Terms and Conditions: Online sales of Goods
IMPORTANT: PLEASE READ
WE DRAW YOUR ATTENTION TO THESE TERMS AND CONDITIONS WHICH APPLY WHENEVER YOU BUY GOODS FROM US ONLINE. PLEASE READ THEM VERY CAREFULLY BEFORE YOU PROCEED TO MAKE YOUR PURCHASE BECAUSE THEY EXPLAIN IMPORTANT INFORMATION ABOUT THE BASIS ON WHICH WE WILL SELL GOODS TO YOU.
BY PLACING AN ORDER YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
YOU SHOULD PRINT AND KEEP A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
In these Terms:
"Website" means Our website at www.brasher.co.uk
"Goods" means the goods which We will supply to You in accordance with these Terms and Conditions.
"Order" means an order which You place with Us detailing the Goods You wish to buy from Us.
"We/Us/Our" means Blacks Outdoor Retail Limited (company number 7795258) (t/a "Brasher") of Hollinsbrook Way, Pilsworth, Bury, Lancashire, BL9 8RR.
"You/Your" means you, the person using Our Website and/or buying Goods from Us.
1. HOW THESE TERMS AND CONDITIONS APPLY
1.1 The Terms in Section A explain how Our Website must be used. They apply to ALL users of the Website. Section B also applies when You buy Goods using the Website. We may amend the Terms from time to time and You are advised to check them regularly for any changes which We make.
Section A: Terms of Website Use
2. ABOUT THIS WEBSITE
2.1 This Website is operated by Blacks Outdoor Retail Limited t/a "Brasher", a company registered in England and Wales with Company Number 7795258. Our registered office is Hollinsbrook Way, Pilsworth, Bury, Lancashire, BL9 8RR and our VAT registration number is 787440102.
2.2 This Website is aimed at people who are consumers. The information on this Website is in English, all communications shall be in English and the Website is designed to comply with English law. You may be viewing the Website in a market in which We do not commonly sell our Goods and We cannot be held responsible for non-compliance with any local advertising or other laws in relation to this Website or its contents. We may restrict access to some parts of the Website to users who have registered with Us.
3. OUR RIGHTS IN THE WEBSITE
The copyright and other ownership rights (known as "Intellectual Property Rights") in this Website and its contents (including design, text, logos, trade names, graphics, software and any other material) are owned by Us or Our licensors. You must not Yourself or allow anyone else to publish, copy, distribute or modify any of the content of this Website. Anyone may view this Website and print pages from it for personal use only, for browsing Our products and placing an Order with Us. Any other use is strictly prohibited without Our prior written consent. You must not make any copy of any material from the Website for any business related use whatsoever.
You must not in any way copy, reproduce or use any trademarks, logos or brand names which appear on the Website. Linking to Our Website on other websites is at Our discretion and We may require that You stop providing links to Our Website at any time.
We may use any information which You upload to Our Website as We decide and We may also disclose that information to a third party.
4. WEBSITE CONTENT
We have taken great care in compiling this Website but neither We nor Our directors, employees or other representatives or any other companies within Our group of companies will be responsible for any damages, losses or costs however they arise as a result of Your use of or reliance on the Website. Although We aim to provide information which is accurate and up to date, We do not guarantee to do so. You are responsible for making sure that Your reliance on this Website is suitable for Your own purposes and the information which We provide is not intended to be advice which You should rely on. The information contained on this Website is provided on an "AS IS" basis and We exclude all warranties and representations of any kind with respect to this Website and its contents to the fullest extent which the law allows.
We may change, remove or in any other way adapt the content of Our Website at any time and without advance notice.
We may provide links to other websites. If We do this, those links are provided for Your convenience only and We cannot be responsible for the content or availability of those websites or Your use of them.
We do not guarantee that this Website will always be available or be free from error, virus or similar.
We are under a legal duty to supply Goods that are in conformity with the contract and We aim to ensure that the product images on Our Website are as accurate as possible but there may be slight colour variations between the Goods and the images shown online.
5. HOW YOU MUST USE THIS WEBSITE
Submissions or comments which are in any way defamatory, abusive, obscene, unlawful, sexist, racist or which may in any way cause offence to any person are strictly prohibited. You must not use any abusive language, be aggressive, swear, threaten, harass or abuse any other person including but not limited to other users of this Website.
All information which You submit should be accurate, truthful and should not be copied.
You must use Your own identity at all times when using the Website and should ensure that all information which You provide is accurate and up to date to the best of Your knowledge. You must not use information about any other person unless You have their permission to do so.
