Terms
Terms and conditions of website use and supplyThe
website www.braz.co.uk (“Website”) is operated and these terms
and conditions of use and supply (“Terms”) are issued by Rubypink Limited ("Company”).
This page tells you about the terms for
using the Website and the terms on which the Company supplies any of
the goods (“Goods”) listed on the Website. You should print a copy of
these Terms for future reference.
By using the Website, and/or
by ordering any of the Goods from the Website, you agree to be legally
bound by these Terms, regardless of whether or not you choose to
register with the Company.
If you do not accept these Terms, do
not access or use the Website or order any Goods. How the Company uses
your data is governed by the
Privacy Policy.
1. Introduction1.1. The Company is a
company registered in England and Wales with company number 06061501 whose registered office [and main trading address] is The Old Stables, Castleview Farm, Castleview Road, Easthorpe, Nottingham. NG13 0DX. The Company’s VAT
number is 897 7050 72.
1.2. You may access most areas of the
Website without registering your details with the Company. Certain
areas of the Website are only open to you if you register.
1.3.
By accessing any part of the Website, you shall be deemed to have
accepted these Terms in full. If you do not accept these Terms in full,
you must leave the Website immediately.
1.4. The Company may
revise these Terms at any time. Please review these Terms regularly to
ensure you are aware of any changes made by the Company. Your continued
use of the Website after changes are made means that you agree to be
legally bound by these Terms as updated and/or amended.
2. Access and your status.
2.1. By placing an order through the Website, you warrant that:
(a) You are legally capable of entering into binding contracts;
3. Service availability3.1. While the Company
endeavours to ensure that the Website is normally available 24 hours a
day, the Company shall not be liable if for any reason the Website is
unavailable at any time or for any period.
3.2. Access to the
Website may be suspended temporarily and without notice in the case of
system failure, maintenance or repair or for reasons beyond the
Company’s control.
4. Use of the Website4.1. You may not copy,
reproduce, republish, download, post, broadcast, transmit, make
available to the public, or otherwise use the Website content in any
way except for your own personal, non-commercial use. You also agree
not to adapt, alter or create a derivative work from any Website
content except for your own personal, non-commercial use. Any other use
of Website content requires the Company’s prior written permission.
5. Visitor material and conduct5.1. Other than
personally identifiable information, which is covered under the Privacy
Policy, any material you transmit or post to the Website shall be
considered non-confidential and non-proprietary. The Company shall have
no obligations with respect to such material. The Company and its
designees shall be free to copy, disclose, distribute, incorporate and
otherwise use such material and all data, images, sounds, text and
other things embodied therein for any and all commercial or
non-commercial purposes.
5.2. You are prohibited from posting or transmitting to or from the Website any material:
(a)
That is threatening, defamatory, obscene, indecent, seditious,
offensive, pornographic, abusive, liable to incite racial hatred,
discriminatory, menacing, scandalous, inflammatory, blasphemous, in
breach of confidence, in breach of privacy or which may cause annoyance
or inconvenience;
(b) For which you have not obtained all necessary licences and/or approvals;
(c)
Which constitutes or encourages conduct that would be considered a
criminal offence, give rise to civil liability, or otherwise be
contrary to the law of or infringe the rights of any third party, in
any country in the world;
(d) Which is technically harmful
(including, without limitation, computer viruses, logic bombs, Trojan
horses, worms, harmful components, corrupted data or other malicious
software or harmful data).
5.3. You may not misuse the Website (including, without limitation, by hacking).
5.4.
The Company shall fully co-operate with any law enforcement
authorities or court order requesting or directing it to disclose the
identity of or locate anyone who breaches clause 5.1 and/or clause 5.2.
6. Links to and from other websites6.1. Links to
third party websites on the Website are provided solely for your
convenience. If you use such a link, you will leave the Website. The
Company has not reviewed all of these third party websites and do not
control and are not responsible for these websites or their content or
availability. The Company therefore does not endorse or make any
representations about them, or any material found there, or any results
that may be obtained from using them. If you decide to access any of
the third party websites linked to the Website, you do so entirely at
your own risk.
