Terms & conditions
1.1 We are Bonmarché Limited and our registered office is Jubilee Way, Grange Moor, Wakefield, WF4 4SJ. Our head office and main trading address is Jubilee Way, Grange Moor, Wakefield, WF4 4SJ. The affairs, assets and business of the Company are being managed by Anthony Wright, Alastair Massey and Phil Pierce who were appointed Joint Administrators on 18 October 2019. The Joint Administrators act as agents of the Company and without personal liability.
1.2 These Terms and Conditions will apply when you access our website and use our online ordering service. They explain your and our rights and obligations. Please read them carefully. You may have other rights granted by law and these Terms and Conditions do not affect these except if the two are inconsistent. If this is the case then these Terms and Conditions will override any other rights that you may have, unless this is not permitted by law.
1.3 By placing an order through the website you confirm that you have read, understood and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions in their entirety, you must not order any product or service through the website.
1.4 We reserve the right to change or amend these Terms and Conditions at any time and without notice to you. The latest version of the Terms and Conditions will be shown on our website.
1.5 We recommend that you revisit this page regularly to keep you informed of the current website terms that apply to your use of the website. By continuing to access, browse and use this website, you will be deemed to have agreed to any changes or updates to our website terms.
1.6 Except where otherwise specified on this website, the material on this Website is displayed solely for the purposes of promoting Bonmarché products and services available in the UK.
1.7 Bonmarché may accept orders through its UK website for delivery to locations outside the UK subject to any limitations or requirements arising from customs, legal, regulatory, practical or other considerations.
1.8 If you access this website from outside the UK or place orders for delivery to locations outside the UK you accept responsibility for compliance with local laws if and to the extent local laws are applicable
2. Descriptions and Pricing
2.1 We make every effort and have taken all reasonable precautions to try to ensure that prices quoted on the website are correct and that all products have been fairly described.
2.2 All prices are displayed in Pounds Sterling inclusive of UK VAT.
2.3 All goods are sold subject to availability and prices of products may change from time to time. We also reserve the right to change the price of any item on the Website where that item has been priced incorrectly. If we find the price of the goods you have ordered has changed from the amount set out on the Website when you placed the order with us, we will contact you and ask if you wish to proceed. If you confirm that you do wish to proceed then please remember that we will still not be under any obligation to supply the goods until we have confirmed that we have both accepted your order and that it has been dispatched. No contract will exist until we have confirmed this. If you confirm that you do not wish to proceed, your order will be cancelled and neither of us shall have any further liability to the other.
2.4 We take every reasonable care to ensure that product descriptions, measurements and specifications are accurate but there may be variations between these and the goods supplied. Whilst we try to display the colours of our products accurately on the website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery.
2.5 All images used across the website and emails, especially those used in graphics and banners, are for illustrative purposes only.
2.6 The range of products and offers available on the website may not be available in all our retail stores as the website may include certain exclusive products and offers, and vice-versa.
2.7 The Was/Now price quoted online is based on the original price first sold via any Bonmarché shopping channel. Note that these items may not have been previously sold online.
3. Making A Purchase
3.1 To purchase from Bonmarché you must be 18 or over.
3.2 Upon receiving your order we will carry out a check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched and your order will not be accepted until this check has been completed. Your card will be debited once your order has been accepted.
3.3 We are not obliged to supply any goods to you until we have confirmed to you that we have accepted your order either by e-mail or, in the case of an order made by telephone, confirmed your order number. Any promotion, free delivery or other offer code must be added at the time of purchase. We cannot retrospectively add these codes after you have placed an order
3.4 We reserve the right to cancel orders at any time, in such an event a member of the customer services team will endeavour to contact you
3.5 It is your responsibility to enter your details correctly before confirming your order as once this has been confirmed we cannot amend any details on your behalf.
3.6 Please be advised once your order has been placed, we are unable to amend or cancel your order.
3.7 We may, on occasion, cancel a particular item due to stock unavailability. If this does happen, any money that you have paid will be refunded to you on your original method of payment. For online in-store purchases, these will need to be refunded in-store. Please be advised the remainder of your order will not be affected.
