Terms of service
OVERVIEW
Welcome to Brinley's. The terms “we”, “us” and “our” refer to Brinley's, a UK sole trader business. Brinley's operates this online store and website, including all related information, content, features, tools, products and services provided to you, the customer.
These Terms of Service, together with any other policies or information referenced on our website, explain your rights and responsibilities when using our website and purchasing products from Brinley's.
Please read these Terms of Service carefully before using our website or placing an order. They contain important information about your rights, our responsibilities, and the terms that apply to purchases made through our store.
By accessing or using our website, or by placing an order with us, you agree to be bound by these Terms of Service and our other applicable policies, including our Privacy Policy and Returns and Refunds Policy.
Nothing in these Terms of Service affects your statutory rights as a consumer under UK law.
SECTION 1 – ACCESS AND ACCOUNT
By using our website and services, you confirm that you are legally able to enter into a contract under the laws of the United Kingdom.
When placing an order with Brinley's, you agree to provide accurate and complete information, including your name, email address, billing information, delivery address and any other information required to process your order.
You are responsible for ensuring that the information you provide is accurate and up to date. You are also responsible for keeping any account details and passwords associated with your account secure.
You must not use our website for any unlawful purpose or in any way that could damage, disable, overburden or impair our website or interfere with another person's use of it.
We reserve the right to refuse or cancel an order where we reasonably believe that the order has been placed fraudulently, unlawfully or in breach of these Terms of Service.
SECTION 2 – OUR PRODUCTS
We make every reasonable effort to ensure that the information, descriptions, images and prices of our products displayed on our website are accurate and up to date.
However, colours and the appearance of products may vary depending on your device or screen settings. Product images are provided for illustration and may not exactly represent the product received.
We reserve the right to correct any errors, inaccuracies or omissions and to update product information, prices and availability at any time without prior notice.
All products are subject to availability. If a product you have ordered becomes unavailable, we will contact you and, where appropriate, offer you a refund or other available option in accordance with your statutory rights.
Nothing in this section affects your legal rights as a consumer under UK law.
SECTION 3 – ORDERS
When you place an order through our website, you are making an offer to purchase the products in your order.
After you place an order, you will receive an order confirmation by email confirming that we have received your order. This confirmation does not necessarily mean that your order has been accepted.
A contract between you and Brinley's will be formed when we confirm acceptance of your order and accept payment for the products.
We may contact you if there is a problem with your order, including if a product is unavailable, there is an error in the product description or price, or we are unable to fulfil your order.
If we are unable to accept or fulfil an order, we will inform you as soon as reasonably possible and refund any payment you have made for products that we cannot supply.
You may cancel your order where you have a legal right to do so under UK consumer law and our Returns and Refunds Policy.
SECTION 4 – PRICES AND BILLING
All prices shown on our website are in pounds sterling (£) and are the prices applicable at the time you place your order.
Brinley's is a UK sole trader business and is not currently registered for VAT. VAT is therefore not charged separately on our products.
We reserve the right to change product prices, discounts and promotional offers at any time. Any price change will not affect an order that has already been accepted.
The price you pay will be clearly shown before you complete your purchase. Any applicable delivery charges will be shown separately during the checkout process.
We make every reasonable effort to ensure that product prices and information displayed on our website are accurate. If we discover an obvious error in the price of a product you have ordered, we will contact you as soon as reasonably possible and explain the error.
Payment must be made using the payment methods available at checkout. By placing an order, you confirm that the payment information you provide is accurate and that you are authorised to use the chosen payment method.
Nothing in these Terms of Service affects your statutory rights as a consumer under UK law.
SECTION 5 – SHIPPING AND DELIVERY
We will arrange delivery of your order to the delivery address provided at checkout.
Delivery options, estimated delivery times and any applicable delivery charges will be shown during the checkout process.
We aim to dispatch and deliver orders within the estimated timeframes provided. Delivery times are estimates and may be affected by circumstances outside our reasonable control.
If there is a significant delay with your order, we will contact you where reasonably possible and work with you to resolve the issue.
If an order cannot be delivered because the delivery information provided by you is incorrect or incomplete, we may contact you to arrange a suitable solution.
Nothing in these Terms of Service affects your statutory rights as a consumer under UK law.
