CONDITIONS OF USE
1 DISCLAIMER “The Company” 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.
2 “The Company” 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 “The Company” 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 “The Company” howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
3 Neither “The Company” nor any of it’s 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.
4 It is agreed that “The Company” shall have the right at any time, without the necessity to give notice, to revise any process advertised.
5 Orders in respect of Items advertised or offered on the Site shall not form binding contractual relationships until expressly accepted by “The Company” and are all subject to availability.
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 Company”‘s liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
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 “The Company”.
8 “The Company” 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 “The Company”. The necessity for users to sign out on completion of their shopping when using public computers cannot be stressed more as “The Company” 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 “The Company” 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 “The Company” is strictly prohibited.
10 TRADE MARKS
All trade marks, product names and company names or logos cited herein are the property of their respective owners.
“The Company” 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 is not an endorsement or approval with no warrant, express or implied, for the information on other such sites over which “The Company” has no control.
Whilst “The Company” 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.
13 JURISDICTION All use of this site and all sales made are subject to English law and the non-exclusive jurisdiction of the English Courts.
1.1 The sale of all Items on this Site is between You and “The Company”. Receipt of payment of the whole of the Price for the Items You order before Your order shall be deemed ready for acceptance.
1.2 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.
1.3 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 “The Company” and You. “The Company”’s acceptance of Your order has the affect of bringing into existence a legally binding contract between You and “The Company”.
2 DEFINITIONS In these terms:-
2.1 “Items” means any object displayed on the Site for sale.
2.2 ‘Supplier’ means the seller of an Items for resale.
2.3 ‘Contract’ means the electronic on-line contract generated by the Supplier’s acceptance as notified by “The Company”‘s acceptance to You of Your offer to purchase the Items.
2.4 ‘Order Form’ means the order form published on the Site
2.5 ‘You’ and ‘Your’ mean the person ordering the Items under these Terms as identified on the Order Form.
2.6 “”The Company”” means “Brandbright Limited” (“We” or “Us” or “Our”).
2.7 “Site” means “The Company”’s web site www.brandbright.co.uk
3 WHEN THE CONTRACT IS FORMED
3.2 Once the credit card payment has been processed and, the full payment for the Items received, then “The Company” may send You email confirmation of Your order by way of acceptance to the email address You have provided in Your Order Form.
3.3 Your order will not be accepted if the Items is no longer available for sale or the credit card payment is not authorised or payment is not received.
3.4 We use 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.
4 THE PRICE
4.1 The Price payable for the Items that You order is as set out on the Site and as detailed on the Order Form
4.2 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.
4.3 All payments must be made in pounds Sterling.
4.4 VAT is charged at the current rate, when applicable to either item, or shipping address. “The Company” Vat number is GB322443687
4.5 “The Company”. reserves the right to change the prices at any time without notice. DELIVERY Upon delivery if any goods are damaged, “The Company”. requires that the shipment is refused for delivery. Please contact “The Company” immediately.
Once goods are accepted for delivery you the customer has accepted that the goods are “in good condition”.
Goods that are requested to be left at a location without a signature are left at solely the customers own risk.
Goods lost or damages 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.
Carriage charges incurred by “The Company”. 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.
Returning goods – If you are not satisfied with the goods in any way please contact “The Company”.
All goods must be returned intact no later than 14 working days from delivery. Any carriage cost is the responsibility of the customer. “The Company”. accepts no responsibility for failure of delivery due to circumstances beyond our control.
In compliance with current EU law 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 “The Company” of such cancellation by email. The goods ordered must be returned suitably packaged and insured against loss and/or damage and the Purchaser shall be refunded in full the purchase price of the order.
7.1 We reserve the right to cancel the Contract between Us if the Items is no longer available for sale by the Supplier.
7.2 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.
8 COLOUR ACCURACY
8.1 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.
9 COPYRIGHT AND MORAL RIGHT
9.1 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.
9.2 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.
10 LIABILITY OF “The Company” AND / OR THE SUPPLIER
10.1 If the Items is delivered damaged or defective then neither 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.
10.2 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 Supplier’s only obligation will be to refund to You the amount paid by You for the Items.
10.3 “The Company” will not be liable to You for any indirect or consequential loss or damage arising out of any such occurrence and “The Company” 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.
10.5 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 Itemss to You. No representations are made by “The Company” as to this and no liability is accepted in respect of the export or import of the Items You purchase.
10.6 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.
11.1 Unless otherwise expressly stated in these Terms or agreed, all notices from You to Us must be sent by email to Us at firstname.lastname@example.org and all notices from Us to You will be displayed on the Web Site from time to time or emailed to you directly.
12 EVENTS BEYOND OUR CONTROL
12.1 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.
13.1 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.
14 PRIVACY AND LEGAL NOTICE
15 THIRD PARTY RIGHTS
15.1 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.
16 GOVERNING LAW
16.1 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.
17 ENTIRE AGREEMENT