4.1 All payments must be made by debit or credit card or by PayPal at the time of placing the order.
4.2 We accept Visa, MasterCard, Visa Debit, Visa Electron and Bonmarché Gift Cards.
4.3 If we are unable to accept your order then we shall at our option either: (a) not debit your debit or credit card; or (b) if payment has been taken, refund to your debit or credit card any money paid by you in respect of that order.
4.4 Purchases will be made in Pounds Sterling. In the event of purchases made using debit or credit cards issued outside the UK, and not billed to you in Pounds Sterling, your credit card provider or bank will determine the applicable exchange rate and may add an additional processing or administration charge in relation to your purchase. You will be liable for any such charges.
5. UK Deliveries
5.1 We cannot give an exact delivery date and any delivery date given is merely an indication of the delivery timescale.
5.2 We may deliver the goods in several consignments but if we do this we will not charge you any extra for delivery.
5.3 Delivery will be to the UK address as specified in your order.
5.4 If no one is available at the delivery address at the time of delivery, a card may be left to advise whether your order has been left in a safe place e.g. with a neighbour, or returned to the depot or our carrier.
5.5 All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order or to another location in accordance with paragraph 5.5.
5.6 We shall be under no liability for any delay or failure to perform our obligations under these Terms and Conditions if the delay or failure is wholly or partly caused by circumstances beyond our reasonable control (such as: (a) actual or threatened civil commotion, riot, invasion, terrorist attack or war; (b) fire, explosion, flood, earthquake, epidemic or other natural disaster; or (c) the acts, decrees, legislation, regulations or restrictions of any government). Our obligations under these Terms and Conditions are suspended for the period that the relevant circumstances continue, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the relevant circumstances to a close or to find a solution by which our obligations under these Terms and Conditions can be performed despite their occurrence.
5.7 If we have not delivered the goods within 10 working days of the date given in our acceptance then you may at your option cancel the contract and we will refund any money paid by you.
5.8 UK Standard delivery is free over £35. This threshold is based on the order sub-total as shown in the shopping bag and is the order value after all order and product level discounts have been applied. The value of gift cards are excluded from the order total.
5.9 In the UK, delivery charge refunds will be made in accordance with your legal rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and other applicable legislation.
5.10 If the order was delivered via UK Standard, and by returning an item for refund your order value falls below the free delivery threshold, the cost of delivery will be subtracted from your refund.
6.1 You can return your purchase to any Bonmarché store in the UK. Please use the store finder on the website to find your nearest store. Returns must be made within 28 working days of receipt. For safety and hygiene reasons we will not refund or exchange, lingerie (excluding bras), swimwear without the hygiene strip, unsealed cosmetics, hosiery and pierced earrings.
6.2 Alternatively you may return goods by post using any Post Office. Please use the returns slip attached to your delivery note. A charge will be made by the Post Office. If you choose to use this method we will not bear the postage charge. Returns can be made 28 days of receipt.
6.3 If you are outside the UK, please return items to the address detailed on the delivery note, ensuring that you enclose the delivery note or other proof of purchase. You will need to bear the cost of posting returned items to us.
6.4 In the event that you return goods we send you because they are damaged or not as you ordered, you must give us sufficient details to allow us to understand the reason you are returning the goods, preferably noted on the delivery note.
6.5 Goods must be in their original condition, with all tags attached (unless they have become defective within a reasonable time of purchase after you have removed the tags), and you must bring your delivery note as your proof of purchase.
6.6 It is your responsibility to obtain and retain a proof of postage to use as evidence of you having returned goods to us in the event that we do not receive your returned items.
6.7 If you return goods to us, we will not be responsible for any loss or damage to them in transit and we therefore recommend that you use a recorded delivery service.
6.8 If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.
6.9 Gift Cards cannot be returned. If you pay using a Bonmarché gift card, any returns will be refunded back onto your Bonmarché gift card. Please do not throw your gift card away.
7. International Deliveries
7.1 We aim to deliver goods to you within 7 working days (EU) and within 7 – 10 working days (Rest Of World) of the order being accepted.
