GENERAL TERMS & CONDITIONS

Terms of Use

These are the general terms and conditions (the “Terms”) of BYGRAM for the use of website www.bygram.com, emails we send you and the information services, content and transaction capabilities on them and services provided by them (together called the “Site”).

You agree to be bound by the Terms, Privacy Policy and Cookie​ Policy , which together create a legal ​agreement (the Agreement) between you and us.

Changes

BYGRAM may make changes to the content offered on the Site at any time. BYGRAM can change, update, add or remove provisions of the Agreement at any time by posting the updated Terms on this website. By using this Web site after BYGRAM has updated the Terms, you are agreeing to all the updated Terms.

Information about us

The Site is operated by Freeflow Food Ltd, company number 11899619, registered in England with our registered office at Haslers Old Station Road, Loughton, Essex, IG10 4PL.

We refer to ourselves as “BYGRAM”, “we” or “us” or “our” and we refer to you as “you”, “your” or “Customer”.

Any questions regarding these Terms and Conditions or subsequent issues should be directed to:

BYGRAM team 795 Fulham road, London SW6 5HD England

Produce

We will take all reasonable care to ensure that the details displayed for each item offered for sale are correct at the time when the information was entered onto the system.

Whilst care is taken to ensure that we display as accurately as possible appearances, colours, textures or finishes, what you will see on your computer monitor or equipment may

differ and so we cannot guarantee that images are an accurate representation of the actual goods or services that you are purchasing.

Online shopping

After placing an order, you will receive an e-mail from us confirming that your order is being processed. We will charge your credit or debit card at the time when your order is ready to be collected.

If we cannot fulfil your order for any reason, we will let you know as soon as possible and offer alternatives if available at a time.

We may not be able to accept your order due to one or more of the following reasons, or for a reason not listed below:

i) The item you have ordered is out of stock
ii) We cannot authorise your payment or have reasonable grounds to suspect your payment may be fraudulent
iii) There has been a pricing or product description error
iv) There is a system or procurement failure
v) You have failed our customer validation checks

Collection

Collection for orders placed via bygram.com is available from our store at:

795 Fulham road, London SW6 5HD England

Collection of your order is available any time during working hours of BYGRAM store. Please, check our opening hours and holiday changes on www.bygram.com.

Return/Refund in store
28 days return policy for unwanted products – only for packaged products
30 days with full refund if you are not satisfied. Try to bring your check , otherwise we will need details of purchase so we can track your purchase.

Return/Refund online

2.2 you are not allowed to copy or use any material from the Shop for any commercial purpose, unless permission has been indicated on the Site in connection with a Creative Commons License.

2.3 you are not allowed to remove or change any copyright, trade mark or other intellectual property rights notices contained in the original material or from any material copied or printed off from the Shop.

3. Your personal information

3.1 Usage of your personal information is governed by bygram.com’s Privacy Policy, which forms part of these General Terms & Conditions.

4. Usernames and Passwords

4.1 If you want to purchase something from the Shop, we will ask you to register an account with us. During registration, you will be asked to provide your email address and password, which you can use to make a purchase;

4.2 You must keep your password(s) confidential at all times, and must not disclose the password(s) or permit anyone else to use your password(s). Any breach of any of these terms by anyone to whom you disclose the password(s) will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms of use;

4.3 In the event of any failure or error in the operation of a password(s), you shall cease using the password(s) and exit the Shop immediately, and notify bygram.com of such failure or error.

5. Rights

5.1 All intellectual property rights in any material (including text, photographs and other images and sound, downloads, software, trademarks and logos) contained in these Site is either owned by bygram.com or has been licensed to bygram.com by the rights owner(s) so that bygram.com can use this material as part of the Shop. These rights are protected by United Kingdom and international copyright and database right laws. You are only allowed to use this Shop and the material they contain as set out in these terms.

5.2 Certain parts of this Site and certain works sold through the Shop are made available under Creative Commons license(s) www.creativecommons.org. bygram.com’s related policies are outlined in section 4 – Creative Commons Licensing Policies.

