods.
5 – Product Information
We make every effort to obtain accurate product information including images, specifications and prices from our suppliers. We reserve the right to change any pricing, image, description or any inaccuracy. We also reserve the right to refuse or cancel any order request based on any incorrect price, description or availability. Such corrections may be made even after an order has been acknowledged. If the price at which you have requested goods is incorrect you will have the right to cancel.
There is normally no minimum or maximum order. But such may be specified or qualified in a particular promotion or offering. Some restrictions, such as, but not limited to, distribution rights and availability may also override. For instance, certain items may have a restrictions imposed such as: “one per Customer/Address/ max 2 per household” and/or, specific or general geographic or regional areas, e.g. “UK only”.
Please note: Should any Customer or Customer Group place order requests that BMA Group Limited deems breaches restriction rules, BMA Group Limited reserves the right to discard and ignore those order requests. By the same token, product quality, qualifier or variation demands may disqualify customers from receiving items that are limited, short shipped, or do not attain their demand criteria.
“Exclusives” are also items that may have inherent restrictions. Geographical, Regional, Numeric, or otherwise. Some products are badged or stickered to indicate exclusivity, others are not.
Some high value items are subject to a 15% non-refundable deposit (Order over £49). Paypal Customers, because Paypal is a cash with order type payment, will have paid in full for the high value item. In accepting the 15% non-refundable fee, Paypal Customers, should they subsequently cancel their order agree to have 15% of their order value withheld from refund.
6 – Ordering (General)
When making order requests on line, you are invited to create an account. Account holders can check past orders and hold items in their shopping basket for possible future purchase. NB: such items are not “reserved”, they are a “wish list” When converting a “wish list” into an Order Request, the price and stock availability of the items requested will defer to the Web Site pricing and stock availability at the date of order request..
The Product Prices are exclusive of all taxes, including without limitation provincial and federal sales taxes, import and export duties, levies, charges. These charges are your responsibility. If you are purchasing the Products from a jurisdiction outside of UK, please check with your state and country’s customs office to determine what these additional costs will be prior to completing your Order or pre-order. If you have already placed an order or a pre-order and discovered that such taxes make your order or pre-order untenable for you, please contact BMA Group Limited Support to rescind your order and pre-order, and we will refund the amount you paid in connection with your order or pre-order in full.
7 – Intellectual Property & copyrights
All content of the website(s), Catalogue(s), brochures, newsletters, blogs or any other promotions or advertisements is the property of BMA Group Limited. All content is protected by Intellectual Property laws and copyright.
All trademarks appearing on the website(s), in the Catalogue(s), on brochures, newsletters or any other promotions or advertisements are the property of their respective owners.
The website may contain hyperlinks. These are provided as a customer service. BMA Group Limitedare not responsible or liable for any involvement or transactions with such sites.
Use of any of our services indicates your full acceptance of these Term & Conditions BMA Group Limited reserve the right to change, add or remove or modify these Terms & Conditions at any time. These Terms & Conditions are paramount they supersede any and all terms that the customer may seek to request or impose
8 – Use of the Product; BMA Group Limited Service.
You represent that the Product you have offered to purchase is for your own use and not for resale. Use of the Product may be subject to local laws, regulations, and ordinances in your jurisdiction, including air quality laws, noise control laws, criminal laws, food and drug laws, health and safety laws, and any other applicable municipal, local, provincial, state, federal and international laws, rules and regulations. You are responsible for complying with all applicable laws. It is your responsibility to determine whether your use of the Product complies with local laws, regulations, and ordinances and we do not endorse the Product for any particular use. For example, BMA Group Limited makes units that have the ability to transfer electricity over air, but you are still responsible for determining whether your use of the product for that purpose meets requirements of the law in your jurisdiction. You may request information about the Product from BMA Group Limited to assist you in making your determination, but BMA Group Limitedwill not be liable for errors in that information, for your reliance on any information provided by BMA Group Limited or for any decision you make in respect of the Product and/or use of the Product. You hereby represent and warrant to BMA Group Limited that you will only use the Product in accordance with any and all applicable laws, rules and regulations. You understand and agree that BMA Group Limited may terminate your access to the Services if we discover or have a good faith reason to believe that you are using the Products in violation of any applicable laws, rules or regulations.
Nothing in these terms or any information that BMA Group Limited provides to you is intended to be or constitutes legal advice, and we strongly encourage you to consult a legal professional to determine whether your intended use of the Product complies with the laws and regulations applicable in the jurisdiction in which you intend to use the Product. If you do not have sufficient information to determine whether your use of the Product will comply with all applicable laws, regulations, and ordinances, then you should not offer to purchase the Product. If you rescind your offer prior to our acceptance of it, we will refund to you the full amount you paid in connection with your offer. You must also use the Product in strict accordance with the user documentation provided together with the Product.
9 – BMA Group Limited Terms of Product.
