CONDITIONS OF USE
1.1 Brandbright Ltd produces and maintains this website, the display of the items and the mechanism for secure card purchase using Secure Socket Layer (SSL) security. All sales through the website are made on the terms which you should read and accept before proceeding with your order.
1.2 Brandbright Ltd provides this site on an “as is” basis and makes no representations or warranties of any kind with respect to it or its contents and disclaims all such representations and, warranties (in the case of consumer sales to the extent permitted by law). In addition Brandbright Ltd makes no representations or warranties about the accuracy, completeness or suitability for any purpose of the contents of any advertisements or any information and graphics published therein. The contents of this site may contain technical inaccuracies or typographical errors. All liability of Brandbright Ltd howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
1.3 Neither Brandbright Ltd nor any of its employees or other representatives can accept any liability for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensation, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
1.4 It is agreed that Brandbright Ltd shall have the right at any time, without the necessity to give notice, to revise any item advertised.
1.5 Orders in respect of items advertised or offered on the site shall not form binding contractual relationships until expressly accepted by Brandbright Ltd and are all subject to availability.
1.6 The exclusions and limitations in this Disclaimer are not intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit the liability of Brandbright Ltd to you for death or personal injury resulting from our negligence or that of our employees or agents.
1.7 Use of this website is on the understanding that all brand names, product names, titles and copyrights displayed are the trade marks or trade names or copyrights of Brandbright Ltd.
1.8 Brandbright Ltd uses Secure Socket Layer (SSL) to both protect users of the site’s credit card service and to assist their worries concerning shopping online. However, any losses incurred or sustained by users who transmit information by means of email or other internet links shall, save where culpable negligence is proved, be borne solely and exclusively by that customer and in no event shall any such losses in whole or in part be borne by Brandbright Ltd. The necessity for users to sign out on completion of their shopping when using public computers cannot be stressed more as Brandbright Ltd cannot accept any liability flowing from such failure.
Permission is granted only electronically to copy and/or print on hard copy portions of this site for the sole purpose of placing an order with Brandbright Ltd or using this site as a shopping resource. Any other use of materials on this site (including reproduction for purposes other than those noted above and modification, distribution, or republication) without the prior written permission of Brandbright Ltd is strictly prohibited.
3 TRADE MARKS
All trade marks, product names and company names or logos cited herein are the property of their respective owners.
Brandbright Ltd accepts no responsibility for the content of any site to which a hypertext link from this site exists. The links are provided “as is” for your convenience and are not an endorsement or approval with no warrant, express or implied, for the information on other such sites over which Brandbright Ltd has no control.
Whilst Brandbright Ltd makes all reasonable attempts to exclude viruses from this website, such exclusion cannot be ensured and no liability is accepted for viruses, worms, Trojan horses or other items of a destructive nature. Thus, you are recommended to take all appropriate safeguards before downloading information from this website, its operator or its contacts.
All use of this site and all sales made are subject to English law and the non-exclusive jurisdiction of the English Courts.
7.1 The sale of all items on this Site is between you and Brandbright Ltd. Receipt of payment of the whole of the price for the items you order before your order shall be deemed ready for acceptance.
7.2 Your use of the Site is set out in the Legal Notice. If you do not wish to enter into a binding legal contract then you must not proceed any further with your order.
7.3 When you receive a confirmation of your order, this confirms that you have placed the order but at this stage a contract does not yet exist between Brandbright Ltd and you. The acceptance of your order by Brandbright Ltd has the affect of bringing into existence a legally binding contract between you and Brandbright Ltd.
8 DEFINITIONS In these terms:-
8.1 “Items” means any object displayed on the site for sale.
8.2 ‘Supplier’ means the seller of an item for resale.
8.3 ‘Contract’ means the electronic on-line contract generated by the Supplier’s acceptance as notified by the acceptance by Brandbright Ltd of your offer to purchase the items.
8.4 ‘Order Form’ means the order form published on the site
8.5 ‘You’ and ‘your’ mean the person ordering the items under these terms as identified on the Order Form.
8.6 “Site” means the web site of Brandbright Ltd – www.brandbright.co.uk.
8.7 The term ‘Brandbright Ltd’ includes the terms ‘we’ ‘our’ and ‘us’.
9 WHEN THE CONTRACT IS FORMED
9.2 Once the credit card payment has been processed and the full payment for the items received then Brandbright Ltd may send you email confirmation of your order by way of acceptance to the email address you have provided in your Order Form.
9.3 Your order will not be accepted if the items are no longer available for sale or the credit card payment is not authorised or payment is not received.
9.4 Brandbright Ltd uses a secure server that implements Secure Socket Layer Technology to prevent any person from gaining access to your credit card or registration information which is on our site or being transmitted across the internet. If you discover that goods or services have been ordered using your credit card details in circumstances where you have not authorised this then you should immediately notify us as well as your card provider in accordance with its reporting rules and procedures.