6. Third party websites

6.1 This Shop also contains links to other third party websites, which are not under the control of and are not maintained by bygram.com. Any such links do not constitute an endorsement by bygram.com of any products or services available on such sites. bygram.com provides these links for your convenience only and you use such links entirely at your own risk. We accept no responsibility for the content or use of such sites or information contained in them.

7. Suspension and termination of accounts

7.1 bygram.com may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Shop from time to time. Access to or use of the Shop or pages linked to it will be not necessarily be uninterrupted or error free;

7.2 bygram.com may terminate your account(s) immediately in the event you breach any of these terms of use or if you are late or do not pay any sums due to bygram.com.

8. shop or complaints 8.1 If you have any shop or complaints about the Site then please address them to:

BYGRAM
8 Griffin Enterprise Park, penrhyndeudraeth, Gwynedd LL48 6LE United Kingdom
Email: hello “at” bygram.com
9. General and governing law

9.1 bygram.com may change these terms of use from time to time and will endeavour to notify you of any major changes by posting a message on the Site. By browsing the Site you are accepting that you are bound by the current terms of use. Please review this policy each time you use the Site as it is subject to change at any time by bygram.com without notice to you;

9.2 This Agreement constitutes the entire agreement between bygram.com and you and supersedes all prior agreements, representations, statements and understandings between bygram.com and you regarding the use of the Site. You agree that you have not relied upon any representation or statement not recorded in these Conditions in entering into this Agreement.

9.3 The failure of bygram.com to exercise or enforce any right or provision of this Agreement or the delay by bygram.com in so doing shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

9.4 These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts in respect of any dispute arising therefrom.

II. Terms of Sale: Shop ​Top ​Λ
This Terms Of Sale Policy forms part of the General Terms of Use, which governs your use

of the Site, and encompasses purchasing activities on the Shop. 1. The Sales Terms

Should you purchase any goods from the Shop, you will be contracting with bygram.com on the terms outlined below. Please read these terms and conditions carefully.

1.1 These Terms of Sale (“Sales Terms”) govern the supply of any goods you order via this Shop. Please read through the Sales Terms carefully. If you do not agree with the Sales Terms, do not order any goods from this Shop. If bygram.com accepts any order for goods from you, then its agreement with you will be made on these Sales Terms.

1.2 Please note that bygram.com reserves the right to amend the Sales Terms from time to time. bygram.com will publish the amended Sales Terms on the Shop and any new versions of the Sales Terms will come into effect as soon as bygram.com publish them on the Shop (with the exception that any orders that bygram.com have already accepted from you prior to any such change will be subject to the Sales Terms in force at that point). If you use the Shop after bygram.com has published the new Terms, your continued use of the Shop indicates that you agree to be bound by the new Sales Terms.

2. Availability of the goods supplied by the Shop

2.1 bygram.com may terminate or suspend the supply of any goods displayed on the Shop in the event of out of stocks, for support or maintenance work, in order to update content or

for any other reason. bygram.com may do this at any time and without notice. Products on the Shop are normally available for despatch within 24 hours and for products with slower availability, an estimated shipment preparation time is provided in the associated product listings on the Shop.

3. Buying goods from this Shop

3.1 Pricing policy – bygram.com may change the prices of the goods displayed on the Shop at any time. The prices for all the goods available on the Shop are clearly marked in their description and all items are subject to VAT at the prevailing rate. The VAT inclusive amount is included in the total price published on the site. We reserve the right to raise our prices in line with any increase in the prevailing rate of VAT. This will be shown clearly on your order. All applicable delivery charges are also displayed on the Shop. All prices are in Pounds Sterling. bygram.com may make available offers and discounts using promotion codes. Only one promotion code is valid per order.

3.2 Conclusion of Contract of Sale -The information relating to bygram.com’s goods and relevant prices are displayed on the Shop for your information and to enable you decide whether you would like to make us an offer to purchase any such goods. When you place an order to purchase a product from ​www.bygram.com ​, 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 which is accepted by us when we send e-mail confirmation to you that we’ve dispatched that product to you. That acceptance will be complete at the time we send the dispatch confirmation e-mail to you. Any products on the same order which we have not confirmed in a dispatch confirmation e-mail to have been dispatched do not form part of that contract.