Important: I've deliberately removed the original wording saying that Brinley's is not responsible for delivery delays and that risk passes to the customer when the parcel is handed to the carrier. For UK online sales, you shouldn't use a blanket term that tries to remove your legal responsibilities for delivery.
SECTION 6 – INTELLECTUAL PROPERTY
All content on the Brinley's website, including our name, logo, branding, original text, images, graphics, designs, videos and other original materials, is owned by or licensed to Brinley's and is protected by applicable intellectual property laws.
You may access and use our website for your personal and lawful purposes.
You must not copy, reproduce, modify, distribute, publish, sell or commercially exploit our original content, designs, images, branding or other materials without our prior written permission.
You must not use the Brinley's name, logo or branding in a way that suggests that you are connected with, endorsed by or authorised by Brinley's unless we have given you permission to do so.
Any third-party trademarks, brand names, images or other intellectual property appearing on our website remain the property of their respective owners.
Nothing in these Terms of Service transfers ownership of any intellectual property rights to you.
Nothing in these Terms of Service affects your statutory rights as a consumer under UK law.
SECTION 7 – OPTIONAL TOOLS
From time to time, our website may provide access to services or tools provided by third parties, including payment, delivery, reviews, analytics or other services that help us operate our store.
These third-party services are provided by their respective providers and may be subject to their own terms and conditions and privacy policies.
Where you use a third-party service through our website, you should review the relevant provider's terms and policies where appropriate.
We may add, remove or change third-party services or tools from time to time as our website and business develop.
Nothing in this section affects your statutory rights as a consumer under UK law.
SECTION 8 – THIRD-PARTY LINKS
Our website may contain links to websites or services operated by third parties.
These links are provided for your convenience only. We do not control or operate those third-party websites and are not responsible for their content, availability, security or privacy practices.
Where you use a third-party website or service through a link on our website, you do so at your own risk and should review that provider's terms and privacy policy before using their services.
We may add, remove or change third-party links from time to time as our website and business develop.
Nothing in this section affects your statutory rights as a consumer under UK law.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Brinley's uses Shopify to provide the online platform and technology that allows us to operate our website and sell products to customers.
However, Shopify is not the seller of the products offered through our website. Any purchase you make through our website is a transaction between you and Brinley's.
Brinley's is responsible for the products we sell, our pricing, order fulfilment, customer service, returns and refunds, subject to your statutory rights under UK law.
Shopify is not responsible for the products we sell or for the contract between you and Brinley's.
Nothing in these Terms of Service affects your statutory rights as a consumer under UK law.
SECTION 10 – PRIVACY POLICY
We collect and use personal information in accordance with our Privacy Policy.
Our Privacy Policy explains what personal information we collect, how we use it, how we protect it and your rights in relation to your personal information.
Our Privacy Policy can be viewed on our website.
Nothing in these Terms of Service affects your statutory rights as a consumer under UK law.
SECTION 11 – FEEDBACK
If you provide feedback, reviews, suggestions, ideas or other comments about our products or website, we may use that feedback to improve our products, services and website.
Where you choose to submit a review or other content for publication, you confirm that you have the right to provide it and that it does not infringe the rights of any other person.
We may use, reproduce, display or publish feedback or reviews you provide for the purposes of operating and promoting Brinley's, subject to applicable law.
We will not use your personal information in a way that is inconsistent with our Privacy Policy.
Nothing in this section affects your statutory rights as a consumer under UK law.
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SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our website or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product availability, shipping charges or estimated delivery times.
We reserve the right to correct any errors, inaccuracies or omissions and to update information where necessary.
If we identify an error that materially affects an order, we may contact you before fulfilling the order. If we are unable to fulfil the order as agreed, we may cancel the affected order and provide any refund that is required by law.
SECTION 13 – PROHIBITED USES
You may use our website only for lawful purposes and in accordance with these Terms of Service.
You must not use our website:
- for any unlawful, fraudulent or malicious purpose;
- to violate any applicable law or regulation;
- to infringe our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, threaten, defame or harm another person;
- to submit false, misleading or fraudulent information;
- to introduce viruses, malware or other harmful or malicious code;
- to interfere with or attempt to compromise the security or operation of our website;
- to collect or attempt to collect personal information about other users without lawful authority;
- to use automated systems, scraping tools or other methods to access or collect information from our website without our permission;
- to impersonate another person or business;
- to use our website in a way that could damage, disable, overburden or impair the website or interfere with another person's use of it; or
- to attempt to gain unauthorised access to any part of our website, systems or accounts.
