Terms and Conditions: Sale of goods online at www.brandattic.com
By placing an order with us you are bound by the terms and conditions set out below. You should keep a copy of these terms for your records.
In these terms:
“Website” means www.brandattic.com
“Goods” means the goods we will supply to you in accordance with these T&Cs.
“Order” means an order you place detailing the goods you wish to purchase from us.
“We/Us/Our” means (Visage Ltd T/A) Brand Attic or any other brand within the group.
“You/Your” means you, the person using our website and/or buying 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.
2. ABOUT THIS WEBSITE
2.1 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.
2.2 This Website is operated by Visage Ltd T/A Brand Attic in England and Wales Company Registration Number 1568110. Our registered office is Centenary House, 1 Centenary Way, Salford, Manchester, M50 1RF.
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 (© BrandAttic.com). All Rights Reserved.) 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 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. We aim to provide information which is accurate and up to date; however 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. 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. 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 except if you have their permission to do so. 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 completion of the Contract between you and us will take place upon despatch to you of 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 variation of the Contract must be expressly agreed between you and us.
6.3 We may refuse Your Order or cancel Your Order if we decide it is reasonable to do so which may include circumstances where:
6.3.1 We are unable to obtain authorised payment or the payment process is incomplete; or
6.3.2 We identify a product or pricing error on the Website; or
6.3.3 You fail to meet any criteria for eligibility of purchase which we may impose from time to time; or
6.3.4 We suspect that your Order is related to fraudulent activity; or
6.3.5 You fail to submit all necessary and relevant details to allow us to fulfil the Order; or
6.3.6 Goods are unavailable or out of stock.
6.4 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.
6.5 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.
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 or in Euros. Delivery charges are shown separately. All applicable delivery charges are as stated on the Website or as specified over the telephone 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 despatched.
7.5 We accept payment via Mastercard, Visa, 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 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 date of your Order. 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 set out below) without giving any reason within 21 days of the day after you receive the Goods. This is the “Cancellation Period”.
8.2 You can cancel by writing to us by post to BrandAttic.com, Visage Ltd, Centenary House, 1 Centenary Way, Salford, Manchester M50 1RF or by e-mail to firstname.lastname@example.org. You should keep evidence of having given notice of cancellation, such as an e-mail receipt.
8.3 You must return the Goods to us within 21 days of notifying us that You wish to cancel by sending them to:
Brand Attic Returns Department
40 Invar Road
8.4 The Goods must be returned unused with the original packaging and labels intact.
8.5 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 that reduces their resale value.
8.6 Where an exchange is required for the same product, a different size and/or colour can be selected and will be processed and despatched once the return is received. If the size and/or colour you have selected is not in stock at the time we will issue you a full refund.
8.7 We offer free Royal Mail returns in the UK only. You can get your free returns label here: http://www.royalmail.com/track-my-return/create/147. When returning items to us we request you gain proof of postage from the post office / courier as we will not be held liable for any goods returned to us until they are signed for within our warehouse.
IF THINGS GO WRONG
8.8 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.
8.9 If you return Goods to us for a reason other than if you change your mind, we will inspect the Goods and either replace them or refund the full purchase price for Goods if we accept that there is a manufacturing defect or other fault in the Goods. This is subject to you returning the Goods to us within a reasonable period.
8.10 If you believe that Goods have a defect then you should not make any further use of them before returning them to us. Nothing in these Terms shall affect your statutory rights. These are your rights granted by law and which cannot be changed by us.
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 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
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 weekends and Bank Holidays. This 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 estimate.
10.2 If Goods are out of stock then we will let you know by e-mail.
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 delivery 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 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.
10.6 We reserve the right to make alternative arrangements for delivery, which will depend upon the carrier we use to deliver the Goods. This may include leaving the Goods with a neighbour or in a safe place in or around your property.
10.7 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.
11. OUR RIGHTS IN THE GOODS
All ownership rights known as intellectual property rights in the Goods including all designs, trademarks, 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 The Contract between you and us is binding. You may not transfer or assign your rights or obligations to another person without our express agreement. We may transfer or assign our rights and obligations under the Contract or appoint third parties to assist us in performing our obligations at any time provided that this will not reduce our obligations to you.
12.2 If any clause of this Contract is found in any way to be void by a Court or other competent authority then all other clauses of the Contract will continue to apply.
12.3 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.
12.4 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
12.5 A person who is not party to this Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of it which means that only We and You have rights under it. This does not affect any right or remedy of any person which exists or is available otherwise than under that Act.
12.6 We have a procedure for investigating complaints and for dealing with queries about our Website. Please contact customer services:
Customer Service Centenary House
1 Centenary Way
13.1 Percentage (or money) off discounts (e.g. 20% off)
The discount entitles you to a saving of the amount & currency/percentage stated in the promotion, for the dates specified. No cash or any other alternative will be given. The return value of the item(s) purchased using the discount shall be the applicable return value under the promoters return policy less the discount obtained. This offer may be amended or withdrawn at any time at the Promoter's discretion. Your statutory rights as a consumer are not affected.
13.2 BOGOF (Buy one get one free)
The offer entitles you to buy one get one free, in a single transaction at the promoters, during the dates specified. No cash or any other alternative will be given. Full and partial refunds can be obtained under this promotion by returning the qualifying items, together with the free item and your returns slip. We cannot process refunds without these. The free item cannot be refunded for money or credit, and can only be exchanged if faulty. If your free item is faulty and you require an exchange it must be for another similar item of equal value or less. This offer may be amended or withdrawn at any time at the Promoter's discretion. Your statutory rights as a consumer are not affected. Cheapest item which qualifies for the promotion will be given free.
14.1 By entering a competition with Brand Attic you agree to be contacted via email regarding offers/promotions. You may unsubscribe from these emails at any time.
14.2 We have the right to make changes to a competition at any time.
14.3 Competition winners will be contacted and required to produce relevant details in order to receive their prize. This may include a full name, postal address or contact number.