You must not corrupt the Website, flood it with information causing it to malfunction or use any features which may affect the Website such as any worms, viruses or similar harmful elements. The use of spam (that is, multiple, unsolicited or undesired bulk e-mails) is also forbidden.
We will not be liable for any loss or damage which You suffer as a result of any harmful material infecting Your computer, data or other material due to Your use of Our Website.
If You have a password as part of Our security procedures, You must treat that information as confidential and must not disclose it to anyone.
We may refuse access to this Website to anyone who does not comply with these Terms.
Section B: Terms of Sale
6. OUR AGREEMENT FOR THE SALE OF GOODS AND THE ORDERING PROCESS
6.1 The Website displays Goods which are advertised for sale and gives information about them. By advertising Goods on the Website, We are inviting You to place an Order with Us. If You place an Order, We are not obliged to accept that Order and the Contract between Us will only be formed if and when We accept Your Order. Neither submitting an electronic order form, nor completing the checkout process constitutes Our acceptance of Your Order. Our acceptance of Your order and the formation of a binding contract between You and Us will take place when We dispatch the Goods to You. Up until this point, there will be no contract in place between You and Us, which means that neither You nor We will have any rights against or obligations towards the other (i.e. these Terms will not apply to Your order until We accept Your contract by dispatching the Goods). You may include any number of items within a single Order, subject to any restrictions set out in these Terms or on the Website and each Order which You place will be a separate Contract between Us. We reserve the right to refuse to supply Goods to any person.
6.2 Any terms and conditions appearing or referred to in the Order or otherwise stipulated by You shall have no effect. Any variation of the Contract must be confirmed in writing by Us.
6.3 The following paragraphs explain the process which You will need to go through to place an Order and how the Contract for the sale of Goods between us will be formed. This section also explains important information about payment and delivery.
Step 1 - Choosing Your Goods
You can select a product for purchase by clicking on the item which You are interested in and then clicking on "Add to Basket".
Step 2 –Reviewing Your Basket
You can review the products which You have added to Your basket. You can change the contents of Your basket by amending the quantity of Goods You want to order (which may be subject to a maximum number of items, per size from time to time), removing any unwanted items by clicking 'Delete' and viewing the basket total value. You can also enter any voucher code which You may have. Entering a valid voucher code and clicking 'Apply' will update the basket total. You can then continue shopping and adding to Your basket if You wish or if You don't want to buy anything else, go straight to the next step.
Step 3 – Going to Checkout
Once You have finished shopping, You will then be asked to choose Your delivery options. Once You have done this, You should select 'Proceed to Secure Checkout' or, alternatively, You can choose to pay with PayPal at this stage by clicking on the PayPal link.
Step 4 – Completing Your Billing & Delivery Address
If You are an existing Customer and You have already logged in, the billing address details You have previously entered will now appear. If You are not logged in, or if this is Your first visit, You will be asked to enter Your billing address. You will then be asked to enter Your delivery address. You have the option of selecting the same address as Your billing address. You then have the option to review Your delivery option at this point. You must provide us with the correct address details. We will not be liable for any delay to or failure of delivery as a result of Your failure to provide accurate address details. If You are happy that You have entered Your details correctly, You can proceed by clicking on 'Continue Securely'.
Step 5 – Entering Your Payment Details
You will then need to enter Your payment details. Please check this information very carefully. If You are logged in as an existing customer and you have previously saved Your payment details, they will appear here. If you want to check Your Order, Your Order summary page will be in the right hand corner. This includes details of the Goods in Your Order. You should check the details at this stage very carefully as this is the final stage in the Order process at which You can correct any mistakes or change the Goods which You want to Order. You can do this by returning to the home page and completing the process set out above again. If You are happy with Your Order, click 'Continue Securely'.
Step 6 – Placing Your Order
By clicking on 'Place Order & Pay', You are confirming that You have read, these Terms and that you accept that these Terms apply to Your contract with Us. At this point Your details will be submitted to Us.
Step 7 – Order Acknowledgement
Once We have received confirmation that Your payment has been authorised, a screen will appear, thanking You for Your Order. You will be given an Order reference and an e-mail will be sent to You to acknowledge Your Order. It will confirm the Goods, price and any delivery charge. Print a copy of the Order acknowledgment and e-mail and keep them for Your records. Please note, Our acceptance of Your Order (regardless of the content of any emails We send You) will only take place when we despatch Your Order.