10 THE PRICE
10.1 The price payable for the items that you order is as set out on the site and as detailed on the Order Form
10.2 The price includes Value Added Tax (if applicable) The delivery charges are set out in the site and you should note that it may not be possible for delivery to be made to some locations. Further, an additional charge for special delivery or to certain locations may be payable as notified on the site.
10.3 All payments must be made in pounds Sterling.
10.4 VAT is charged at the current rate, when applicable to either item, or shipping address. The VAT number of Brandbright Ltd is GB322443687.
10.5 Brandbright Ltd reserves the right to change the prices at any time without notice.
11.1 If on delivery any goods are damaged Brandbright Ltd requires that the shipment is refused for delivery. Please contact Brandbright Ltd immediately.
11.2 Once goods are accepted for delivery you, the customer, has accepted that the goods are in good condition.
11.3 Goods that are requested to be left at a location without a signature are left at solely the customers own risk.
11.4 Goods lost or damaged will be replaced free of charge provided we have the item(s) in stock, if the item(s) are out of stock we shall recommend a suitable replacement. The replacement order will be dispatched asap.
11.5 Carriage charges incurred by Brandbright Ltd are non-refundable if all attempts for delivery have failed. If a customer requests re-delivery after our initial attempts to deliver all additional carriage costs are charged at cost.
11.6 Returning goods – If you are not satisfied with the goods in any way please contact Brandbright Ltd.
All goods must be returned intact no later than 14 working days from delivery. Any carriage cost is the responsibility of the customer. Brandbright Ltd accepts no responsibility for failure of delivery due to circumstances beyond our control.
In compliance with current legislation the purchaser has the right to cancel any formed contract within 7 days of placing an order or within 7 days of receipt of such order (whichever is the greater). The Purchaser must inform Brandbright Ltd of such cancellation by email. The goods ordered must be returned suitably packaged and insured against loss and/or damage and the Purchaser will be refunded in full the purchase price of the order. This does not apply to non-stock, special orders.
13.1 We reserve the right to cancel the contract between us if the Items is no longer available for sale by the supplier.
13.2 If we do cancel your contract we will notify you by email and will re-credit to your account any sum deducted by us from your credit card as soon as possible, but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
14 COLOUR ACCURACY
We have made every effort to display as accurately as possible the colours of the items that appear on the site. However, as the actual colours you see will depend upon your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.
15 COPYRIGHT AND MORAL RIGHT
15.1 The copyright in each Items created by it’s artist, author or creator shall remain with such artist, author or creator and any reproduction of the Items shall require the specific written consent of the same.
15.2 Unless otherwise stated in writing, in respect of each Items the moral right of the artist, author or creator to assert his or her rights under Section 77 Copyright Designs and Patents Act 1988 to be identified as the originator of the Items whenever published in public or as otherwise displayed is asserted.
16 LIABILITY OF BRANDBRIGHT LTD AND / OR THE SUPPLIER
16.1 If any items are delivered damaged or defective then we will not have any liability to you unless you notify us in writing by email of the problem within 2 working days of the delivery of the items. This does not affect your rights of cancellation as above.
16.2 If you do not receive the items ordered by you within 25 working days of the date on which you ordered the same, we shall have no liability to you unless you notify us in writing by email of the situation within 30 working days of the date on which you ordered the items. If so notified, the only obligation on Brandbright Ltd will be to refund to you the amount paid by you for the items.
16.3 Brandbright Ltd will not be liable to you for any indirect or consequential loss or damage arising out of any such occurrence and Brandbright Ltd shall have no liability to pay any money to you by way of compensation other than to refund to you the price paid where you are so entitled.
16.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase the items from the site. Certain National laws may prohibit the importation or exportation of certain of the items to you. No representations are made by Brandbright Ltd as to this and no liability is accepted in respect of the export or import of the items you purchase.
16.5 Notwithstanding the above, nothing in these terms is intended to limit any rights you may have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Unless otherwise expressly stated in these Terms or agreed, all notices from you to us must be sent by email to firstname.lastname@example.org and all notices from us to you will be displayed on the website from time to time or emailed to you directly.
18 EVENTS BEYOND OUR CONTROL
We shall have no liability to you for any failure to deliver the Items you have ordered or any delay in doing so or for any damage or defect to items delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, a breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms is unenforceable (including any provision in which we exclude our liability to you) then enforceability of any other part of these conditions will not be affected.
20 PRIVACY AND LEGAL NOTICE
21 THIRD PARTY RIGHTS
Except for our directors, employees or representatives, a person who is not a party to the contract has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of the contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
22 GOVERNING LAW
The Contract between us shall be governed by and interpreted in accordance with English law and the English Courts shall have non-exclusive jurisdiction to resolve any disputes between us.
23 ENTIRE AGREEMENT