7.2 We cannot give an exact delivery date and any delivery date given is merely an indication of the delivery timescale.
7.3 We may deliver the goods in several consignments but if we do this we will not charge you any extra for delivery.
7.4 Delivery will be to the address as specified in your order. If no one is available at the delivery address at the time of delivery, a card may be left to advise whether your order has been left in a safe place e.g. with a neighbour, or returned to the depot of our carrier.
7.5 Please note that delivery times quoted may be affected by the constraints of the local delivery service and any delays at customs.
7.6 If we have not dispatched the goods within 10 working days of the date given in our acceptance then you may at your option cancel the contract and we will refund any money paid by you. This will be your sole remedy and we shall have no further liability to you.
7.7 Bonmarché products are sold on a delivery duty unpaid basis. You may have to pay import duty or a customs entry fee prior to or on delivery. Additional taxes, fees or levies may apply depending on local legislation and you should check these details before placing an order for delivery outside the UK. We will not be responsible for any unpaid taxes, fees or levies applied to the order.
8. International Returns
8.1 Please refer to the provisions of paragraph 6, which apply to international returns.
9. Right to Cancel
9.1 As long as you purchase goods as a consumer (that is, you are not purchasing goods for your trade or business) and you are located in the UK or elsewhere in the EU you have the right, in addition to your other rights, to cancel the contract and receive a refund as set out in this clause. Please note, this excludes the purchase of gift cards.
9.2 You must inform us within 14 working days of the day after the goods are delivered to you if you wish to cancel.
9.3 If you choose to cancel then you must return the goods to us in accordance with paragraphs 6 and 8.
9.4 If you validly cancel any order in accordance with these terms we shall refund your payment, less any costs to collect the goods if applicable, within 14 days.
10.0 You are responsible for maintaining the confidentiality of your account details, including passwords. We shall not be liable to you for any loss or damage which may arise as a result of any failure by you to maintain the security of this information.
11.0 We are committed to protecting the privacy of our site visitors and customers and treat all your personal information as confidential, though we do reserve the right to disclose this information in specific circumstances as described in these Terms and Conditions. We confirm that any personal information that you provide to us is held in accordance with UK data protection legislation.
11.1 Your personal information may be disclosed to third parties who assist us in processing your order. We require all such third parties to treat your personal information as confidential and to comply with all applicable UK data protection legislation.
11.2 You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your personal Information and /or user information, we may be required to do so even if you do not consent.
12 Collection of personal information
12.0 We continuously monitor this Website and may capture information about your visit that will help us improve our service to you. When using this Website, we will collect personal information from you such as your name, address, e-mail address, telephone number, payment information and a password.
13. Use of personal information
13.0 We use your personal information for the following purposes: Processing your orders; For statistical or survey purposes to improve this website and its services to you; To administer this website; To make your experience more efficient and relevant and provide you with a personalised service; If you consent, to notify you of products or special offers that may be of interest to you.
13.1 When you register or order online you will be given the opportunity to receive information from us about our products, promotions or special offers. If you do not wish to be contacted for such purposes, please ensure that you tick the appropriate box as you go through the process. You may unsubscribe from our contact list at any time by clicking on the unsubscribe button on your email or by changing your preferences in the “My Account” section of the website. You can also unsubscribe by emailing firstname.lastname@example.org calling this number 0300 026 2728 or writing to Bonmarché, Jubilee Way, Grange Moor, Wakefield, WF4 4SJ
13.2 Subject to clause 13.1 above, you confirm that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing.
14. Ownership and Intellectual Property
14.0 All rights, including copyright, in this Website are owned by or licensed to Bonmarché. You may store, print and display the content provided solely for your own personal non-commercial use. You are not permitted to use any such content in whole or in part in connection with any business or commercial enterprise.
15. Limitation of Liability
15.0 Nothing in these terms and conditions shall seek to limit any rights you may have under law, or any liability on our part for death or personal injury caused by our negligence or the negligence of our employees or agents, or any liability we may have for fraudulent misrepresentation.
