Terms and Conditions
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms.
You should print a copy of these Terms or save them to your computer for future reference.
1.1 When the following words are used in these Terms, this is what they will mean:
1.1.1 Event Outside Our Control: is defined in condition 12.2;
1.1.2 Goods: the goods that we are selling to you as specified in the Order;
1.1.3 Order: your order for the Goods;
1.1.4 Order Confirmation: is defined in condition 3.4;
1.1.5 we/our/us: Brainworks (Food) Limited (company number 10340963) whose registered office is at 19 Albion Street, Hull, HU1 3TG.
1.2 When we use the words “writing” or “written” in these Terms, this will include email unless we say otherwise.
2. USE OF OUR SITE
Your use of our site is governed by our Terms of Website Use. Please take the time to read these terms, as they include important terms which apply to you.
3. OUR CONTRACT WITH YOU
3.1 These are the terms and conditions on which we supply Goods to you.
3.2 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you submit an Order. If you think that there is a mistake please contact us to discuss.
3.3 When you submit an Order to us, this does not mean we have accepted your Order. Our acceptance of the Order will take place when described in condition
3.4. If we are unable to supply you with the Goods, we will inform you of this, and we will not process the Order.
3.4 These Terms will become binding on you and us when we issue you with an acceptance of an Order by email (Order Confirmation), at which point a contract will come into existence between you and us.
3.5 If any of these Terms conflict with any term of the Order, these Terms will take priority.
3.6 We shall assign an order number to the Order and inform you of it in the Order Confirmation. Please quote the order number in all subsequent correspondence with us relating to the Order.
3.7 If we are unable to supply you with Goods, for example because those Goods are not in stock or are no longer available, we will inform you of this by email and we will not process your Order. If you have already paid for the Goods, we will refund you the full amount as soon as possible.
3.8 The images of the Goods on our website are for illustrative purposes only. Although we have made every effort to display the products accurately, we cannot guarantee that your computer’s display will accurately reflect the Goods. The Goods delivered to you may vary slightly from those images.
4. CHANGES TO ORDER OR TERMS
4.1 You may make a change to the Order for Goods up to 12.00pm on the day of despatch of the Goods. Where this means a change in the total price of the Goods, we will notify you of the amended price. You can choose to cancel the Order in accordance with condition 7.1 in these circumstances.
4.2 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in condition 7. 5.
5. DELIVERY OF GOODS
5.1 Please note that timescales for delivery and delivery charges will vary depending on your delivery address and the availability of the Goods. Details will be specified when you place your Order. For more information and to check what timescales and charges apply to your Order, please check our ‘Delivery’ page website at www.brainworkswell.co.uk/delivery or contact us by telephone on 01482 830096 or by email to firstname.lastname@example.org.
5.2 Our next day delivery service is operated through Parcel Force and/or DPD and will require a signature upon delivery. If no one is available at your delivery address, our delivery agent will leave a card and either return the package to the local post office or (DPD) re-attempt delivery 3 times between the hours of 9.00am and 5.00pm. If delivery is unsuccessful, your Order will be returned to us.
5.3 Occasionally our delivery to you may be affected by an Event Outside Our Control. See condition 12 for Our responsibilities when this happens.
5.4 If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the Order in instalments. We will not charge you extra delivery costs for this. Each instalment shall constitute a separate contract governed by these Terms. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
5.5 Delivery of an Order shall be completed when we deliver the Goods to the delivery address you gave us.
5.6 The Goods will be your responsibility from the completion of delivery.
5.7 You own the Goods once we have received payment in full.
6. INTERNATIONAL DELIVERIES
6.1 We deliver to the countries within the EU as stated on the ‘delivery’ page on this website.
6.2 Our international orders are delivered by our third party delivery agent. Please note that delays may occur at the customs and import offices of the International Delivery Destinations and that such delays are beyond our control.
6.3 If you order Goods for delivery to one of the International Delivery Destinations, your Order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Although we deduct tax in the UK in an attempt to avoid you having to pay it twice please note that we have no control over these charges and we will not be held liable should any issues arise. You will be responsible for payment of any extra import duties and taxes. Please contact your local customs office for further information before placing your order.
