TERMS
AND CONDITIONS
These terms and conditions shall apply to all contracts for goods sold ("Goods") by Bri-Luxe Ltd, a company registered in Scotland under Company number: SC284453 and having its registered office at c/o Wagner Associates Ltd, 34 West George Street, Glasgow, G2 1DE (the "Company", "we", "us" or "our") and purchased by any customer (the "Customer", "you", "your") from our website www.bri-luxe.co.uk ("our Site").
Please read these terms and conditions carefully before ordering any Goods from our Site. You should understand that by ordering any of our Goods, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Our Site is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside the United Kingdom nor do we deliver Goods to people outside the United Kingdom.
Please tick the "Yes, I accept the terms and conditions" checkbox to indicate that you accept these terms and conditions before ordering via PayPal.
1. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
1.1 After placing an order via our Site, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Goods. All orders are subject to acceptance by us, and we 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 us (Contract) will only be formed when we send you the Dispatch Confirmation.
1.2 The Contract will relate only to those Goods whose dispatch we have confirmed in the Dispatch Confirmation. We 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.
1.3 The Company reserves the right to refuse to accept any order that is deemed to be contrary to the Company's policies in force at the time. The Company reserves the right (without prejudice to any other remedy) to cancel any uncompleted order or to suspend delivery in the event of any of the Customer's commitments to the Company not being met.
2. PRICING and PAYMENTS
All prices shown on our Site, or on quotations offered by us, are based upon the acceptance of these terms and conditions.
2.1 All prices are in pounds sterling and are exclusive of Value Added Tax (VAT), and exclusive of delivery costs. VAT will be charged at the rate applying at the time of delivery.
2.2 The price of any Goods will be as quoted on our Site from time to time, except in the case of obvious error. Our Site contains a number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price of the Goods is less than our stated price, we 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 our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection. We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have 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.
2.3 We reserve the right to re-issue our price list at any time and to refuse to accept orders at a price other than at the price stated on the price list in force at the time of order. Notwithstanding clause 2.4, changes to the price will not affect orders in respect of which we have sent you a Dispatch Confirmation.
2.4 We reserve the right to increase the price of Goods agreed to be sold in proportion to any increase of costs to the Company between the date of acceptance of the order and the date of delivery or where the increase is due to any act or default of the Customer, including the cancellation or rescheduling by the Customer of part of any order.
2.5 Payment for all Goods must be made via PayPal.
2.6 Any charges incurred in making the payment, either currency conversion or otherwise shall be paid by you.
3. DELIVERY
3.1 All delivery times offered by us are to be treated as estimates only and we accept no liability for non-compliance with the estimated delivery times.
3.2 We shall arrange delivery of the Goods using a courier service of our choice. The cost of the delivery plus a nominal fee for administration will be added to the invoice issued with the order for the Goods.
3.3 If multiple shipments are requested by you, multiple delivery charges will be made. In the case of multiple deliveries separate invoices will be raised.
3.4 You accept that any 'to be advised' scheduled orders not completed within twelve months from the date of acceptance of the original order, or orders held up by your lack of action regarding delivery, can be shipped and invoiced by us and are to be paid in full by you, immediately after completion of that twelve month period.
4. CONSUMER RIGHTS
4.1 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 our refunds policy (set out in clause 6 below).
4.2 To cancel a Contract, the consumer must inform us 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, we may have a right of action against you for compensation.
5. CANCELLATION
5.1 Subject to clause 4.1, the Customer may not cancel the order unless a request for cancellation is made by the Customer in writing to the Company and the Company agrees to the cancellation in writing.
5.2 Without prejudice to any other rights and remedies under the Contract, the Company may suspend or cancel the order by written notice to the Customer if the Customer fails to pay the Company any money when due under any circumstances or the Customer becomes insolvent, or the Customer fails to honour their obligations under the Contract.
6. OUR REFUNDS POLICY
6.1 When you return Goods to us:
6.1.1 because you have cancelled the Contract between us within the seven working days cooling-off period (see clause 4.1 above), we 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, we will refund the price of the Goods in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
6.1.2 for any other reason (including following cancellation of the Contract in accordance with clause 5 or because you claim that the Goods are defective), you should follow the return material authorisation process (the "Return Material Authorisation Process") as set out on our Site. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Goods. The price paid for any Goods properly 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 us.
6.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
7. INSURANCE
7.1 All shipments from the Company are insured by them. If any Goods received by the Customer are in an unsatisfactory condition (on a reasonable assessment by the Customer), the following courses of action shall be taken:
7.1.1 if the outer packaging is visibly damaged, then the Goods should not be accepted from the courier, or they should be accepted only after noting that the packaging has sustained damage;
7.1.2 if the Goods are found to be damaged after unpacking, the Company must be informed immediately;
7.1.3 under no circumstances should the damaged Goods be returned, except in accordance with the Return Material Authorisation Process;
7.1.4 if the damage is not reported within 48 hours of receipt, the insurers of the Company or the Company shall bear no liability.
8. WARRANTY
8.1 By placing an order through our Site, you warrant that:
8.1.1 You are legally capable of entering into binding contracts;
8.1.2 You are at least 18 years old;
8.1.3 You are resident in the United Kingdom; and
8.1.4 You are accessing our Site from the United Kingdom.
8.2 The Company warrants that the Goods comply with the description issued on the Company's order confirmation form and that they are free from material defect at the time of delivery.
8.3 For the avoidance of doubt, faults incurred by abuse of the product (including attempted repair or alteration of the Goods by the Customer or a third party) are not covered by the warranty.