3.3 Method of payment – For orders placed via the Shop, bygram.com accepts Visa, Mastercard and bank Maestro cards. bygram.com does not accept American Express, Diner’s Club, Solo. When making your payment, it is imperative that you provide the information that bygram.com specify is required, for example, cardholder’s name as it is shown on the card and address exactly as it appears on the card statement. Your card will be debited when bygram.com confirms that it has accepted your order. Ownership or title to the product shall not pass to you, the buyer, until bygram.com has received payment in full.

If you have not received your goods within the above timeframe, please contact our customer services department by email at hello “at” bygram.com . We can ship most items worldwide. Additional charges will apply for all international shipping.

3.5 Out of stocks – If any item you have chosen is unavailable, bygram.com will contact you via phone or your email address and set out the options that are available to you.

3.6 Return of goods policy – We want you to be completely satisfied with your purchases. Please let us know if you are not entirely satisfied with our products or our service, so that we can rectify the situation. We try to ensure that the products are the same as our original samples, although sometimes differences do occur. Items are described and photographed as accurately as possible, but please note that sizes, colours and designs may vary. If you are not completely satisfied with any item you ordered, just return it, if possible in the original packaging (with your customer advice note) and in a re-sellable condition within 30 days of the date of receipt and we will refund your money or send you a replacement – no questions asked. We politely request that any items returned under bygram.com’s 30 days returns policy are in original packaging and in a re-saleable condition. We reserve the right to charge a re-stocking fee if returns items or their packaging are not in the same condition as when we despatched them to you. We are only able to replace identical products (requests for different sizes acceptable), so if you wish to order additional items it will be treated as a new order. The bygram.com guarantee is in addition to your consumer rights.

When you send your item back to us, we’ll process the returned item then notify you via e-mail of your refund. You can expect a refund in the same form of payment originally used for purchase within three weeks of our receiving your return however it is usually much quicker than this. Please note that the costs for returning the item to us are at your own cost.

If you are returning an item because of an error on our part or because it is damaged or defective, we will be happy to refund the delivery charges incurred in sending the item to you and we’ll reimburse your costs in returning it to us.

Underwear and swimwear returns ​- please note that returns on such products are excluded from our general returns policy for obvious hygiene reasons. Please ensure that underwear is tried on over your own underwear. We reserve the right to refuse returns of underwear items where it is apparent that this has not been the case.

3.7 Cancellation Policy – Please note that you have a legal right to cancel your order within 14 days of the date of receipt of the goods (provided the goods are returned to us in an unused condition in the original packaging together with a copy of the receipt. By returning, packing securely and enclosing the advice note and sending it back to bygram.com 8 Griffin Enterprise Park, penrhyndeudraeth, Gwynedd, LL48 6LE, United Kingdom, a refund will be provided within 14 days of the date of cancellation.

3.8 Legal age – bygram.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 bygram.com only with the involvement of a parent or guardian.

In accordance with UK law when you place an order for alcoholic beverages with bygram.com from the Shop you warrant that you are at least 18 years of age and that you are legally capable of entering into binding contracts.

3.9 Vouchers & discounts – From time to time, vouchers may be issued for free delivery or for discounts on orders or products. You may only use one voucher per order. Some vouchers may only be used once per customer. Certain brands such as bumGenius and Frugi may be excluded from promotional offers and discounts will not be applied to these products. Please contact hello “at” bygram.com if you have any questions about redeeming a voucher code. We are unable to accept loyalty discounts on new Frugi clothing and may require you pay any discount that has been applied at the online checkout before we can despatch your order.

3.10 Free gifts -From time to time, free products may be offered with a product or order. These free products are included as part of your order and if any part of the order is returned for a refund we reserve the right to deduct the value of the free gift from your refund if they are not returned too.

