SMARTCOOKI.COM TERMS & CONDITIONS OF USE & SALE
Welcome to SmartCooki.com’s website (Under license from Bedeck) . SmartCooki.com and its affiliates provide access to the this website (the "website") and sell our products to you subject to the conditions set out on this page. Please read these conditions carefully before using the SmartCooki.com website. By using the SmartCooki.com website, you signify your agreement to be bound by these conditions. In addition, when you use any current or future SmartCooki.com service, you will also be subject to the guidelines and conditions applicable to that service.
- Your Account
- Privacy & Data Policy
- Licence for website access
- Access to this website
- Your conduct
- Illegal Acts
- Copyright, Intellectual Property & Database Rights
- Our Contract
- Pricing & Availability
- Gift Vouchers
- Other Businesses
- Limitation of Liability & Losses
- Electronic Communications
- Alteration of service or Amendments to the Conditions
- Events Beyond Our Reasonable Control
- Governing Law and Jurisdiction
- Our Details
- Product Display
1. Your Account
If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the My Account area of this website.
SmartCooki.com reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
2. Privacy & Data Policy
3. Licence for website access
SmartCooki.com grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of SmartCooki.com. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SmartCooki.com and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising SmartCooki.com's or its affiliates' names or trademarks without the express written consent of SmartCooki.com. Any unauthorised use terminates the permission or license granted by SmartCooki.com.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the any page of SmartCooki.com’s website as long as the link does not portray SmartCooki.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any SmartCooki.com logo or other proprietary graphic or trademark as part of the link without our express written consent.
4. Access to this website
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
5. Your conduct
You understand that you, and not SmartCooki.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You must not use the website for any of the following:
- for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
- to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of, or contains, software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any ‘spam’
- to cause annoyance, inconvenience or needless anxiety
6. Illegal Acts
It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. We track the electronic 'fingerprints' of every order placed on this website to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.
7. Copyright , Intellectual Property & Database Rights
All content included on the website, such as text, graphics, logos, button icons, images and software, is the property of SmartCooki.com Ltd. or its subsidiaries (collectively SmartCooki.com), its affiliates or its content suppliers and is protected by United Kingdom and international copyright and database right laws. The compilation of all content on this website is the exclusive property of SmartCooki.com and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of SmartCooki.com, our affiliates or our software suppliers and is protected by United Kingdom and international copyright laws and authors rights law.
SmartCooki.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
SmartCooki.com does not give you any right or interest in any copyright or intellectual property rights in any Product nor the right to copy them for any commercial use. You may use this website for private and personal non-commercial use only - i.e. to view, copy and print portions of this website for the sole purpose of placing orders. The materials on this website may not be used for any other purpose.
Copyright extends to the design, look and feel of this website, all photographs on it and its marketing materials.
You may not systematically extract and/or re-utilise parts of the contents of the website without SmartCooki.com’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (either once or many times) for re-utilisation of any substantial parts of this website, without SmartCooki.com's express written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this website without SmartCooki.com’s express written consent.
Bedeck.com, Bedeck.co.uk, Bedeckhome.com, Bedeckshop.com and Bedeck Home and other marks indicated on our website are trademarks or registered trademarks of Bedeck Ltd. under license to SmartCooki.com Ltd. or its subsidiaries (collectively "SmartCooki.com"), in the European Union and/or other jurisdictions. SmartCooki.com's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of SmartCooki.com. SmartCooki.com's trademarks and trade dress may not be used in connection with any product or service that is not SmartCooki.com’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SmartCooki.com. All other trademarks not owned by SmartCooki.com that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SmartCooki.com.
9. Our Contract
When you place an order to purchase a product from this website, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product that is accepted by us when we send email confirmation to you that we've dispatched that product to you (the "Dispatch Confirmation Email"). That acceptance will be complete at the time we send the Dispatch Confirmation Email to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation Email to have been dispatched do not form part of that contract.
You are seeking to enter into a contract with SmartCooki.com when you place an order.