6.4 You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.
7. YOUR RIGHT TO CANCEL
7.1 You have a legal right to cancel an Order for non-perishable Goods during the period described in condition 7.3. This means that during this period if you change your mind or for any other reason you decide you do not want to keep the Goods, you can notify us of your decision to cancel the Order and receive a refund.
7.2 However, please note that this cancellation right does not apply in the case of perishable goods.
7.3 Your right to cancel starts from the date of the Order Confirmation, which is when the contract between us is formed, and ends 14 (fourteen) days after you receive the Goods. If that 14 day period ends on a weekend or a public holiday in England and Wales then the final day on which you can cancel will be the next working day.
7.4 To cancel a contract, please contact us in writing by sending an email to email@example.com or by sending a letter to Brainworks, Unit 10D, Gothenburg Way, Sutton Fields, Hull, HU7 0YG. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you sent us the email or posted the letter to us.
7.5 You will receive a full refund of the price you paid for the Goods and any applicable delivery charges you paid. We will process the refund due to you once we have received the returned Goods and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in condition 7.4.
7.6 If you wish to cancel your Order, you must return the Goods to Us as soon as reasonably practicable.
7.7 Unless the Goods are faulty or not as described, you will be responsible for the cost of returning the Goods to us.
7.8 Please note that you have a legal obligation to keep the Goods in your possession and to take reasonable care of the Goods while they are in your possession.
7.9 You will always have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by the returns policy in this condition 7 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
7.10 For more information about returns, please read our ‘Returns’ page on our website at www.otesports.co.uk/returns
8. OUR RIGHT TO CANCEL
8.1 We may have to cancel an Order before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock. We will promptly contact you if this happens.
8.2 If we have to cancel an Order under condition 8.1 and you have made any payment in advance for Goods that have not been delivered to you, we will refund these amounts to you.
9. IF THE GOODS ARE FAULTY
9.1 As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
9.2 If the Goods we deliver to you are faulty, you must return such Goods to us within 3 months from the date of delivery to obtain a full refund. We will refund the price of the effective Goods, any delivery charges which you paid, and any reasonable delivery charges you incur in returning the Goods to us.
10. PRICE AND PAYMENT
10.1 Subject to condition 10.3, the price of the Goods will be as shown on our website at the time we confirm your Order. Our prices include VAT. Our prices may change at any time, but price changes will not affect Orders that we have confirmed with you.
10.2 Any promotional prices or deals are subject to availability and may be withdrawn at any time.
10.3 The price of the Goods excludes delivery costs, which will be calculated and added to the total amount due and notified to you before you place your Order. Payment of the total amount will be taken when confirming your Order.
10.4 It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices as part of our despatch procedures so that, where the Goods’ correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the Goods’ correct price is higher than the price stated on our website, we will contact you to tell you and for your instructions. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Goods to you at the incorrect (lower) price.
10.5 We accept payment by VISA, MasterCard, American Express, Maestro, Electron and Paypal. Any charges for paying by credit card will be added to the total amount and notified to you before you place your Order.
11. OUR LIABILITY TO YOU
11.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach, or if it was contemplated by you and us at the time we entered into the contract.
11.2 We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purpose, and we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3 We do not exclude or limit in any way our liability for:
11.3.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
11.3.2 fraud or fraudulent misrepresentation;
11.3.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
11.3.4 breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
11.3.5 defective products under the Consumer Protection Act 1987.
12. EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.
12.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
12.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
12.3.1 we will contact you as soon as reasonably possible to notify you; and
12.3.2 our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
12.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the Goods.
13. INFORMATION ABOUT US AND HOW TO CONTACT US
13.1 We are a company registered in England and Wales. Our company registration number is 10340963 and our registered office is at 19 Albion Street, Hull, HU1 3TG. Our registered VAT number is 280 671 985.
13.2 If you have any questions or if you have a complaint, please contact us by telephoning our customer service team on 01482 830096 or by emailing us at firstname.lastname@example.org.
13.3 If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing (for example, to cancel the contract), you can send this to us by email, or by pre-paid post to Brainworks (Food) Limited, 19 Albion Street, Hull, HU1 3TG. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by mail.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
15. OTHER IMPORTANT TERMS
15.1 We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.
15.2 The contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.5 These Terms are governed by English law. You agree to submit to the non-exclusive jurisdiction of the English courts.