3.11 Worldwide duties and taxes – If your delivery address is outside the UK you may be required to pay import duties and taxes when your BYGRAM order reaches your country. These and any additional customs and clearance charges are your responsibility and will not be paid for by BYGRAM.

3.12 bygram.com Gift Voucher Terms

  1. bygram.com gift vouchers can be used to purchase goods online at bygram.com or over the phone.
  2. Gift vouchers and unused portions of gift vouchers expire two years from the date of issuance.
  3. bygram.com gift vouchers can only be used once.
  4. The total value of the gift voucher will be applied against the total order including

    VAT. If the goods purchased online total less than the value of the gift voucher, the remaining balance cannot be carried over or used on future purchases. If your order exceeds the amount of your gift voucher, you must pay for the balance with an approved credit card, debit card or by cheque.

  5. Promotional offers, coupons and discounts may not be applied toward the purchase of a bygram.com gift voucher.
  6. When redeeming gift vouchers online or over the phone you will be required to provide the voucher number printed on the gift voucher. You may also be required to provide additional evidence of the voucher itself, which may include you needing to post the voucher to BYGRAM as part of the redemption process.
  1. If you have to return goods for credit originally purchased online using gift voucher(s), then in most instances you will receive another voucher code to use on a future purchase.
  2. The cash value of a gift voucher is 0.001p.
  3. Gift vouchers cannot be used to purchase other gift vouchers.
  4. bygram.com is not responsible for lost or stolen gift vouchers.
  5. No VAT is charged when buying a gift voucher; however, purchases paid for with a

    gift voucher will be charged applicable VAT.

  6. Gift vouchers given away for promotional purposes may not be used in conjunction

    with other offer or promotion codes

III. Privacy Policy

bygram.com is committed to protecting your privacy. This Privacy Policy forms part of the General Terms of Use, which governs your use of the Site. This means that you agree to our use of any personal information that we may collect from you on the terms set out in this Privacy Policy.

From time to time, we may add or change functions, features or products to the Site. This, and our commitment to protecting the privacy of your personal information, may result in periodic changes to this Privacy Policy. As a result, please remember to refer back to this Privacy Policy regularly to review any amendments.

Please contact bygram.com with questions regarding this Privacy Policy.

1. Collection of Information

In order to buy products from the Shop, you must provide certain personal details in order to complete your transaction. During registration you are required to give information including your e-mail address. In addition, you may choose to provide bygram.com with additional information about yourself.

Based on what you tell us about yourself and where we think it is relevant, we may contact you to provide information about bygram.com and our products and services, but you may tell us at any time not to do this by following the unsubscribe instructions in any email we send you.

Where you request information from us, bygram.com or one of our approved partners will contact you to provide you with the requested information.

2. Children’s Information

To purchase products other than alcoholic beverages from the Shop, you must be 18 or over or if you are younger, you must have parental consent. Please note that all minors are encouraged to discuss this Privacy Policy and the Terms of Use Agreement with their parents or legal guardians before they attempt to register. In accordance with UK law when you place an order for alcoholic beverages with bygram.com from the Shop you warrant that you are at least 18 years of age and that you are legally capable of entering into binding contracts.

Information gathered by us concerning Visitors under the age of 16 will be used by us strictly as necessary for the provision or supply of appropriate goods and services only and for no other purpose.

3. How We Use The Information That We Gather

bygram.com use information obtained from Site users as stated in this Policy and to enhance users’ experiences on the Site. bygram.com does not rent, sell, or share personal information about you with other people or non-affiliated companies except to provide products or services you have requested, when we have your permission, or under the following circumstances:

We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.

We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of bygram.com’s General Terms of Use for the Site, or as otherwise required by law.

4. Links

The Site may contain links to other websites. Please be aware that bygram.com is not responsible for the privacy practices of other web sites. We encourage our Shop Customers and Site Visitors to be aware when they leave our Site and to read the privacy statements of each and every web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by bygram.com through your use of the Site.