Please review our Returns Policy, which applies to products purchased from us. It includes a 30-day returns guarantee. In addition to your returns guarantee, customers in the European Union are entitled to a statutory cooling-off period of seven business days. Details of this statutory right and an explanation of how to exercise it are provided in the order confirmation email and our Help system available by clicking on Help in the top navigation menu.
We believe that you will be delighted with your product but there may be occasions where you feel it necessary to return an item. We aim to keep the process as simple as possible and these terms do not affect your statutory rights.
We will try to attend to all returns as soon as practically possible.
Please note that product returns cannot be accepted in person at our office address.
11. Pricing & Availability
We list availability information for products sold by us on our website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by email if any products you order turn out to be unavailable. If we can't supply a product you will not be charged for it and we will refund or re-credit your account with the amount debited by us.
Despite our best efforts, a small number of the hundreds of products in our catalogue are mis-priced. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation. If we are unable to reach you we will treat the order as cancelled and if an order is cancelled, any payment made for the products will be refunded in full.
All offers are available while stocks last. If we are unable to supply a product you have ordered, we will notify you as soon as we can after receiving your Order. If this happens, you may cancel your Order and we will refund you the money you have paid for it.
The price for each product is shown on this website and includes UK V.A.T at 20%.
You will be notified of the delivery costs automatically before you submit your payment, based on the delivery address you specify.
Prices are quoted on this website are in UK pounds - outside the UK your credit card company should exchange the amount charged to the currency of your country at the current rate. However you may use the SmartCooki.com "currency converter" to estimate the price in your currency by clicking on the appropriate icon at the top of every page. Please note that the "currency converter" is only a guide and may not accurately reflect current exchange rates. Please note that both charges and refunds are in UK pounds and SmartCooki.com cannot be held responsible for any loss due to exchange rate fluctuations.
You must pay for your order before it is delivered. If your delivery address is inside the UK & Ireland you can do so by credit card, debit card, gift voucher, cheque or postal order. If your delivery address is outside the UK and you order online you must pay by credit card.
SmartCooki.com delivers to destinations inside and outside the UK & Ireland.
You will be notified of the delivery costs automatically before you submit your payment details. For more information about our delivery charges for despatches to UK & EU addresses click here.
SmartCooki.com offers a range of delivery services depending on the address we are delivering to. Please see the Dispatch & Delivery page for details on these services for your postcode.
We will make every effort to deliver within the time stated on this website but we will not be liable for any loss caused to you by late delivery.
If the Products are not delivered within the estimated delivery time which we quote, please contact us by telephone or email and we will try and ensure that you receive your order as quickly as possible, or if you wish you may cancel your order and we will refund the money you have paid. Please note that while items sent by Royal Mail usually arrive within 1-3 days, Royal Mail stipulate that only items still not delivered after 15 working days can be officially classified as lost.
Please order from SmartCooki.com with enough time to prevent any loss or disappointment resulting from the delivery time as SmartCooki.com cannot be responsible for this.
Please note that your order may be sent to you in installments.
These terms do not affect your statutory rights as a consumer.
We endeavour to deliver your order as promptly as possible, therefore we cannot guarantee that your order has not been processed shortly after you receive your email order confirmation. If your goods have already been dispatched, under the Distance Selling Regulations you may still cancel your order. To do so, please contact our head office at 02838313000 to request a RAN number (Returns Number) for returning your goods within 14 calendar days, marking the RAN number on your parcel. For all other occasions please see our online returns policy.
According to the Distance Selling Regulations, as long as you have notified us of your wish to cancel and the returned goods also meet the terms of our returns policy, you will be entitled to a full refund for the goods you have ordered. We cannot assume responsibility for the cost of return postage. This applies to both full or part order cancellations
For an estimate of cost of returning your goods please check here - http://www.postoffice.co.uk/price-finder
When ordering goods from this website for delivery overseas the recipient may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by the recipient, we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact the local customs office for further information. Additionally, please note that when ordering from this website, the recipient is considered the importer of record and must comply with all laws and regulations of the country in which the goods are received. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
16. Gift Vouchers
SmartCooki.com Gift Vouchers must be redeemed online at SmartCooki.com within 1 year of purchase and cannot be used for orders already placed.