6.4 We may refuse Your Order or cancel Your Order if We decide it is reasonable to do so which may include circumstances where:
6.4.1 We are unable to obtain authorised payment or the payment process is incomplete; or
6.4.2 We identify a product or pricing error on the Website; or
6.4.3 You fail to meet any criteria for eligibility of purchase which We may impose from time to time; or
6.4.4 We suspect that Your Order is related to fraudulent activity; or
6.4.5 You fail to submit all necessary and relevant details to allow Us to fulfil the Order; or
6.4.6 Goods are unavailable or out of stock.
6.5 We may contact You by telephone or email to verify details before We are able to process and despatch Your Order or We may be unable to accept it. For example, We may do this if Your Order is of particularly high value.
6.6 The Goods shown for sale on this Website are intended for private, consumer use and You must not resell Goods or offer them as a commercial enterprise. We reserve the right to limit the total value of Goods which can be included in an Order. If the total value of Goods in Your bag exceeds the limit which We may choose from time to time, then We will contact You.
7. PRICE AND PAYMENT
7.1 Prices and delivery charges are as published on the Website when We accept Your Order. Prices include VAT and are in pounds sterling. Delivery charges are shown separately. All applicable delivery charges are as stated on the Website at the time You place Your Order. The delivery charge for the Order is shown on the shopping basket page below Your chosen items. This means that if You order more than one item, there is no delivery charge for the additional items.
7.2 We may amend prices at any time. Where there is a difference between a price at the time the Order is made and when We ship Your Order, We will inform You by email or telephone and ask You if You wish to proceed. If You decline and for any reason payment has already been taken, it will be re-credited to Your credit or debit account.
7.3 Offers and promotions on the Website are subject to availability and We may change or withdraw them at any time and without notice. Nothing shall oblige Us to maintain offers or promotions for any period. Additional terms may apply, details of which will be displayed.
7.4 We must receive payment for the Goods in full before they are dispatched.
7.5 We accept payment via PayPal and most major credit and debit cards including Visa, MasterCard, Maestro and American Express. You must only use a card if You are the named cardholder. By placing an Order, You confirm that You are the authorised cardholder. All credit and charge card holders are subject to validation and security checks as well as authorisation by the card issuer and any additional terms imposed by the issuer. If the issuer does not authorise payment, We will not accept Your Order and will not be liable for any delay or non-delivery.
7.6 Your card provider may charge You for using You card on our Website. Please check the terms and conditions with Your card provider carefully and in advance of submitting Your payment details.
7.7 If We do not have sufficient stock of Goods, We will notify You by e-mail or telephone and Your credit or debit card transaction will be cancelled or refunded. We will do this as soon as possible and by no later than 30 (thirty) days from the due delivery date. We will not be responsible for any compensation if Goods which You order are not available for any reason.
If You Change Your Mind
8.1 You have a legal right to cancel the Contract (subject to certain exceptions such as goods that have been personalised to your requirements) for any reason at any time within 14 (fourteen) working days of the day after You receive the Goods e.g. the last item of your order. This is the legal "cancellation period".
8.2 You can cancel by sending Us the cancellation form provided or by letting Us know in any other way by post to Millets Internet, Hollinsbrook Way, Pilsworth, Bury, Lancashire, BL9 8RR; by e-mail to email@example.com; or over the phone on 0161 393 7060. You should keep evidence of having given notice of cancellation, such as an e-mail receipt or fax confirmation report.
8.2.1 If you simply want to exchange the Goods you have ordered, you must do so within 28 (twenty-eight) days of the day after You receive the Goods.
8.3 You must return the Goods to Us (at Your own risk and cost) within 14 days of notifying Us that You wish to cancel by returning them to any Millets, Blacks or Ultimate Outdoors store along with the delivery note as proof of purchase or using the paid for services We offer via Myhermes. For details of all returns options please visit http://www.brasher.co.uk/returns-policy.
8.4 The Goods must be returned unused with the original packaging.
8.5 If the nature of the Goods means that You cannot return them by post, You will be responsible for the cost of couriering the Goods to Us; if You contact Customer Services We will try to provide You with an estimate of the courier cost. .
8.6 We will ordinarily refund the full purchase price together with the standard delivery charge paid within 14 days of receiving the returned Goods or proof of postage of the same. If You chose to pay extra for express delivery, We will only refund the cost of standard delivery. Please note though that if You want to return only some items but keep the rest of Your Order, You may not be entitled to a refund of the delivery charge.
If Things Go Wrong
8.7 You must take care of the products before You return them to Us. We may reduce the amount We refund to You if You use them, damage them or otherwise do something beyond what is reasonably necessary to examine them and which reduces their resale value.