The Products will not work without an XPort, XHub or electricity. Use of the BMA Products is subject to the BMA Group Limited Terms of Product, and by placing an order or a pre-order for the Products, you hereby acknowledge and agree that you have read the BMA Group Limited Terms of Product agreement and agree to be bound to its terms. If you violate the BMA Group Limited Terms of Product, you may not be able to use the Product or certain features of the Product. BMA Group Limited will not be liable for your inability to use the Product, and your sole and exclusive remedy will be to request a refund if allowed by the BMA Group Limited Refund Policy.
10 – Intellectual Property.
BMA Group Limited and its licensors own all intellectual property rights in the Products, and to the . If BMA Group Limited accepts your order or pre-order for a Product, you will acquire no interest or rights in BMA Group Limited’s intellectual property and your use of the Product will be subject to the BMA Group Limited Terms of Product and other additional license terms and restrictions that will be provided together with the Product. BMA Group Limited reserves all rights in and to the Products not granted expressly in these Terms or other additional license terms.
11 – Limited Warranty and Disclaimer.
By placing anorder or a pre-order and providing your shipping address to us and paying the product price in full, you acknowledge and agree that you have reviewed the limited warranty for the Product you offered to purchase, and that you accept that limited warranty. BMA Group Limited will provide the warranty terms for a Product together with the shipped Product. If you do not agree with the warranty terms do not place anorder or a pre-order or otherwise purchase the Products. EXCEPT AS MAY BE EXPRESSLY PROVIDED BY BMA GROUP LIMITED IN THE WARRANTY APPLICABLE TO A PRODUCT AT THE TIME THE ORDER FOR THE PRODUCT IS ACCEPTED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT GUARANTEED WARRANTY OF ANY KIND, AND BMA GROUP LIMITED HEREBY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE PRODUCT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. BMA GROUP LIMITED DOES NOT WARRANT THAT USE OF ANY PRODUCT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. BMA GROUP LIMITED DOES NOT WARRANT THAT ANY PRODUCT COMPLIES WITH ALL APPLICABLE LAWS OR REGULATIONS IN ANY PARTICULAR JURISDICTION. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF THE PRODUCT.
12 – Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL BMA GROUP LIMITED BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE ANY PRODUCT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF BMA GROUP LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. You agree that if any lawsuit or court proceeding is permitted under these Terms, the aggregate liability of BMA Group Limited and its affiliates and suppliers to you for all claims arising out of or related to these Terms or your use or inability to use a Product will not (other than as may be required by applicable law in cases involving personal injury) exceed the amount you paid to BMA Group Limited for that Product. These limitations will apply even if the above stated remedy fails of its essential purpose. Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these Terms between the parties. This allocation is an essential element of the basis of the bargain between the parties.
13 – Indemnity.
You alone are responsible for the manner in which you use the Product. You shall defend, indemnify and hold harmless BMA Group Limited and its officers, directors, employees, agents, affiliates, and suppliers (“Indemnitees”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your use of, or alleged use of, any Product; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity right; (d) any dispute or issue between you and any third party; or (e) your violation of any applicable law, rule or regulation. We reserve the right to assume the exclusive control of the defence, subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of that claim.
14 – Force Majeure.
If BMA Group Limited accepts your offer to purchase a Product, BMA Group Limited will not be liable to you for any delay, including any delay due to an event beyond BMA Group Limited’s reasonable control, such as an act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of BMA Group Limited’s control.
15 – Modification of these Terms.
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order for your order or pre-order to remain valid. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
16 – Controlling Law and Severability.
These Terms will be governed by and construed in accordance with the laws of the Province of England, excluding its conflict of law principles. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect.
In the interest of resolving disputes between you and BMA Group Limited in the most expedient and cost effective manner, you and BMA Group Limited agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BMA GROUP LIMITED ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Except as otherwise provided in this Agreement, if any dispute arises under this Agreement, it will be settled by binding arbitration in accordance with the provisions of this Section. If any dispute arises between the Parties relating to the application, interpretation, implementation or validity of this agreement, the Parties agree to resolve the dispute by arbitration using the England Arbitration Association Expedited Arbitration Rules. The parties agree that the England Arbitration Association Expedited Arbitration Rules give the parties a fair opportunity to present their case and respond to the case of the other side. The arbitration shall be held in England, UK and shall proceed in accordance with the provisions of the Arbitration Act. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
17 – Consent to Electronic Communications.
Use of any of our services indicates your full acceptance of these Term & Conditions BMA Group Limited reserve the right to change, add or remove or modify these Terms & Conditions at any time. These Terms & Conditions are paramount they supersede any and all terms that the customer may seek to request or impose
Please check the T&C periodically.
REGISTERED ADDRESS: BMA Groups, 6 Holdfield, Peterborough, PE3 7LW
REGISTERED IN ENGLAND NO. 10277830