1.1
Terms & Conditions of Sale :
Terms & Conditions Apply For All Retail, & Wholesale Sales :
Via Brikabrax UK & its Trading Partners.
Payment Options
eBay : PayPal & All Major Credit & Debit Cards
We Will Not Accept Cash Payments Via the Post.
: PayPal, PayPal - eCheque,
PayPal Debit / Credit Cards, Check Transfer or Postal Cheque.
(See 2.1)
Postage & Delivery:
UK Customers : Some Items MAY take Up To
14 Working Days to Arrive Depending On Location
Depending On Location
1.3
*Posted 1 to 10 Days After Payment depending on item sold & courier service used
*excluding Sunday
We Post All Items Monday to Friday Via Courier Services or
Royal Mail Postal Services.
(NOT SATURDAY, SUNDAY, or Bank / Public Holidays)
Contacting Us For Non-Delivery
Will Ether Be Holding it at a Depot or Will Try & Redeliver Your Item at a Different Date)
information provided to trace where your item is.
All Others Via a Proof of Posting Service : No exceptions are granted.
Customers please note for legal and business reasons we sometimes post items to you
via a recorded delivery "signed for" Insured service without notification or in the case for
Overseas Customers Sometimes via a Insured Airmail Postal Service, we do this to
ensure items arrive safely to our customers.
We Will NOT Issue Partial Refunds on any item sold :
So Please Do Not Ask.
sold - faulty items must be returned with all original packaging (if applicable) if you
have a problem or fault with your item/s contact us via brikabraxuk@gmail.com or via
the internet shop / selling platform you purchased your item.
We do not cover return postage costs on unwanted items.
AVAILABILITY
not process your order and will inform you of this via email and, if you have already
paid for the goods, refund you as soon as reasonably possible by way of refund to the
original method of payment and including refund of any relevant refundable delivery
cost charges.
We shall have no liability to you other than by way of refunding any and all monies paid
by you to us for the goods we cannot supply.
DELIVERY
that you nominate when you place the order. We do not deliver to addresses outside
the United Kingdom For Our Buy Direct Store & Some Items Listed For Sale Have
Limited or No International Post / Shipment Options.
Cancel The Sale Without Notification & Refund You Via The Payment Option You Used,
If Overseas Customer Sends Cheque Via Post For Item/s We Do Not Ship / Post Aboard
Then Cheque Sent Will Be Destroyed
See (2.1)
may be dispatched and arrive separately.
event within fourteen to twenty eight (14, to 28) days for UK,
(28, to 45) twenty eight to forty five days for Overseas of us sending you an order.
Dispatch’ email ; We shall use our reasonable efforts to ensure that new releases are
delivered on the advertised release date but we are under no obligation to do so.
Please note that release dates frequently change from the initially advertised release date.
the Consumer Rights Directive 2011/83/EC.
CONTRACT CREATION
confirmation from us by means of an ‘order dispatch’ email that confirms that the
goods you have ordered are being dispatched.
At that point (and not before), a contract
will come into existence between you and us, for the sale by us, of the ordered goods.
At any point up until then, we may decline to supply the goods to you.
from us in relation to each package dispatched and each dispatch shall be concluded
as a separate contract of sale between you and us.
PLACING AN ORDER : RETAIL OR WHOLESALE
‘make payment’ you shall have placed an order with us. You will be sent an ‘order
confirmation’ email detailing the goods you have ordered. Please note that this does
not mean that your order has been accepted or approved.
ACCEPTANCE OF YOUR ORDER
your offer to purchase goods from us. Our acceptance of the order will take place only
when we are ready to dispatch the goods that you ordered.
Nothing that we say or do
(including receiving payment from you in accordance with your offer) will amount to an
acceptance of that offer until we actually confirm that the goods are being dispatched.
We Do Not Recommend Sending Cash / Money Via the Post.
Cheque By Post.
of Returning Payment by Secured Postal Services)
Persons or Businesses in the UK or Outside the UK.
Failed Payments :
Cancel The Sale.
Cancelation of sale :
Will Not Post Outside The UK.
Customer Cancellation :
or Via the Selling Platform You Purchased the Item/s
We do not issue Partial Refunds, We Accept Returns.
2.5a: UK Based Customer Returns.
All UK Based Customers will be provided via email with an printable return address label (Printer Required)
Print & Attach Label to the package when returning item/s. Only on Receipt of the items will you receive a refund.
2.5b: International Based Customers Returns :
We Do Not Provide Return Address Labels for Customers Based Outside the UK Only on Receipt of the items will you receive a refund.
The item/s fault will be assessed before return postage costs are reimbursed.
If You Do Not Have Access to a Printer :
Customers Will Have Return Item Using a Tracked Carrier Service at Own Expense.
Brikabrax UK Pay Direct : Please Contact Us Direct : brikabraxuk@gmail.com or Via
PayPal.