6.2. If you would like to link to the Website, you
may only do so on the basis that you link to, but do not replicate, the
home page of the Website, and subject to the following conditions:
(a) You do not remove, distort or otherwise alter the size or appearance of the Braz logo;
(b) You do not create a frame or any other browser or border environment around the Website;
(c) You do not in any way imply that the Company is endorsing any Goods or services other than its own;
(d) You do not misrepresent your relationship with the Company nor present any other false information about the Company;
(e) You do not otherwise use any trade marks displayed on the Website without express written permission from the Company;
(f) You do not link from a website that is not owned by you; and
(g)
Your website does not contain content that is distasteful, offensive
or controversial, infringes any intellectual property rights or other
rights of any other person or otherwise does not comply with all
applicable laws and regulations.
6.3. The Company expressly
reserves the right to revoke the rights granted in clause 6.2 for
breach of these Terms and to take any action it deems appropriate.
6.4. You shall fully indemnify the Company for any loss or damage suffered by it for breach of clause 6.2.
7. Registration7.1. Each registration is for a
single user only. The Company does not permit you to share your user
name and password with any other person nor with multiple users on a
network.
7.2. Responsibility for the security of any passwords issued rests with you.
8. Disclaimer8.1. While the Company endeavours to
ensure that the information on the Website is correct, the Company does
not warrant the accuracy and completeness of the material on the
Website. The Company may make changes to the material on the Website,
or to the Goods and prices described in it, at any time without notice.
The material on the Website may be out of date, and the Company makes
no commitment to update such material.
8.2. The material on the
Website is provided "as is", without any conditions, warranties or
other terms of any kind. Accordingly, to the maximum extent permitted
by law, the Company provides you with the Website on the basis that the
Company excludes all representations, warranties, conditions and other
terms (including, without limitation, the conditions implied by law of
satisfactory quality, fitness for purpose and the use of reasonable
care and skill) which, but for these Terms, might have effect in
relation to the Website.
9. How a contract is formed between you and the Company9.1.
After placing an order on the Website, you will receive an e-mail from
the Company acknowledging that it has received your order. Please note
that this does not mean that your order has been accepted. Your order
constitutes an offer to the Company to buy the Goods subject to these
Terms. All orders are subject to acceptance by the Company, and the
Company will confirm such acceptance to you by sending you an e-mail
that confirms that the Goods have been dispatched (“the Dispatch
Confirmation”). The contract between the Company and you (“Contract”)
will only be formed when the Company sends you the Dispatch
Confirmation.
9.2. The Contract will relate only to those Goods
whose dispatch the Company has confirmed in the Dispatch Confirmation.
The Company will not be obliged to supply any other Goods which may
have been part of your order until the dispatch of such Goods has been
confirmed in a separate Dispatch Confirmation.
10. Company’s status10.1. Please note that in some
cases, the Company accepts orders as agents on behalf of third party
sellers. The resulting legal contract is between you and that third
party seller, and is subject to the terms and conditions of that third
party seller, which they will advise you of directly. You should
carefully review their terms and conditions applying to the transaction.
10.2.
The Company may also provide links on the Website to the websites of
other companies, whether affiliated with the Company or not. The
Company cannot give any undertaking, that products you purchase from
third party sellers through the Website, or from companies to whose
website the Company has provided a link on the Website, will be of
satisfactory quality, and any such warranties are DISCLAIMED by the
Company absolutely. This DISCLAIMER does not affect your statutory
rights against the third party seller. The Company will notify you
when a third party is involved in a transaction, and the Company may
disclose your customer information related to that transaction to the
third party seller. ]
11. Consumer rights11.1. If you are contracting as
a consumer, you may cancel a Contract at any time within seven working
days, beginning on the day after you received the Goods. In this case,
you will receive a full refund of the price paid for the Goods in
accordance with the Company refund policy as set out in clause 13
below.
11.2. To cancel a Contract, you must inform the Company
in writing. You must also return the Goods to the Company immediately,
in the same condition in which you received them, and at your own cost
and risk. You have a legal obligation to take reasonable care of the
Goods while they are in your possession. If you fail to comply with
this obligation, the Company may have a right of action against you for
compensation.
11.3. This provision does not affect your statutory rights.
12. Availability and delivery12.1. Your order will
be fulfilled by the delivery date set out in the Dispatch Confirmation
or, if no delivery date is specified, then within 30 days of the date
of the Dispatch Confirmation, unless there are exceptional
circumstances.
