Terms of Service

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

This page explains how you may use this website and contains the legal terms and conditions on which we sell products to you. On this page, the words “we”, “us” and “our” refer to Banyer. By using this website or any sub-site accessible on this website, the user (“user” or “you”) accepts without limitation of qualification, the Terms of Use, whether or not you are a registered member of Banyer.

It is important you read this page carefully, as it forms part of the contract between us. Our relationship is subject to these Terms, which impose certain responsibilities upon you and explains the exclusions and limitations of our liability to you in the event of loss or damage.

We may change these Terms of Use at any time without notice and you should review this page regularly to make yourself aware of any changes. Your continued use of the Website shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms and Conditions, you should not use this website.

You should print and keep a copy of these Terms for future reference.



Site Operation and Ownership

Banyer is a sole proprietorship, founded in 2004 and run by Simon Pretswell T/A Banyer, registered in Scotland, United Kingdom, VAT number GB853034935. Our registered office is 42 Mote Hill, Hamilton, ML3 6EF, United Kingdom.



Registration

You will need to register with Banyer to place an order for products through this website. This can be as a ‘guest’ with no need to create an account.

In return for allowing you to use this website and benefit from our services, you agree that any information you provide us about yourself will be true, accurate, current and complete and that you will ensure that this information is kept accurate and up to date. If any incorrect information is supplied, any contractual obligation we have is immediately null and void.



Conditions of Registration

We do not sell the products for purchase for children. We sell children’s products for purchase by adults. You may only purchase from the site if you are at least 18 years old unless you have express permission from your parents or guardian. If you are under 18, you must ask your parents or guardians before you:

Email the website, or ask us to email you anything
Send in any information to us
Buy anything online
By continuing to use this website and any of the services offered, you are confirming that you have received the consent of a parent or legal guardian. PLEASE NOTE that all minors are recommended to discuss these terms and conditions with their parents or guardians before they complete the registration process.



Copyright

You acknowledge and agree that all content included on this website including but not limited to website design, text, graphics, audio clips, visual clips, logos, button icons and the selection and arrangement thereof shall remain at all times vested in us or our content suppliers and is protected by UK and international copyright laws. You are permitted to use this material only as expressly authorised by the applicable rights holder. Subject to the foregoing, the page headers, custom graphics and button icons are (unless indicated otherwise) service marks, trademarks, and/or trade dress of ours or its owner. Nothing in these Terms and Conditions grants you any legal rights in the website or sub-sites other than as necessary to access the site or sub-sites.

All software used on this website is the property of Banyer, and we are protected by UK and international copyright laws. ALL RIGHTS ARE RESERVED. Permission is granted to electronically copy and to print in hard copy portions of this website for the purposes of placing an order with us and using this website as a shopping resource only. Any other use of materials on this website including but not limited to reproduction for purposes other than those noted above, modification, distribution, transmission, broadcasting, republication, downloading or uploading without our prior written permission is strictly prohibited.



Notification of Copyright Infringement

We will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide our Legal Department with a notice (“Notice”) containing the following elements.

A physical or electronic signature of the person authorised to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
A description of the copyrighted work or works that you claim have been infringed and which you request to be removed from the site;
A description of the location of the material that you claim is being infringed;
Information sufficient to permit us to contact you, such as your physical address, telephone number and e-mail address;
A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorised by the copyright owner, its agent, or the law;
A statement by you that the information in your Notice is accurate and that you are the copyright owner or are authorised to act on the copyright owner's behalf.
You can notify us of any claims of copyright infringement at the following address:


Banyer Inc.
8152 S Welby Park Dr, Ste A,
West Jordan, UT 84088,
United States




Content Supplied by Users

If you send communications or materials to this website by electronic mail or otherwise, concerning any comments, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material infringes any of your rights including without limitation moral rights, proprietary rights or any other right, including the right to approve the way in which we use such material.

Any material submitted to this website, may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used on a royalty free basis by us anywhere in the world, in any medium, in perpetuity.

Please note that this provision does not relate to any personal data that you submit which will be dealt with in accordance with the provisions of this website's 'Privacy Policy' which is part of these Terms and Conditions.



Amending The Terms and Conditions Of Use

We may add to, change or remove any part of these Terms and Conditions at any time. Material changes to our Terms and Conditions will be published on the home page of our website, notifying users that such changes have been made. Continued use of the website after the publication of such a notice confirms your agreement to be bound by the variations made by us. It is your responsibility to check these Terms and Conditions from time to time to verify such amendments. We may add, change, discontinue, remove or suspend any other content displayed on this website, including features and specifications of products and services described or depicted on the website, temporarily or permanently, at any time, without notice and without liability.



Privacy

Banyer treat customer privacy extremely seriously. Our Privacy Policy provides details about the type of information we may collect from you and how we may use this information. You are asked to read our Privacy Policy, which forms a part of these Terms and Conditions and sets out the way in which your personal data is handled by us.



Site Usage

You agree that you will only use our website in a way which is consistent with the Terms and Conditions and which complies with applicable laws and regulations. In particular you agree that you will not use this website to upload or send any material which contains software viruses or other codes, files or programmes designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt this website. You acknowledge that this website and any goods that you obtain from our website are provided for your personal use only and may not be used for any commercial purposes or distributed commercially without our permission. You agree that you are solely responsible for keeping your password and other account details confidential.



Purchasing Goods

Our Help section provides full details on how to order and pay for products. It also addresses any queries you may have about delivery of your products, your right to cancel orders and/or return faulty products and our quality assurance.

We reserve the right to decline orders for bulk or high value purchases and to change price and availability information without notice.



Multiple Promotions And Discount Codes

Please note that any promotions/offers on the website cannot be used in conjunction with any other discounts. Only one discount code is applicable per order. We are not responsible for offers listed on third party websites and cannot honour offers that were not expressly authorised by Banyer.



Product Orders

All orders placed through the Website are subject to acceptance by Banyer. We reserve the right to refuse to accept or cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Banyer will issue you a refund.



International Orders

If goods are being delivered outside the EU, any customs or import duties levied by the government of the destination country must be borne by the recipient.

Although in many cases the order value will be under the threshold and no duties will be applicable, Banyer has no control over these charges and cannot predict what they may be. Customs policy vary wildly from country to country and are subject to change. We would recommend you contact your local customs office for information prior to placing any order.

Banyer accept no liability for these charges. By placing an order you acknowledge the recipient accepts liability for any charges applied by their government (including, but not limited to taxes, duties and holding fees).

Furthermore, Banyer will not be liable for any additional costs incurred as a result of customers refusing to pay the applicable customs charges and will charge accordingly for any charges we incur as a result of the recipient refusing to pay the applicable charge levied at Customs.



Availability

Banyer will endeavour to display availability as accurately as possible.

In the event we are unable to supply the goods requested we will do our best to find you a suitable alternative that you are happy with, however we will not be bound to offer alternatives of a greater value to the original item, and you may be required to pay a difference.

If you do not wish for an alternative product we will cancel your order, however please be aware that funds may take a few days to reach your account.

In the event of a shortfall of stock received from suppliers for pre-order items, we will fulfil orders in chronological order and will contact any customers who have missed out to discuss alternatives.

Pre-Order dates are provisional and although the majority of stock is received on time, these are often beyond our control and we cannot be held responsible for any costs incurred for your time, or services you’ve paid for, if there are delays or non supply of product.



Cancellation

In accordance with the Consumer Contracts Regulations 2013 you have 14 consecutive days from the day after you receive your parcel to cancel your contract with us.