8.8 You do not have the legal right to cancel any Goods which have been personalised to Your requirements.
8.9 If You simply want to exchange the Goods You have ordered, You can do so within 28 (twenty-eight) days of the day after You receive the Goods.
8.10 We warrant that the Goods which We supply are of satisfactory quality and are fit for the purpose for which Goods of that nature are commonly supplied..
8.11 If You return Goods to Us, within 30 days of receiving the Goods, for a reason other than if You change Your mind, We will inspect the Goods and either replace them (where possible) or refund the full purchase price for the Goods if We accept that there is a manufacturing defect or other fault in the Goods. If You return Goods to Us after the expiry of the 30 day period following receipt of the Goods, We will replace the Goods (where possible). If an exact replacement is not possible, We will offer You the choice of an alternative similar product or a refund. It may also be possible for us to carry out a repair in certain circumstances. Please ensure that it is clear to Us that You believe the Goods to be faulty and that You would You like a refund, replacement or repair (as applicable).
8.12 We will replace the Goods or refund You provided that the defect or fault is not caused by usual wear and tear, damage caused deliberately or accidentally, Your negligence or if You fail to follow product instructions or if the Goods have been misused, altered or repaired without Our approval. Any refund will also include any delivery charges which You have paid and Your cost of returning the Goods to Us. If We do not find any fault or defect then Your cancellation and refund rights are limited to those set out in Clauses 8.1 to 8.9 above although this does not affect Your legal rights. By law customers have certain rights in respect of Goods and services that cannot be excluded, and nothing in these Terms will affect these legal rights. Subject to Clause 9 below, the remedy in this Clause 8.12 represents our entire liability to You for any claim in respect of the Goods which the law provides, in so far as We are permitted to limit Our liability to You.
8.13 If You believe that Goods have a defect then You should not make any further use of them before returning them to Us.
8.14 If You wish to return Goods in accordance with Clauses 8.11 to 8.13 above You may either:
8.14.1 return the Goods to Us to the returns address in Clause 8.3; OR
8.14.2 All orders can be returned in store, just take your despatch note and the goods you want to return, and the store team will be happy to assist you.
- If you've paid using a credit/debit card, a refund/exchange will be processed at the till point provided it meets the conditions of our returns policy.
- If you've paid using PayPal or Apple Pay, we'll send your order back to our distribution centre on your behalf so the transaction can be reversed, or your order can be exchanged and resent back out to you.
8.15 We will aim to process Your refund or replace the Goods as soon as possible but will do so within 14(fourteen) days of Us agreeing to provide You with a refund or replacement. If You have paid using a credit or debit card and if You choose to return Goods to one of Our stores, any refund or replacement due may be made at that time except that any delivery charge refunds which are due will be processed separately. We reserve the right to send any Goods which You claim are faulty to Our inspections team.
8.16 Whenever You return Goods to Us because You believe they are faulty, We ask that Goods are returned to Us, either by recorded delivery or courier so that You have proof of posting. We will not be responsible for Goods which are lost or damaged in the post
9. OUR LIABILITY
9.1 Nothing in the contract or elsewhere will exclude or limit our liability for death or personal injury caused by our negligence or anyacts or omissions by us or any liability for fraudulent misrepresentation or fraud or liability which we are responsible for in relation to consumer protection rights or for any other matters which it would be illegal for us to exclude. your legal rights are not affected.
9.2 Some of the items which We offer for sale are fashion items and may not be suitable for sports or other activities. You should therefore satisfy Yourself that items are suitable for the type of sports activity that You wish to use them for.
9.3 As We are entering a contract with You as a consumer, We will not be liable for any business losses that You may suffer as a result of Us breaching this contract. For example, We will not be liable for loss of profits of loss of income.
10.1 We aim to deliver the Goods within the indicative timescales shown on Our Website. References to "working day" shall mean any day of the week excluding Sundays and Bank Holidays. However, time is not of the essence for delivery or performance which means that We will not be responsible if Goods are delivered outside those times and We will not be liable for the consequences of any delay. If We are unable to deliver the Goods within the indicated timescale, We shall use reasonable efforts to tell You this by e-mail and give an amended delivery time. Our liability to You is capped at the limits set out in Clause 9.2 above.
10.2 If Goods are out of stock then We will let You know by e-mail If You Order more than one product, We do not guarantee that all Goods will be delivered to You in one delivery and We reserve the right to deliver in multiple consignments.
10.3 If You Order more than one product, We do not guarantee that all Goods will be delivered to You in one delivery and We reserve the right to deliver in multiple consignments.