5.Cookies

In our effort to provide you with services customised to your interests, we use “cookies” to assist in the collection of information. A cookie is a small data file containing information that is sent to your browser from a web server and stored on your computer’s hard drive.

As part of bygram.com’s efforts to streamline your experience on the Site, we use cookies to: access your account information (stored on our computers) in order to deliver better and more personalised services; and identify which areas of the Site you have visited.

Tracking information such as cookies is also used to create aggregate reports on user demographics and traffic patterns on the Site, and may be provided to our partners. We also collect IP (Internet Protocol) addresses to analyse trends, administer the Site, track a user’s movement, and gather broad demographic information for aggregate use.

6. Security

Payments are handled through a 3rd party system called Sage Pay. This is a fully encrypted service.

7. Correction/Updating Personal Information

If you have registered to purchase from the Shop and would like to change your details, please email hello “at” bygram.com Keep in mind, however, that there will be residual information that will remain within bygram.com’s databases, access logs, and other records, which may or may not contain such personally identifiable information.

You may also opt out of receiving our newsletters and/or promotional information from bygram.com and/or from third parties affiliated with bygram.com at any time. If you receive unwanted emails from bygram.com, you can opt-out by following the instructions and links on the bottom of emails from bygram.com.

8. General

Your personal information will be held and used by us in accordance with the Data Protection Act 1998 and related legislation and nothing in this Privacy Policy or the accompanying Terms of Use should be interpreted as affecting your rights thereunder. If you have any queries about this Privacy Policy, please email us at hello “at” bygram.com.

IIII. Social media giveaways

Giveaways are open to all customers unless otherwise stated. Prizes will be stated within each giveaway

The start time and end time will be stated within each giveaway post

Winners are chosen at random unless otherwise stated and winners will be notified within 7 days of the competiion end time

If a winner has not replied within one week of being notified, Babipur will be entitled to select another winner

There is no cash or other alternative for prizes

In the event of unforeseen circumstances Babipur reserves the right to provide an alternative prize of equal or greater value to the offered giveaway prize

Prizes are non-transferable

The winner’s name may be published on our news and social media pages and will be ask to contact Babipur to claim their prize

Babipur accepts no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by you as a result of entering the prize draw or accepting the prize

IIIII. Social media image useage rights

If you engage with our social media accounts via Twitter, Instagram, Facebook or other social media channels, we might ask if we are able to use your imagery across the Babipur website and Social Media. By replying to Babipur and providing your permission, you represent and warrant that you own the image and there are no other entities with ownership claims over it. You grant Babipur a non-exclusive and non-revocable commercial right to reproduce the image in any form (including, but not limited to, video, internet posting, reproduction, display, email, publication, and distribution), through our own services throughout the world in any medium now known or later developed and without restriction or limitation. You agree that your image may be used by Babipur either alone or in conjunction with sketches, cartoons, captions, films, art work, textural matter or other photographs. While Babipur will make reasonable efforts to give you credit for your photo in some form such as a tag, you agree that such credit is not mandatory and your permission for us to use your image is not contingent upon such credit being given. You waive any right to inspect and/or approve the finished work incorporating the image or the advertising copy that may be used in connection therewith or the use of which said finished work may be applied. Further, you waive any claims to royalties with regards to your image or our finished work. Last, you agree that if any provision, or any portion of any provision, contained herein is determined to be invalid under any statute or rule of law, then it shall, to that extent alone, be deemed omitted, and the remainder of this Permission to Use Image Agreement shall remain in full force and effect. If you don’t agree to these terms, we completely understand and no further action is required.

If you share an image with us as a condition of entry to a Babipur compeition/giveaway you are agreeing to these social media useage rights. Please be aware that competitions/giveaways attract large numbers of entries and so credits for photos are often

not provided. By entering a Babipur competition/giveaway with the use of a specific hashtag on publicly visible social media such as Facebook, Instagram or Twitter you grant Babipur commercial right to reproduce the image in any form.

We are truly honoured to see Babipur as a part of your page/feed and we love seeing your photos. Thanks for sharing and if you have any questions please contact us.