Terms and Conditions

Updated October 2023

This page tells you information about us and the legal terms and conditions (Terms) on which products (Products) listed on our website (Platform) are sold to you. These Terms will apply to any contract for the sale of Products to you (Contract).

Please read these Terms carefully and make sure that you understand them, before ordering any Product(s) from our Platform. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to here.

We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.

These Terms, and any Contract between us, are only in the English language.

Use of our site

Your use of our Platform is governed by these Terms. Please take the time to read these, as they include important terms which apply to you.

Our Right to Vary These Terms

We may revise these Terms from time to time in the following circumstances: 

a) changes in how we accept payment from you

b) changes in how we conduct business

c) changes in relevant laws and regulatory requirements

Each time you order Products from our Platform, the Terms in force at that time will apply to the Contract.

The date given at the top of this page will always show when these Terms were last updated.

INFORMATION ABOUT US

We operate the Platform. We are The Beach, registered at 197 Waldegrave Road, Teddington, TW11 8LX, United Kingdom. To contact us, please email us.

HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance with our Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.

1. THE PRODUCTS

1.1 The images of the Products on our Platform are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images and the depiction of Products with accessories, e.g. frames may be used for illustrative purposes only. You are advised to check that the Product you would like to purchase includes such accessories or not before placing the order. The packaging of the Products may vary from that shown on images on our Platform.

1.2 All Products shown on our Platform are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process that order.

1.3 If we are unable to supply you with a Product, for example because that Product is no longer available or because of an error on our Platform, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible. 

1.4 Price of products and delivery charges will be as quoted on our Platform. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. It is always possible that, despite our reasonable efforts, some of the Products on our Platform may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

2. YOUR RIGHTS AS A CONSUMER

2.1 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice abut your legal rights is available from Citizens' Advice or the Trading Standards office. Nothing in these Terms will affect these legal rights.

3. YOUR CANCELLATION AND REFUND RIGHTS

3.1 If you are a consumer, you have a legal right to cancel a Contract under The Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 during the period set out below in clause 14.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from Citizens' Advice or the Trading Standards office. This cancellation right does not apply in the case of any made-to-measure or custom-made products.

3.2 The Products will be your responsibility from the completion of delivery. You have a period of 14 (fourteen) days in which you may cancel, starting from the day you receive the Products. You will need to contact us via email to cancel. You may wish to keep a copy of your cancellation notification for your own records.

3.3 You will receive a full refund of the price you paid for the Products. We will process the refund due to you normally within 3 working days after your Product(s) has been returned or as soon as possible and, in any case, within 14 calendar days of the day on which you gave us notice of cancellation.

3.4 If you have returned the Products to us because they are faulty or mis-described, we will refund the price of a defective Product in full.

3.5 We will refund you via the same method used by you to pay.

3.6 If the Products were delivered to you, you must return the Products as described in Section 4. Please note, you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.

3.7 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by our returns policy or these Terms. Advice about your legal rights is available from Citizens' Advice Bureau or the Trading Standards office.

4. RETURNS

4.1 Please note the following is required for a returns request to be accepted:

l it has to be less than 14 days since you have received the product.

l the product(s) must be in the same condition as they arrived and in appropriate packaging - ideally in the original packaging - and include any original certificate(s).

l please note products(s) must be carefully readied for return shipment in order to qualify for a refund. It is important therefore that you take care when unpacking received products. If the packaging was insufficient, please package to the best of your ability and be sure to take pictures for insurance purposes.

4.2 To request a return and refund, please email us stating your reason for returning the products(s), and including an image if the product has arrived damaged.

5. HOW TO PAY

5.1 You can only pay for Products using the payment method(s) displayed as available to pay for the relevant Products when you checkout.

5.2 We will debit your chosen payment method for the amounts payable in relation to the Products and any applicable Delivery Charges at the time of purchase.

6. OUR LIABILITY

6.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

6.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

6.3 We do not in any way exclude or limit our liability for: a) death or personal injury caused by our negligence; b) fraud or fraudulent misrepresentation; c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and e) defective products under the Consumer Protection Act 1987.

7. THE SELLER’S WARRANTY FOR THE PRODUCTS

7.1 The Seller provides a warranty that on delivery and for a period of [12] months from delivery, the Products shall be free from material defects.

7.2 The warranty as above does not apply to any defect in the Products arising from: a) fair wear and tear; b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; c) if you fail to operate or use the Products in accordance with its intention; d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or e) any specification provided by you.

7.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

8. EVENTS OUTSIDE CONTROL

8.1 We or the Seller will not be liable or responsible for any failure to perform, or delay in performance of, any of obligations under a Contract that is caused by an Event Outside Control. 

8.2 An Event Outside Control means any act or event beyond reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

8.3 If an Event Outside Control takes place that affects the performance of the obligations: a) you will be contacted as soon as reasonably possible; and b) the obligations will be suspended and the time for performance will be extended for the duration of the Event Outside Control. Where the Event Outside Control affects delivery of Products to you, a new delivery date will be arranged with you after the Event Outside Control is over.

9. OTHER IMPORTANT TERMS

9.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

9.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

9.3 Nothing in these Terms is intended to confer any benefit or entitlement on any person other than you and any Seller with whom you have a Contract, and no such other person shall have any rights to enforce any of these Terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

9.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

9.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

9.6 These Terms are governed by English law. This means a Contract for the purchase of Products through our Platform and any dispute or claim arising out of or in connection with it will be governed by English law. You and we and the Seller agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.