10.4 Ownership of the Goods will only pass to You upon despatch of the Goods. The Goods will be at Your risk from the time of delivery and You should therefore take reasonable care of them.
10.5 If the Goods or quantity of Goods which You receive are not as You ordered then You should inform us by telephone, email or letter using the contact details set out at clause 9.2 as soon as possible after You receive the Goods. We will make good any error. We will also reimburse You for any delivery costs which You incur in sending the incorrect Goods back to us. You should not use any Goods which You receive in error and intend to return to Us. Where We have delivered a larger number of products than You have ordered, You will have the right to reject the surplus Goods or to accept all of the Goods that have been delivered. If You choose to accept the additional Goods, We will be entitled to charge You for the additional Goods at the appropriate price..
10.6 Goods will be delivered to the address which You provide in the Order process however delivery practices may vary depending on which carrier is delivering the Goods. You must provide a valid address for delivery. The delivery method which We use may vary depending on the nature and number of the Goods. We shall select what We think is the most appropriate delivery method for the Goods. For further information on deliveries please see Delivery Info.
10.7 We reserve the right to make alternative arrangements for delivery, which will depend upon the carrier We use to deliver the Goods. The may include leaving the Goods with a neighbour or in a safe place in or around Your property.
10.8 If the Goods are not delivered on the date expected You should notify us of such non-delivery within 30 days of such failure of delivery.
10.9 As a result of various international carrier restrictions, certain products We sell are not eligible for international delivery. This will either be detailed in the item product description, at the checkout stage when You add such items to Your basket or, in limited circumstances, We may have to cancel Your Order and issue You with a full refund.
11. OUR RIGHTS IN THE GOODS
All ownership rights known as intellectual property rights in the Goods including all designs, trade marks, brand names, images and logos are and shall remain Our property or those of Our licensors. At no time shall any rights, title or interest in the intellectual property rights pass to You.
12.1 We will not be in any way responsible to You for a failure to sell Goods which You wish to buy or otherwise for a failure to comply with Our obligations under the Contract or any costs or liabilities which You incur as a result of any circumstances beyond Our reasonable control including but not limited to any act of God, flood, fire, trade dispute, lack of third party materials or services or terrorist acts.
12.2 The Contract between You and Us is personal and binding. You may not transfer or assign Your rights or obligations under the Contract to another person without Our express agreement. There may be circumstances where we need to assign Our rights and obligations under the Contract or appoint third parties to assist Us in performing Our obligations under the contract and We may do this at any time provided that this will not reduce Our obligations to You.
12.3 If any of these terms is found in any way to be void by a Court or other competent authority then that terms will not apply to Our contract with You but all other terms will continue to apply.
12.4 We may not always strictly or immediately enforce our legal rights against You but, unless We write to You and tell You that We have formally waived our right to do so (and this letter is signed by one of our directors), We will still be able to enforce any of our rights. Further, even if We waive a particular right, We will still be able to enforce any of our other rights against You..
12.5 This Contract is subject to English law and both We and You agree that any dispute arising under or connected to it will be decided by the English courts.
12.6 We may amend these Terms at any time and without notice to You. Any change will take effect immediately after being posted on the Website and will be deemed to be accepted by any person who uses the Website. Where You have already placed an Order which We have accepted, the Contract will remain subject to the version of the Terms which were in place at the time at which You placed Your Order.
12.7 Nothing in these Terms seeks to exclude or limit any rights available under applicable law which cannot be excluded or limited. This means that these Terms will not change any rights which the law grants to You which that law does not allow Us to change or limit. If you are unsure about your legal rights you should contact Citizens Advice or the Retail Ombudsman.
12.8 Any notice You send to Us will be deemed delivered as follows, depending on how You send it:
12.8.1 on the day on which it is left if You deliver the notice by hand; or
12.8.2 on the day on which it was posted if You post the notice as shown on proof of postage; or
12.8.3 on the day on which it is sent correctly if by fax or email;
and in each case it should be sent to the address set out at Clause 8.2.
12.9 Only We and You have rights under this contract. This means that no other person can enforce the terms of this contract or rely on the rights under it..
12.10 The Contract is the entire agreement and understanding between Us in respect of its subject matter and will supersede and replace any prior agreements, understandings or arrangements whether written or verbal. We each acknowledge that in entering into the Contract neither of us has relied on any representation or promise given by the other or implied from anything said or written other than as specifically set out in the Contract or on the Website. If You are uncertain as to Your rights under the Contract or you want any explanation about them please write to or email Our customer services department, at the address set out above.
12.11 We have a procedure for investigating complaints and for dealing with queries about Our Website. Please contact: