Terms of sale
1.1 These terms and conditions shall govern the sale and purchase of products through our website.
1.2 Some of our products are only available for Direct Home Delivery (DHD) service and these DHD products will be identified as such before you complete your purchase and email confirmation order, and will be subject to some different or additional terms and conditions, where highlighted.
1.3 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.4 This document does not affect any statutory rights you may have as a consumer (such as rights under the Sale of Goods Act 1979 or the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, or the Consumer Rights Act 2015).
- Understanding these terms
2.1 In these terms and conditions:
(a) "we" means Domu Brands Ltd trading as BTFY.com
(b) "you" means our customer or prospective customer,
and "us", "our" and "your" should be construed accordingly; and
(c) “DHD” relates to products ordered from us, but which are supplied by our third party partners and are delivered directly to you, and these will be identified as such on our website and in the email confirmation of order.
- Order process
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.3 To enter into a contract through our website to purchase products from us, the following steps must be taken: You must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order dispatch email (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
3.4 Full details of the goods you purchased are detailed in the confirmation email, and the “My orders” section of “My Account”.
4.1 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
4.2 In the event we are out of stock of any products listed on our websites or we are informed from our DHD suppliers that any DHD products are out of stock, we reserve the rights to cancel your order and refund any amounts paid to you by the same method you paid by.
4.3 Reviews on our product pages relate to the products only, we reserve the right to not publish any service related reviews.
5.1 Our prices are quoted on our website.
5.2 We will from time to time change the prices quoted on our website, but this will not affect any confirmed orders already placed.
5.3 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.
5.4 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. We will always aim to confirm the correct price prior to your order being confirmed, however, If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products delivered to you.
5.5 In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before you confirm the order and the contract of sale comes into force. For more information please refer to our Delivery Policy.
6.1 You must, during the checkout process, pay the prices of the products you order as well as any delivery charges.
6.2 Payments may be made by any of the permitted methods specified on our website from time to time.
6.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
6.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) An amount equal to the amount of the charge-back;
(b) All third-party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) An administration fee of GBP 25.00 excluding VAT; and
(d) All our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),
And for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.
6.5 VAT for all United Kingdom orders is included within the price. Other sales or import tax, including GST for the Channel Islands, may be applied in addition to the price. for all VAT/sales tax rates please read here
6.6 We accept all major credit cards that are registered to a UK billing address
- Klarna Payments
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the option of paying via Klarna.
What is Klarna?
Klarna provides payment services to more than 70,000 online stores and over 60 million customers worldwide have trusted Klarna to securely handle their payments.
Payment will be made to Klarna and not Domu using the Klarna ‘Pay in 3’ payment option. Pay in 3 is a payment option that allows you to get your goods now and pay for them in instalments. Pay in 3 equal, interest-free payments, free of charge. Payments are automatically charged every 30 days - perfect for spreading the cost over time without the hassle or the cost.
Further information and Klarna's user terms you can find here.
General information on Klarna you can find here.
Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement.
8.1 Our policies and procedures relating to the delivery of products are set out in our Delivery Policy .
8.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process, all deliveries are subject to the terms of our Delivery Policy.
8.3 We will use reasonable endeavours to deliver your products (excluding DHD products) on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 7 days following the date of the order confirmation, however, we do not guarantee delivery by this date.
8.4 For DHD products we will use reasonable endeavours to deliver your products within 21 days following the date of the order confirmation, however, we do not guarantee delivery by this date.
8.4 We do guarantee that unless there are exceptional circumstances all deliveries of products will occur within 30 days following the later of receipt of payment and the date of the order confirmation.
8.5 Please note that we are not liable for any third party bookings made with fitters that may require cancellation due to early or late deliveries, please book fitting services after goods have arrived.
- Distance contracts: cancellation right
9.1 Please note that we sell our products to you as a consumer- that is, as an individual acting wholly or mainly outside your trade, business, craft or profession. Furthermore, the rights set out in this Section 9 do not apply if you have purchased our products for business purposes.
9.2 Unless your order relates to a product described in clause 9.10, you may cancel any order placed with us through our website (without giving any reason for your withdrawal or cancellation) at any time up to 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, or the product is supplied in a number of pieces, 14 days after the day on which the last of those products or pieces comes into your physical possession or the physical possession of a person identified by you to take possession of them).
9.3 In order to cancel the order on the basis described in Section 9.2, you may inform us by means of any clear statement setting out the decision and may use the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
9.4 If you cancel a contract on the basis described in this Section 9, you must send the products back to us as follows:
DHD Products only:
Please contact our customer service team for details of how to do this and where to send the products (check your email confirmation if you are unsure if your product is DHD). You can contact us using:
All Other Products
Please return the product to:
DOMU BRANDS LTD
UNIT 30 STAKEHILL INDUSTRIAL ESTATE
9.5 When cancelling an order under this Section 9, you must return any products delivered to you not later than 14 days after the day on which you inform us of your decision to cancel the contract.
9.5 If you cancel an order in accordance with this Section 9, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivering the product to you, except:
(a) if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and
(b) as otherwise provided in this Section 9.
9.6 You will be responsible for any and all postage, delivery, courier and/or collection costs associated with the return of products to us for which you have cancelled your purchase under this Section 9. Please note, this does not apply to faulty or defective goods and for more details please refer to our Delivery Policy.
9.7 If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. To determine the deduction amount we usually refer to the price we will be able to achieve when re-selling the product, by reference to equivalent products and trading history, so that we have a consistent and transparent method of accounting to you. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.