We reserve the right to restrict or terminate access to our website where we reasonably believe that these Terms have been breached or that unlawful or harmful activity has occurred.
Nothing in this section affects your statutory rights as a consumer under UK law.
SECTION 14 – LIMITATION OF LIABILITY
Nothing in these Terms of Service excludes or limits any liability that cannot legally be excluded or limited under UK law.
We remain responsible for our legal obligations in relation to the products we sell, including where products are faulty, not as described, or otherwise fail to meet the requirements of applicable consumer law.
We are not responsible for losses that are not reasonably foreseeable or that are not caused by our breach of these Terms or our failure to meet our legal obligations.
Nothing in these Terms affects your statutory rights as a consumer under UK law.
SECTION 15 – TERMINATION
We may suspend or terminate your access to our website where you seriously or repeatedly breach these Terms of Service, engage in unlawful activity, or misuse our website.
Where reasonably practicable, we will notify you of the reason for any suspension or termination.
Termination of access to our website does not affect any rights or obligations that arose before termination.
Any provisions of these Terms that are intended to continue after termination will remain in effect.
Nothing in this section affects your statutory rights as a consumer under UK law.
SECTION 16 – DISCLAIMER OF WARRANTIES
Brinley's provides information on our website for general information purposes. While we aim to keep information accurate and up to date, we do not guarantee that all information on the website will always be complete, accurate or free from errors.
We do not exclude or limit any rights or protections you have under UK consumer law.
Our products are supplied in accordance with your statutory rights. Nothing in these Terms affects your legal rights if a product is faulty, not as described, not fit for purpose or otherwise does not meet the requirements of applicable consumer law.
We will take reasonable care to ensure that our website is available and operates properly, but we cannot guarantee that the website will always be uninterrupted or completely free from errors or technical issues.
Nothing in this section affects your statutory rights as a consumer under UK law.
SECTION 17 – LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits any liability that cannot legally be excluded or limited under UK law.
We remain responsible for our legal obligations in relation to the products we sell, including where products are faulty, not as described, not fit for purpose, or otherwise fail to meet the requirements of applicable consumer law.
We are not responsible for losses that are not reasonably foreseeable or that are not caused by our breach of these Terms or our failure to meet our legal obligations.
Nothing in these Terms affects your statutory rights as a consumer under UK law.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Brinley's 2, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defence of indemnified claims, including by providing relevant documents.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
A failure or delay by us to enforce any provision of these Terms of Service will not mean that we have waived our right to enforce that provision in the future.
These Terms of Service, together with our Privacy Policy, Refund Policy and any other policies or information referred to on our website, set out the main terms governing your use of our website and purchase of our products.
If any part of these Terms conflicts with your statutory rights as a consumer under UK law, your statutory rights will take priority.
Nothing in these Terms affects any rights or protections you have under applicable UK consumer law.
SECTION 21 – ASSIGNMENT
You may not transfer or assign these Terms of Service or your rights and obligations under them to another person without our prior written consent, except where permitted by law.
We may transfer or assign our rights and obligations under these Terms where reasonably necessary to operate or transfer our business, provided this does not reduce your rights as a consumer.
Nothing in this section affects your statutory rights as a consumer under UK law.
SECTION 22 – GOVERNING LAW
These Terms of Service and any separate agreements between you and Brinley’s shall be governed by and interpreted in accordance with the laws of England and Wales.
Any disputes will be dealt with by the courts of England and Wales, subject to your statutory rights as a consumer under UK law.
Nothing in this section affects any rights or protections you have under applicable UK consumer law.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 – CHANGES TO TERMS OF SERVICE
We may update these Terms of Service from time to time to reflect changes to our business, website, products, services or legal requirements.
The most current version of these Terms will be available on our website. Any changes will apply from the date they are posted, unless otherwise stated.
Changes to these Terms will not affect any rights you have already acquired under applicable UK consumer law.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@brinleys.co.uk
Our contact information is posted below:
Brinley's
info@brinleys.co.uk