If the value of the order exceeds the value of the SmartCooki.com Gift Voucher, the balance must be paid by credit or debit card.
Unused balances will be held within the recipients voucher for the same period.
Vouchers have a cash redemption value of 0.001p.
If you have received a promotional gift voucher from SmartCooki.com, only one such Gift Voucher may be redeemed per purchase.
Specific Terms and Conditions apply to the sale and use of SmartCooki.com Gift Vouchers. Click on Help for more information.
SmartCooki.com does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use this website only with the involvement of a parent or guardian.
18. Other Businesses
Parties other than SmartCooki.com and its subsidiaries may from time to time operate stores, provide services, or sell product lines on this website. In addition, we may provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. SmartCooki.com does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. We will make it clear when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.
19. Limitation of Liability & Losses
This liability section applies only to the extent permitted by law.
SmartCooki.com will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of goods by us to you was formed. SmartCooki.com will only be liable for direct loss up to a maximum total of the price of the product purchased in respect of any claim.
SmartCooki.com does not accept liabilty for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of or damage to property and/or loss from claims of third parties arising out of the use of this website or for any products purchased from this website when you commenced using the website or when a contract for the sale of goods by us to you was formed.
In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, SmartCooki.com shall, at its own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund you the amount you paid for the goods in question PROVIDED THAT you notify SmartCooki.com of the problem in writing to service@SmartCooki.co.uk within 7 days of delivery of the goods.
SmartCooki.com does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct.
Except as set out herein, neither SmartCooki.com nor any of their directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site.
SmartCooki.com does not accept liability (except as set out in these Terms and Conditions of Use & Sale) for any errors or omissions and reserves the right to change information, specifications and descriptions of listed goods, products and services.
20. Electronic Communications
When you visit SmartCooki.com’s website or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
21. Alteration of service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Terms & Conditions of Use & Sale at any time. You will be subject to the policies and Terms & Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
22. Events Beyond Our Reasonable Control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause that is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
24. Governing Law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of Northern Ireland and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the non- exclusive jurisdiction of the Northern Irish courts.
25. Our Details
Bedeckhome.com, Bedeckshop.com and Bedeck.co.uk are all trading names under license from Bedeck of SmartCooki.com Ltd.
Company Name: SmartCooki.com Ltd
Registered in Northern Ireland no: NI 609946
Registered office: 465 Lisburn Road, 3rd Floor, Bedeck Building, Belfast, BT9 7EZ
Tel: +44 (0)28 90663570 (office hours 9am to 5pm GMT)
Fax: +44 (0)28 90663571
You can contact us by visiting our Contact Us page
In the event that any part of these Terms is held to be unenforceable, such part will at SmartCooki.com’s option be construed as far as possible to reflect the parties' intentions and the remainder of the provisions will remain in full force and effect.
27. Product display
We have made every effort to display the products featured as accurately as possible. However, the colours we use, as well as the display and colour capabilities of the equipment you use to view our site, may greatly affect the colours you actually see on the screen. We cannot be held responsible for any limitations of the equipment you use to view our site and cannot guarantee that your equipment’s display of any colour, texture, or detail of bedding will be accurate/the same as the actual product.
If SmartCooki.com does not enforce any provision of this agreement such will not be considered a continuing waiver.
These Terms constitute the full agreement between you and SmartCooki.com and may only be amended in writing. They apply to the exclusion of all other terms or conditions of contract proposed.
Since we are principally aiming SmartCooki.com’s website at the UK & EU market, we cannot guarantee that it accords with local laws of any other countries (though we will try to make sure it does).
SmartCooki.com acts as principal on its own account and not as agent for you.
SmartCooki.com may change or withdraw any material part of this website, or may refuse you access to the website at any time if we consider it necessary.
SmartCooki.com may also terminate this Agreement and immediately remove, cancel or suspend access to and use of this website upon breach of any part of these Terms whatsoever. Termination shall be without prejudice to SmartCooki.com’s other rights.
Your statutory rights are not affected by these terms and conditions .