8.4 The Company's maximum liability shall not exceed and the Customer's remedy is limited to (at the Company's option), either:
8.4.1 repair or replacement of the defective Goods or part of them; and
8.4.2 return of the Goods and refund of the purchase price, and any such remedy shall be the Customer's entire and exclusive remedy.
8.5 To the extent permitted by law, the Company gives no other warranty (and excludes any warranty, term or condition that would otherwise be implied) as to the quality of the Goods or their fitness for any purpose.
8.6 All specifications, drawings and particulars of weights and dimensions are approximate (unless otherwise stated). The Company warrants for a period of twenty four months following the date of the Dispatch Confirmation against parts and defective workmanship unless otherwise agreed in writing.
8.7 If the Customer believes the Company has delivered Goods that are defective in materials or workmanship, the Customer must:
8.7.1 inform the Company in writing, with full details of the fault, as soon as possible and in accordance with the Return Material Authorisation Process as set out on our Site; and
8.7.2 allow the Company to investigate the fault. .
8.8 If the Company elects to repair or replace the Goods, the faulty Goods shall be returned to the Company by the Customer and the repaired or replacement Goods provided to the Customer as soon as reasonably practicable.
8.9 After warranty repair or replacement, Goods will be returned to the Customer carriage paid by the Company using their preferred method.
9. PASSING OF RISK AND TITLE
9.1 The passing of risk to the Customer for any Goods shall occur at the time of delivery.
9.2 Ownership of the Goods shall not pass to the Customer until payment for the Goods (including delivery charges) has been received in full by theCompany.
10. INTELLECTUAL PROPERTY
10.1 For the purposes of the Contract, "intellectual property rights" shall mean intellectual property rights of whatever nature including patents, present and future copyright and related rights, database rights, design rights, trademarks, service marks, rights in trade names or domain names, rights in undisclosed or confidential information (such as know how, trade secrets and inventions) (whether patentable or not) and all other rights of a like nature (whether registered or unregistered) as may exist anywhere in the world and, where the context so admits, all applications for such rights and the right to apply for the registration of such rights.
10.2 All intellectual property rights in any Goods, hardware, software, firmware, specifications, plans, drawings, process information, patterns or designs used by the Company in connection with the Contract shall remain the property of the Company or its third party licensors, and any information derived there from or otherwise communicated to the Customer in connection with the Contract shall be kept secret and shall not, without the consent in writing of the Company, be published or disclosed to any third party or made use of by the Customer except for the purpose of implementing the Contract or where such information is in the public domain or disclosure is required by law or any recognised stock exchange.
11. OUR LIABILITY
11.1 Subject to clause 14.2, our liability for losses you suffer as a result of us breaching the terms and conditions of the Contract is strictly limited to the purchase price of the Goods you purchased.
11.2 This does not limit in any way our liability:
11.2.1 for death or personal injury caused by our negligence;
11.2.2 under section 2(3) of the Consumer Protection Act 1987;
11.2.3 for fraud or fraudulent misrepresentation; or
11.2.4 for any matter for which it would be illegal for us to exclude or limit, or attempt to exclude or limit, our liability.
11.3 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
11.3.1 loss of income or revenue
11.3.2 loss of business
11.3.3 loss of profits or contracts
11.3.4 loss of anticipated savings
11.3.5 loss of data
11.3.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;
11.3.7 provided that this clause 11.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 8.1 or any other claims for direct financial loss that are not excluded by any of the provisions of clause 11.3.1 to 11.3.7.
11.4 Where you buy any Goods from a third party seller through our Site, the seller's individual liability will be set out in the seller's terms and conditions.
12. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
12.1 We have the right to revise and amend these terms and conditions from time to time.
12.2 You will be subject to the policies and terms and conditions in force at the time that you order Goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Goods).
12.3 No addition to or variation of these conditions will bind the Company, unless it is specifically agreed in writing and signed by a director or secretary of the Company. No a
gent or person employed by or under contract with the Company has the authority to alter or vary these conditions in any way.
13. FORCE MAJEURE
13.1 If performance of the contract by the Company shall be delayed by any circumstances or conditions beyond the control of the Company including (but without prejudice to the generality of the foregoing) any war, strike, lockout, riot, malicious damage, fire, storm, flood, Act of God, accident, failure of production equipment, any statute, rule, byelaw, order, regulation or requisition made or issued by any government department, local or other duly constituted authority, then the Company shall have the right to suspend further performance of the contract until such time as the cause of delay shall no longer be present.
13.2 If performance of the Contract by the Company shall be delayed by any such circumstances or conditions beyond the control of the Company for a period of three months, then the Company shall have the right to be discharged from further performance of and liability under the Contract.
14. SEVERABILITY
14.1 If any part of these terms and conditions is found to be illegal, void or unenforceable for any reason, then such clause or section shall be severable from the remaining clauses and sections of these terms and conditions which shall remain in force.
14.2 Each order received by the Company will be deemed to form a separate Contract to which these terms and conditions apply and any waiver or any act of non-enforcement or variation of these terms and conditions or part thereof shall not bind or prejudice the Company in relation to any other contract.
15. NOTICES
Any notice to be given hereunder shall be in writing and shall be deemed to have been duly given if sent or delivered to the party concerned at its address specified on the Dispatch Confirmation or such other addresses as that party may from time to time notify in writing and shall be deemed to have been served, if sent by post, 48 hours after posting.
16. Entire agreement
These terms and conditions together with the relevant order form and the documents referred to in these terms and conditions constitute the entire agreement in respect of its subject matter.
17. GOVERNING LAW
These terms and conditions and performance of both parties shall be governed by Scots law and any disputes under this Contract shall be subject to the exclusive jurisdiction of the Scottish courts.