Brikabrax Shop : Please Contact Us Direct : brikabraxuk@gmail.com or Via PayPal.
RISK: Risk of loss and damage of the goods passes to you on the date and time when the goods are delivered.
2.7
DELAYS: Where the supply of goods is delayed or prevented for reasons beyond our control we will be under no liability to you for such delay.
2.8
ORDER CANCELLATION
You may cancel your order at any time before it is processed by emailing brikabraxuk@gmail.com
If the goods have not been dispatched and we have sufficient time to prevent dispatch, we will not process payment or dispatch the goods. In the event that you cancel your order too late for us to prevent dispatch, or after the goods have already been dispatched, you can refuse to take delivery so that the ordered goods are returned to us and, provided that you have not opened or damaged the ordered goods, we will refund the price paid to the original method of payment.
You are entitled to cancel your contract of an order (under the Consumer Rights Directive 2011/83/EC) if you wish, provided that you return the goods to us no longer than fourteen (14) days after the day on which you receive the goods.
If you decide to cancel you should contact us via email at brikabraxuk@gmail.com to clearly advise us of your intention to cancel including details of the order you wish to cancel and your name and address.
You should return the goods to us and at your cost to :
Brikabrax UK
Returns Department
57 Cleveland Road,
Midanbury,
Southampton,
Hampshire,
England
SO18 2AF
You must take reasonable care of the goods while in your possession and such goods must be unused, returned in, or with, the original packaging and in the same condition as they were when received by you, including any security seals unbroken and any shrink-wrap still intact. Any activation codes that came with the goods must be intact and unused.
If, after contacting us to advise of your intention to cancel the order, you do not return the goods to us within the time frame detailed above, you will be deemed to have accepted the goods.
2.9
RETURN OF GOODS CARRIAGE
If you choose to return any goods to us (including under your right to cancel), we shall not be responsible for any loss or damage to the goods while in transit and, for this reason, we recommend that you use a recorded delivery service. If returned goods are lost or damaged in transit, we reserve the right to charge you (or not to refund any monies attributable to) for such loss or damage.
2.10
REFUNDS
Once the goods are returned to us we shall refund to you, by the method that you used to pay for the original transaction, the amount in relation to the goods which the cancellation rights apply and within fourteen (14) days from the date we received the goods at our warehouse / Head Office. This includes refunding the cost of delivery if you had paid any monies with regards to our least expensive standard delivery only. If you paid any delivery charges outside of our least expensive standard method of delivery, we shall not refund these costs. We may make a deduction from the refund for loss in value of any goods returned if the loss is the result of unnecessary handling by you.
2.11
WARRANTY
All goods purchased through the Website will correspond with their relevant description on the Website, and they will be of satisfactory quality and fit for non-commercial, domestic use. We do not make any other promises or warranties about the goods.
This warranty does not apply to any defect in the goods arising from (i) fair wear and tear, (ii) wilful damage, abnormal storage, accident, negligence by you or a third party, or (ii) if you fail to use or operate the goods in accordance with the usual usage for such goods or follow user instructions.
2.12
MANUFACTURER’S GUARANTEE
Some of the goods may come with a manufacturer’s guarantee. For details of the applicable terms and conditions, you should refer to the manufacturer’s guarantee which is supplied with the goods. A manufacturer’s guarantee is in addition to, and does not affect your statutory rights.
2.13
FAULTY AND DAMAGED GOODS
If you receive goods from us that are damaged upon delivery or have a manufacturer’s fault, you must email us at brikabraxuk@gmail.com including details of the order, the damage or fault and your name and address.
2.14
PASSWORD/ACCOUNT SECURITY
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Brikabrax UK shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
2.15
LIABILITY
Save in the case of death or personal injury due to the negligence of Brikabrax UK or where we have acted fraudulently, our total liability to you for any losses suffered by you will be limited to either the amount paid by you for the purchase of the relevant product, or to the provision of a replacement of the product concerned (where the original is returned to us).
Brikabrax UK accept no responsibility for any loss or damage caused by us (or our employees, agents or sub-contractors) where such loss is: (i) not a foreseeable result to both you and us (as at the time that you submit your order) of a breach of the relevant legal duty by us; (ii) related to a business; or, (iii) related to loss or damage to premises or property unless caused by our negligence or willful misconduct.
The above limitations on our liability do not affect your non-excludable statutory rights as a consumer.
You are responsible for the use of products that you obtain from us.
We exclude all liability to the extent permitted by law, for any costs, losses or damages resulting from or related to your use or attempted use of the products in countries outside the United Kingdom.
2.16
FORCE MAJEURE
Brikabrax UK shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control.
Except in respect of a payment obligation, neither of us will be liable to the other for any failure to perform any obligation owed to the other due to causes beyond its reasonable control, for example, industrial disputes, fire, storms, failings of the internet or public communications networks, lost or stolen parcels or technical difficulties.