16. General Information
16.0 We advise you to print a copy of these Terms and Conditions and your order for your information in the future, as we may not necessarily keep a copy of these.
16.1 Any contract between us shall be governed by English law and the courts of England and Wales shall have non-exclusive jurisdiction over any dispute. All dealings, correspondence and contact between us shall be made or conducted in the English language.
17. Gift Cards
17.0 Gift cards can be purchased, redeemed and topped up in all UK Bonmarché stores.
17.1 Gift cards can be purchased online in denominations of £10-£50.
17.2 Gift cards cannot be topped up online.
17.3 Gift cards cannot be exchanged for cash.
17.4 Gift cards are valid for 24 months from the last transaction.
17.5 Any remaining balance will be cancelled on expiry of the validity period.
17.6 The balance of a Gift Card can be checked either online or in store.
17.7 For all online orders, Gift Cards will be despatched separately.
17.8 Gift Cards cannot be delivered internationally or via our collect in store delivery method.
17.9 Promotions exclude gift cards. Gift cards do not count towards the UK standard free delivery order threshold.
17.10 The risk of loss and title for Gift Cards pass to the purchaser upon receipt of order. We are not responsible if any Gift Card is lost, stolen, destroyed or used without your permission.
19. General Bonmarché Offer Terms and Conditions
19.0 All offers are subject to availability.
19.1 Bonmarché reserves the right to limit certain offers to 1 order per customer as defined by their email address and/or credit card address and/or delivery address.
19.2 Bonmarché reserve the right to withdraw our offers without notice.
19.3 The use of multiple discount codes is prohibited unless expressly stated.
19.4 Offers may not be available in Bonmarché stores, 'Other shops' or with any third party web site unless otherwise stated.
19.5 Please note that promotional codes also have an expiry date, after which they are not redeemable.
19.6 Offers valid on first online purchase only cannot be redeemed by customers who have previously purchased from the website. In instances where a customer has received a code pertaining to the above they will be unable to redeem.
19.7 Promotions exclude gift vouchers/cards.
19.8 Offers including but not limited to free postage and percentage discounts can not be applied to orders retrospectively, and excludes Regatta products.
19.9 The risk of loss and title for Gift Cards pass to the purchaser upon receipt of order. We are not responsible if any Gift Card is lost, stolen, destroyed or used without your permission.
20. Bonus club terms and conditions
20.0 You may only use your Bonmarché Bonus club card in Bonmarché stores.
20.1 It is a condition of having a Bonus club card that you provide Bonmarché Ltd. with your contact details. By signing to accept these terms and conditions you become a member of the Bonus club and agree that Bonmarché Ltd. can contact you with offers from Bonmarché by mail, email, phone or SMS
20.2 To take advantage of in-store promotions and discount vouchers you must present your Bonus club card at time of purchase.
20.3 The Bonus club scheme is open to all UK residents aged 18 years or above, excluding Bonmarché staff.
20.4 The Bonus club card is not transferable and can only be used by the person whose signature is on the card.
20.5 Bonmarché Ltd. may enter into agreements with other companies to offer you additional benefits from your Bonus club membership. If you choose to receive these benefits, we will need to pass your contact details to them.
20.6 If your card is lost or stolen please notify us by ringing the helpline on 01162 594464 and a new card will be issued. Please notify the helpline if you change your address or wish to change your details. Calls are charged at National Rate.
20.7 The Bonmarché Bonus club card issued to you remains the property of Bonmarché Ltd., and must be surrendered upon request. It is not a credit, debit or cheque guarantee card.
20.8 In the case of dispute, the decision of Bonmarché Ltd. shall be final and binding. Nothing in these terms and conditions shall affect your Statutory Rights.
20.9 Bonmarché Ltd. reserve the right to alter, amend or terminate the Bonmarché Bonus club at any time, without the need for prior notice, be it written or verbal.
20.10 The conditions of use, stated on the reverse of the card, form part of these terms and conditions.
20.11 All in store promotions and mailings are subject to availability.
20.12 The promoter of the Bonmarché Bonus club is Bonmarché Bonus club, PO Box 73, Wakefield WF4 4WS.