13. Risk and title13.1. The Goods will be at your risk from the time of delivery.
13.2.
Ownership of the Goods will only pass to you when the Company receives
full payment of all sums due in respect of the Goods, including
delivery charges.
14. Price and payment14.1. The price of any Goods will be as quoted on the Website from time to time, except in cases of obvious error.
14.2.
These prices include VAT but exclude delivery costs, which will be
added to the total amount due as set out in the
Delivery Guide.
14.3. Prices are liable to
change at any time, but changes will not affect orders in respect of
which the Company has already sent you a Dispatch Confirmation.
14.4.
The Website contains a large number of Goods and it is always possible
that, despite the Company’s best efforts, some of the Goods listed on
the Website may be incorrectly priced. The Company will normally
verify prices as part of its dispatch procedures so that, where the
correct price of the Goods is less than the price stated on the
Website, the Company will charge the lower amount when dispatching the
Goods to you. If the correct price of the Goods is higher than the
price stated on the Website, the Company will normally, at its
discretion, either contact you for instructions before dispatching the
Goods, or reject your order and notify you of such rejection.
14.5.
The Company is under no obligation to provide the Goods to you at the
incorrect (lower) price, even after it has sent you a Dispatch
Confirmation, if the pricing error is obvious and unmistakeable and
could have reasonably been recognised by you as a mis-pricing.
14.6. Payment for all Goods must be by credit or debit card. The Company accepts payment with VISA Credit, Mastercard,VISA Delta, Maestro, SOLO, VISA Electron, America Express.
15. Company’s refund policy15.1. When you return Goods to the Company:
(a)
Because you have cancelled the Contract with the Company within the
seven-day cooling-off period as set out in clause 11.1 above, the
Company will process the refund due to you as soon as possible and, in
any case, within 30 days of the day you have given notice of your
cancellation. In this case, the Company will refund the price of the
Goods in full, including the cost of sending the item(s) to you.
However, you will be responsible for the cost of returning the item(s)
to the Company.
(b) For any other reason, the Company will
examine the returned Goods and will notify you of your refund via
e-mail within a reasonable period of time. the Company will usually
process the refund due to you as soon as possible and, in any case,
within 30 days of the day the Company confirmed to you via e-mail that
you were entitled to a refund for the defective Goods. Goods returned
by you because of a defect will be refunded in full, including a refund
of the delivery charges for sending the item to you and the cost
incurred by you in returning the item to the Company.
Also, see
Returns
16. Company’s liability16.1. The Company warrants
to you that any Goods purchased from the Company through the Website
are of satisfactory quality and reasonably fit for all the purposes for
which Goods of the kind are commonly supplied.
16.2. The
Company’s liability for losses you suffer as a result of the Company
breaking this agreement is strictly limited to the purchase price of
the Goods you purchased and any losses which are a foreseeable
consequence of the Company breaking the agreement. Losses are
foreseeable where they could be contemplated by you and the Company at
the time your order is accepted by the Company.
16.3. The Company does not exclude or limit in any way its liability:
(a) For death or personal injury caused by its negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for the Company to exclude, or attempt to exclude, its liability.
16.4.
The Company is not responsible for indirect losses which happen as a
side effect of the main loss or damage and which are not foreseeable by
you and the Company (such as loss of income or revenue, loss of
business, loss of profits or contracts, loss of anticipated savings,
loss of data, waste of management or office time) however arising and
whether caused by tort (including negligence), breach of contract or
otherwise.
16.5. [Where you buy any Goods from a third party
seller through the Website, the seller's individual liability will be
set out in the seller's terms.]
17. Written communications17.1. Applicable laws
require that some of the information or communications the Company
sends to you should be in writing. When using the Website, you accept
that communication with the Company will be mainly electronic. The
Company will contact you by e-mail or provide you with information by
posting notices on the Website. For contractual purposes, you agree to
this electronic means of communication and you acknowledge that all
contracts, notices, information and other communications that the
Company provides to you electronically comply with any legal
requirement that such communications be in writing. This condition does
not affect your statutory rights.