2.17
INVALIDITY/SEVERANCE
If any part of these Website Terms is deemed unlawful, void or for any reason unenforceable (including any provision in which Brikabrax UK excludes its liability to you) then that provision shall be deemed to be severable from the Website Terms and shall not affect the validity and enforceability of any other part of the Website Terms.
2.18
WAIVER
No waiver by Brikabrax UK shall be construed as a waiver of any proceeding or succeeding breach of any provision.
2.19
OTHER LEGAL NOTICES
There may be legal notices on other areas of this Website which relate to your use of the Website, all of which will, together with these Website Terms govern your use of this Website.
2.20
COMPLAINTS
Brikabrax UK operates a complaints handling procedure
which is used to try to resolve disputes when they first arise.
If you have a complaint, please write to:
Customer Services Brikabrax UK,
57 Cleveland Road,
Midanbury,
Southampton,
Hampshire,
England
SO18 2AF
or email us at : csandinfo@brikabrax.co.uk
2.21
GOVERNING LAW
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any dispute between us. By accessing this Website you agree to submit to English law. All contracts and correspondence shall be concluded in English.
2.22
ENTIRE AGREEMENT
These Website Terms set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
2.23
You confirm that, in agreeing to accept the Website Terms you have not relied on any representation save insofar as the same has expressly been made a term of these Website Terms and you agree that you have no remedy in respect of any representation.
2.24
These Website Terms do not affect your statutory rights as a consumer within the United Kingdom.
2.25
UPDATES TO THE WEBSITE TERMS
Brikabrax UK / Brikabrax reserve the right to change the Website Terms at any time. Any such change shall take effect when posted on the Website and it is your responsibility to read the Website Terms on each occasion that you use the Website and your continued use by accessing, browsing, registering with, or placing an order on the Website, shall signify your acceptance to be bound by the then current Website Terms. If you do not agree to the Website Terms in their entirety you should not use the Website.
Feedback eBay & Amazon
Good Feedback is important to us as we strive to give our customers the best service
we can provide: If you are unhappy with your item/s please contact us before opening a
case or leaving negative feedback or opening a case with PayPal so we can help
resolve your problems, we are always happy to help you & have a customer service
team devoted to helping you our customer.
Undelivered Items : Any item returned to us by the courier or postal service that has
not been claimed for by the buyer will result in the cancellation of the sale & full
refund being issued.
Tracking information is provided on some items we sell.
We obtain proof of posting on all items we sell & keep this information on a
secured independent system for 180 days.
Re-delivery of unclaimed items : Buyer must agree to pay for redelivery postage costs
before item is sent out a second time or cancellation of sale will happen.
Returns Accepted - Items must be returned in original sold condition, e.g. : with
original product packaging if applicable, even if it gas been opened or damaged, if
returning an unwanted item it must be returned in the same condition as sold.
Item/s fault/s & reasons for return will be evaluated before a refund is issued.
Unwarranted or abusive buyer behavior will be documented and reported & in some
cases information maybe passed onto the police.
We will prosecute all persons involved in fraudulent activities.
Online Fraud : claiming items have not arrived or are damaged when they have or are
not is a crime & we will help the Police prosecute all involved such activities.
We Will NOT Issue Partial Refunds on any item sold : So Please Do Not Ask.
Coupon Discount Codes, Discount Code Terms & Conditions :
Valid Discount Codes Are Only Accepted Via http://brikabrax.co.uk/brikabrax-shop.php
Discount Code is None Transferable to Any Other Offer or Selling Platform Owned By
Brikabrax UK
Discount Code is None Transferable to Any Other Discount Offer or Sale
Discount Code Only Valid Online & Can Not Be Used at Any Convention or Trade Fair
Brikabrax UK Attend.
- There is No Cash Alternative to Any Discount Coupon Code
- We Hold The Right To End Discount Coupon Codes Without Notification
- Discount Code Must Be Applied Using Coupon Code Box Found In The Shopping Bag
- Page During Payment Process
- At http://brikabrax.co.uk/brikabrax-shop.php Only.
- Invalid Coupon Codes Will Not Be Accepted
- Some Code Can Only Be Used Once By Customer / Code is For Single Use Only & Can
- Not Be Used Multiple TimesCode Can Be Used On Multiple Purchases (For Single Use None Transferable Purchases)
- Coupon Discount Can Not Be Made Against Postage Costs At Any Time or Any ReasonCoupon Code Discount Can Only Be Applied When Making Purchases Over £20
(Excluding P&P Costs)
Coupon Discount Codes Are Valid Worldwide (Excluding P&P Costs)
Coupon Discount Codes Are Only Valid on Selected Product Lines & Categories :
We Hold The Right to Change Discount Code Offers On All Product Lines & Categories
Without Notification.