9.8 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
9.9 Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 9 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.
9.10 You will not have any right to cancel a contract as described in this Section 9 insofar as the contract relates to:
(a) the supply of any sealed audio recordings, sealed video recordings or sealed computer software which have been unsealed by you;
(b) the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control and which may occur during the cancellation period;
(c) the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;
(d) the supply of goods which are liable to deteriorate or expire rapidly;
(e) the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, or goods that are clearly personalised;
(f) the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by you; and
(g) the supply of goods which are, according to their nature, inseparably mixed with other items after delivery;
(h) the supply of goods which have been made to your specification or otherwise personalised at your request (however, if you have made an error with your order and wish to amend, we will try and assist with amending the order, providing you notify us as soon as possible and we are able to stop the manufacture of the product prior to personalisation- please note this is on a reasonable endeavours basis only and we make no guarantee we will be able to do this)
- Warranties and representations
10.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading;
(d) you will be able to take delivery of the products in accordance with these terms and conditions and our Delivery Policy; and
(e) you are purchasing the products for your own personal use (as a consumer) and not in the course of your trade, business or profession
10.2 We warrant to you that:
(a) we have the right to sell the products that you buy;
(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
(c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
(d) the products you buy will correspond to any description published on our website; and
(e) the products you buy will be of satisfactory quality for:
(i) 2 years from the date of purchase for all VonHaus, VonShef, Spinningfield, BTFY, Milo & Misty, and Gold Coast products; or
(ii) 12 months from the date of purchase for all DHD and other products.
10.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions and the Warranty Statement on our website. To the maximum extent permitted by applicable law and subject to Section 12.1, all other warranties and representations are expressly excluded.
- Breach of product warranty
11.1 If you believe that products you have purchased from us breach any of the warranties set out in Section 10.2, please contact us to discuss the issue and arrangements for the return of the products.
11.2 If products you purchase from us do not conform with the warranties set out in Section 10.2, then you will be entitled to repair or replacement (at our discretion) of the defective products, provided (i) you have purchased the products as a consumer (as set out in Section 10(e)), (ii) such non-conformity is not caused by your use or storage of the products, and (iii) the non-conformity is notified to us within the applicable warranty period. In either case we will reimburse you for your reasonable expenses incurred in returning the products to us and will pay for the delivery of the repaired or replacement products to you using the least expensive delivery method available. For full details please refer to our Delivery Policy and Warranty Statement for full details of your rights.
11.3 If you return a product in contravention of these terms and conditions when seeking to rely on the warranty in section 10, and you do not have any other legal right to a refund or exchange in respect of that product:
(a) we may not repair or replace the product;
(b) we may retain the returned product or not deliver a replacement product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and
(c) if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.
- Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law including, if you are a consumer, for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
12.3 We will not be liable to you in respect of any losses arising out of any event or events which are not foreseeable or are beyond our reasonable control.
12.4 We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.5 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12.6 Subject to Section 12.1, our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.
- Our rights to cancel
13.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
(a) you fail to pay, on time and in full, any amount due to us under the contract; or
(b) you commit any breach of the terms of the contract.
13.2 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any product being out of stock or unavailable, impact of any epidemic, pandemic and/or other notifiable disease, unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
- Consequences of order cancellation
14.1 If a contract under these terms and conditions is cancelled in accordance with Section 13:
(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products).
(c) all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 12, 17, 18,19, 20, 21 and 22 will survive termination and continue in effect indefinitely.
- Intellectual Property
15.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
15.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
15.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
16.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
16.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
17.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions − providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
17.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
- No waivers
18.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
18.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.
19.1 If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
19.2 If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Third party rights
20.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
20.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
- Entire agreement
21.1 Subject to Section 11.1, these terms and conditions, together with our Delivery Policy and our Returns Policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
- Law and jurisdiction
22.1 A contract under these terms and conditions shall be governed by and construed in accordance with English law.
22.2 Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
22.3 If you feel your dispute cannot be rectified by ourselves, please refer to the Online Dispute Resolution Platform
23.Statutory and regulatory disclosures
23.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
23.2 These terms and conditions are available in the English language only.
23.3 Our VAT number is GB993263095.
23.4 We are a member of WEEE Producer Compliance Scheme, WEE/JF4878SZ administered by Comply Direct
23.5 We are a member of Packaging Producer Compliance Scheme, NPWD302046 administered by Comply Direct
23.6 We are a member of Battery Full Producer Compliance Scheme, BPRN05493 administered by Comply Direct
- Personal Data
- Our details
25.1 This website is owned and operated by DOMU Brands Ltd t/a BTFY.com
25.2 We are registered in England and Wales under registration number #07047520.
25.3 Our registered office is at 5th Floor, The Tower, Deva Centre, Salford, M3 7BF. Please note- do not use this address for any returns! If you attempt to return Products to this registered office it will be refused and likely result in further storage, delivery and return costs for you. Please refer to Section 8 above for returns information.
25.4 You can contact us (except for returns- see Section 8 above), raise a query or a complaint by writing to the business address given above, by using our website contact form, by email to [email protected] or by telephone on 0161 833 5442
26. Promotions & Live Offers
26.1 Use code SALE10 for an extra 10% off sale items featured in the categories below:
26.2 Returned items will be refunded at the discounted price paid.
26.3 BTFY reserve the right to change these terms and conditions with reasonable notice.
26.4 Code SALE10 cannot be used in conjunction with another promotional code