18. Notices18.1. All notices given by you to the
Company must be given to Rubypink Limited at The Old Stables, Castleview Farm, Easthorpe, Nottingham. NG13 0DX OR info@braz.co.uk. The Company may give notice to you at either the e-mail or
postal address you provide to the Company when placing an order, or in
any of the ways specified in clause 15 above. Notice will be deemed
received and properly served immediately when posted on the website, 24
hours after an e-mail is sent, or three days after the date of posting
of any letter. In proving the service of any notice, it will be
sufficient to prove, in the case of a letter, that such letter was
properly addressed, stamped and placed in the post and, in the case of
an e-mail, that such e-mail was sent to the specified e-mail address of
the addressee.
19. Transfer of rights and obligations19.1. The
contract between you and the Company is binding on you and the Company
and on the Company’s respective successors and assigns.
19.2.
You may not transfer, assign, charge or otherwise dispose of a
Contract, or any of your rights or obligations arising under it,
without the Company’s prior written consent.
19.3. The Company
may transfer, assign, charge, sub-contract or otherwise dispose of a
Contract, or any of its rights or obligations arising under it, at any
time during the term of the Contract.
20. Events outside Company’s control20.1. The
Company will not be liable or responsible for any failure to perform,
or delay in performance of, any of its obligations under a Contract
that is caused by events outside its reasonable control (“Force Majeure
Event”).
20.2. A Force Majeure Event includes any act, event,
non-happening, omission or accident beyond the Company’s reasonable
control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action;
(b)
Civil commotion, riot, invasion, terrorist attack or threat of
terrorist attack, war (whether declared or not) or threat or
preparation for war;
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) Impossibility of the use of public or private telecommunications networks; and
(f) The acts, decrees, legislation, regulations or restrictions of any government.
20.3.
The Company’s performance under any Contract is deemed to be suspended
for the period that the Force Majeure Event continues, and the Company
will have an extension of time for performance for the duration of that
period. The Company will use its reasonable endeavours to bring the
Force Majeure Event to a close or to find a solution by which its
obligations under the Contract may be performed despite the Force
Majeure Event.
21. Waiver21.1. If the Company fails, at any time
during the term of a Contract, to insist upon strict performance of any
of your obligations under the Contract or any of these Terms, or if the
Company fails to exercise any of the rights or remedies to which it is
entitled under the Contract, this shall not constitute a waiver of such
rights or remedies and shall not relieve you from compliance with such
obligations.
21.2. A waiver by the Company of any default shall not constitute a waiver of any subsequent default.
21.3.
No waiver by the Company of any of these Terms shall be effective
unless it is expressly stated to be a waiver and is communicated to you
in writing in accordance with clause 16 above.
22. Severability22.1. If any of these Terms or any
provisions of a Contract are determined by any competent authority to
be invalid, unlawful or unenforceable to any extent, such term,
condition or provision will to that extent be severed from the
remaining terms, conditions and provisions which will continue to be
valid to the fullest extent permitted by law.
23. Enitre agreement23.1. The Company intends to
rely upon these Terms and any document expressly referred to in them in
relation to the subject matter of any Contract. While the Company
accepts responsibility for statements and representations made by its
duly authorised agents, please make sure you ask for any variations
from these Terms to be confirmed in writing.
24. Company’s right to vary these Terms24.1. The Company has the right to revise and amend these Terms from time to time.
24.2.
You will be subject to the policies and Terms in force at the time
that you access the Website or you order Goods from the Company, unless
any change to those policies or these Terms is required to be made by
law or governmental authority (in which case it will apply to orders
previously placed by you), or if the Company notifies you of the change
to those policies or these Terms before the Company sends you the
Dispatch Confirmation (in which case the Company has the right to
assume that you have accepted the change to the Terms, unless you
notify the Company to the contrary within seven working days of receipt
by you of the Goods).
25. Law and jurisdiction25.1. These Terms shall be
governed by and construed in accordance with English law. Disputes
arising in connection with this these Terms shall be subject to the
exclusive jurisdiction of the English courts.
26.
Promotional Codes26.1 The Company has the right to offer promotional codes and amend these codes from time to time.
26.2 The Company has the right to withdraw any promotional code before the ofiicial date if the code is no longer viable due to items being out of stock or unavailable.
26.3 The Company has the right to withdraw any promotional code if it is being used fraudulently or incorrectly on the website.
26.4 Only one promotional code can be used in conjunction with an individual order. It is not possible to use several codes on a single order.