VAT
(Value Added Tax)
Wholesale Items Have VAT Already Integrated into The Cost of The Product Making
it Simpler For The Customer to Work Out Re-Sale Value.
Items Listed UK Buyers Only :
the UK or Wish The Item to be Sent Outside the UK or Provide an Address Outside the
UK We Will Cancel The Sale Without Notification & Automatically Refund Your
Payment.
PLACING AN ORDER
information.
You warrant that the personal information which you are required to provide is true,
accurate, current and complete in all respects. You agree not to impersonate any other
person or entity or use a false name or a name that you are not authorised to use. We
shall use your personal information in accordance with our Privacy Policy.
placing an order you therefore warrant that you are at least eighteen (18) years old.
Age Restricted Products : Including (UK) BBFC Laws
We Will Only Accept Online Purchases From Persons Over The Age of 18 Years.
Residence When Making Any Purchase
We are Not Liable for items Purchased By Persons Over The Age of 18 Who Then
Provided Purchased Items to Persons / Children Under The Products Age Restriction
Certificate.
PRICING ERRORS
unlikely event that an error is made in the price shown on the Website, Brikabrax UK
will not be obliged to supply the goods to you at the incorrectly stated price.
In these circumstances, we shall not dispatch the goods affected but will notify the
correct price to you so that you can decide whether to proceed with your order at that
Price.
If we are unable to contact you using the contact details you provided to us, we shall
treat the order as cancelled and notify you via email.
PRICES
are in GBP pounds sterling.
All prices are expressed inclusive of any VAT that is payable at the relevant prevailing
rate in the United Kingdom.
If charges are applicable for delivery on the goods that you order, you will be informed
before your order is accepted.
All prices and offers are subject to availability and may be withdrawn or amended at
the discretion of Brikabrax UK and at any time.
Brikabrax UK on The Convention / Trade Fair Circuit.
Data Protection Act (UK)
We Adhere to the Data Protection Act (UK) : All Customer Records Are Securely Stored
Independently from Internet Based Software to prevent online fraud ; only in extreme
cases of fraud or criminal acts will we provide any private information to the police or
court systems, a legal notice from the police & judiciary system will be provided to all parties involved.
Full information on the data protection act can be found here:
https://www.gov.uk/data-protection/the-data-protection-act
standards laws governed within the United Kingdom.
5.1
You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us in writing.
Do not, print off, copy or download any part of this site for commercial use.
All Art Work & Images & Company Logos are Copyright Owned by Brikabrax UK
Some images are third party copyrighted reproductions.
Any abuse of any nature will result in your right to use this site ceasing immediately & legal action being taken against all parties involved.
Our site changes regularly.
5.2
Abuse :
Unwarranted abuse of any kind will not be tolerated, our current Facebook page has
filters to remove all swear words, your account will be automatically blocked &
continued abuse of any kind may result in legal action being taken against the person
or persons involved.
We aim to update our site regularly, and may change the content at any time. If the
need arises, we may suspend access to our site, or close it indefinitely.
Any of the material on our site may be out of date at any given time, and we are under
no obligation to update such material.
5.3
Our liability
The material displayed on our site is provided without any guarantees, conditions or
warranties as to its accuracy. To the extent permitted by law, we, and third parties
connected to us hereby expressly exclude:
· All conditions, warranties and other terms which might otherwise be implied
by statute, common law or the law of equity.
· Any liability for any direct, indirect or consequential loss or damage incurred
by any user in connection with our site or in connection with the use, inability to
use, or results of the use of our site, any websites linked to it and any materials
posted on it, including, without limitation any liability for:
· loss of income or revenue;
· loss of business;
· loss of profits or contracts;
· loss of anticipated savings;
· loss of data : See Data Protection Act
· loss of goodwill
· Wasted management or office time
and for any other loss or damage of any kind, however arising and whether caused
by (including negligence), breach of contract or otherwise, even if foreseeable,
provided that this condition shall not prevent claims for loss of or damage to your
tangible property or any other claims for direct financial loss that are not
excluded by any of the categories set out above.
5.4These terms of use and any dispute or claim arising out of or in connection with them
or their subject matter or formation (including non-contractual disputes or claims) shall
be governed by and construed in accordance within the law of England and Wales.
6.1
Trade marks
Brikabrax.co.uk - Brikabrax - Brikabrax UK & Brikabrax-Ltd are UK registered
trademarks of Brikabrax UK.
6.2
Variations
We may revise these terms of use at any time by amending this page.
You are expected to check this page from time to time to take notice of any changes
we have made, as they are binding on you.
Some of the provisions contained in these terms of use may also be superseded by
provisions or notices published elsewhere on our site.
7.1
Concerns
If you have any concerns about material which appears on our site, please contact
at csandinfo@brikabrax.co.uk
Thank you for visiting our site.