Terms & Conditions
Terms & Conditions
These terms and conditions apply to the use of this website www.brummellsoflondon.com. Please read these Terms and Conditions carefully, by using this website you are agreeing to all of these Terms and Conditions. You shall be responsible for reading and understanding these Terms and Conditions, and we do not accept responsibility for any loss or damage incurred by you or any third party as a result of your failure to do so.
Your statutory rights shall remain unaffected by these Terms and Conditions.
We do not accept any responsibility for any amendments or changes we periodically make to the information contained in our website, and we reserve the right to alter these Terms and Conditions or the information in this website at any time.
If you have any questions about these terms and conditions then please email us [email protected]
THESE TERMS AND CONDITIONS (“Terms”) govern your use of www.brummellsoflondon.com (“the Website”). Please read these Terms and ensure that you have understood them. If you do not agree to these Terms, please cease use of the Website immediately.
“Brummells” means Brummells Limited, a company registered in England and Wales with the registered company number 05576628 and a registered address at 7 Denman Place London W1D 7AH;
“Terms” means the terms and conditions set out herein;
“Use” means any use of the Website including but not limited to viewing information;
“User” means any person who Uses the Website;
- The Website is owned and managed by Brummells. All information supplied on the Website is managed by Brummells.
- Brummells can be contacted by writing to:
Brummells Limited, 29 Westmoreland Terrace, London, England, SW1V 4AQ
or by email on [email protected]
Use of the Website
- By Using the Website you warrant that you have the right, authority and capacity to enter into and be bound by these Terms and that you agree to be bound by these Terms forthwith.
- In the event that Brummells, in its sole discretion, considers that you are making any illegal and/or unauthorised Use of the Website, and/or your Use of the Website is in breach of these Terms, Brummells reserves the right to take any action that they deem necessary, including terminating without notice your Use of the Website and, in the case of illegal Use, instigating legal proceedings.
- Brummells may suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension.
- Brummells reserves the right to make any changes to the Website or to discontinue any aspect or feature of the Website without notice.
Term and Termination
- These Terms will remain in full force and effect while you are a User of the Website.
- Brummells may, at any time and for any reason, terminate these Terms with you and deny you access to the Website.
- In the event of termination of these Terms for any reason, you must not attempt to Use the Website and you must immediately destroy all information downloaded or printed off the Website.
- Clauses 4 to 8 inclusive shall survive termination of these Terms for any reason, and shall be valid and enforceable against you.
- Brummells owns, or has a license to use all right, title, and interest in and to, the Website, including without limitation all copyrights and any other intellectual property rights therein. These Terms shall not be construed to convey title to or ownership of the Website or the data contained therein to the User. All rights in and to the Website not expressly granted to User are expressly reserved by Brummells.
- You are expressly prohibited from:
- reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website; and
- removing, modifying, altering or using any registered or unregistered marks/logos owned by the Brummells, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Brummells or could be considered an infringement any of the intellectual property rights owned and/or licensed to the Brummells without first obtaining the written permission of Brummells.
Warranties and Liabilities
- Brummells provide Users with the Website free of charge and, to the maximum extent permitted by law, Brummells shall not be liable for any loss, injury or damage caused in whole or in part by the Website or the information provided therein, or by any failure, delay, interruption or otherwise of the provision of the Website or the information provided therein, or by the Brummells’s failure to perform any of its obligations under these terms.
- In no event shall Brummells be liable for any special, indirect, incidental or consequential damages, including loss of profits and goodwill, business or business benefit, or the cost of procurement of substitute products or services by User even if advised of the possibility of such damages.
- The information provided on the Website by Brummells is intended as information only and does not constitute advice. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.
- Where the Website includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by Brummells and, to the maximum extent permitted by law, Brummells shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.
- To the maximum extent permitted by law, Brummells expressly excludes all representations, warranties, obligations and liabilities in connection with the Website or other third party websites, and the information provided therein.
- You may print and keep a copy of these Terms, which, subject to the terms and conditions governing the supply of goods or services, form the entire agreement between you and Brummells and supersede any other communications or advertising with respect to the Website.
- These Terms may only be modified with the prior written consent of Brummells. Brummells may alter or amend these Terms at any time, with immediate effect without notice. By continuing to Use the Website after such alteration, you will be deemed to have accepted any amendment to these Terms.
- These Terms and their performance shall be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.
- You shall comply with all foreign and local laws and regulations which apply to your Use of the Website in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
- You agree that because of the unique nature of the Website and Brummells’s proprietary rights therein, a demonstrated breach of these Terms by you would irreparably harm Brummells and monetary damages would be inadequate compensation. Therefore, you agree that Brummells shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of these Terms.
- If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
- Any failure by any party to these Terms to enforce at any time any term or condition under these Terms will not be considered a waiver of that party’s right thereafter to enforce each and every term and condition of these Terms.
- Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.
- Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Brummells and such third parties shall not be entitled to enforce any term of these Terms against Brummells.
Notice to purchaser: please read this agreement carefully. By making a purchase you accept the following terms and conditions to be entered into between you and Brummells Limited of 7 Denman Place London W1D 7AH (“Brummells”). Purchaser agrees to be bound by all the terms and conditions of this agreement. Purchaser agrees that it is enforceable as if it were a written negotiated agreement signed by purchaser. If purchaser does not agree to the terms of this agreement, do not continue to place an order on this website.
“Basket” means the screen displayed on the Website which details the Goods and/or Services, the Price and other relevant details including, without limitation, delivery details.
“Delivery Price” means the applicable rate for delivery displayed in the Basket.
“Effective Date” means the date on which the Purchaser clicks “I Accept” to accept the terms and conditions of this Agreement.
“Goods” means one or more products available for purchase on the Website which the Purchaser purchases as detailed in the Basket.
“Order” means an order for Goods and/or Services paid for by the Purchaser via the Website but not yet delivered and/or performed, as applicable.
“Price” means the purchase price displayed in the Basket, payable by the Purchaser for the Goods and/or Services and Delivery Price.
“Purchaser” means the individual that enters into this Agreement and makes a purchase from Brummells using the Website.
“Services” means any services that are ordered through the Website, including, without limitation, priority delivery service, gift wrapping and personalisation services and personal shopper services.
“Website” means the website at the url: www.brummellsoflondon.com.
Purchase And Delivery Of Goods
- Subject to receipt by Brummells of the Price, and Purchaser’s compliance with all the terms and conditions of this Agreement, Brummells shall use all reasonable endeavours to supply the Goods and/or Services to the Purchaser in accordance with the details contained in the Basket.
- Completing and submitting an Order over the Website amounts to an offer to contract with Brummells by Purchaser. Such offer is accepted and a binding contractual agreement is entered into between you and Brummells, when acceptance of your offer is generated by the Website. For the avoidance of doubt, Brummells is under no obligation to accept any offer.
- If for any reason Brummells is not able to obtain the relevant Goods or provide the relevant Services, Brummells will be entitled to cancel an accepted Order or any part thereof by notice to the Purchaser. In such circumstances, Brummells will refund to the Purchaser such portion of the Price as relates to the Goods and/or Services that Brummells is unable to provide.
- The delivery of Goods will be carried out by third party couriers or service providers. Any timescales for delivery given on the Website are purely estimates and shall not result in any binding obligations on Brummells. Brummells cannot be held liable for any delay in such delivery.
- In consideration for the provision of the Goods and/or Services, Purchaser shall have paid Brummells the Price.
- The Price is inclusive of VAT (if applicable). The Price does not include any import duties or taxes which may be levied by any local authorities if the Goods are to be delivered outside the United Kingdom. Any such additional duties or taxes shall be paid directly to the relevant body by the Purchaser.
- In the event that the Price is not paid in accordance with the provisions herein, Brummells may deny the supply of the Goods and/or Services to the Purchaser without notice.
Purchaser’s Warranties And Undertakings
- Purchaser hereby undertakes to ensure that all details provided to Brummells including, without limitation, delivery details, are complete and accurate.
- Brummells shall not be liable for any delay or failure to deliver the Goods and/or Services which is a result of Purchaser failing to provide complete and accurate details.
Term And Termination
- This Agreement shall commence on the Effective Date and shall continue until the earlier of: (i) delivery of the Goods or the completion of the provision of the Services; or (ii) a refund being given pursuant to these terms and conditions.
- If you are acting as a consumer and purchasing the Goods from within the UK, you shall be entitled to cancel this contract in accordance with the rights granted to you by The Consumer Protection (Distance Selling) Regulations 2000 (“the Regulations”). The Purchaser shall be liable for the costs of returning any Goods following the cancellation of a contract under the Regulations. The Purchaser will not be entitled to a refund of any priority, express or courier charges over and above the standard postage and packaging charges.
Liability And Warranties
- To the maximum extent permitted by law, Brummells shall not be liable for any loss, injury or damage caused in whole or part by, or resulting from any failure, delay, interruption or otherwise of the provision of the Goods and/or the Services.
- Purchaser’s sole remedy with respect to any claims arising out of this Agreement shall be limited to a refund of the Price.
- In no event shall Brummells be liable for any special, indirect, incidental or consequential damages, including loss of profits and goodwill, business or business benefit, or the cost of procurement of substitute products or Goods by Purchaser even if advised of the possibility of such damages.
- All warranties, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and any warranties arising by statute or otherwise in law or from course of dealing, course of performance, or use of trade are hereby excluded and disclaimed to the fullest extent possible by law.
- The information provided on the Website or as part of any Services by Brummells is intended as information and opinion only and as such does not constitute advice. Therefore, it should not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.
- Brummells is the data controller of your data. Brummells is registered under the Data Protection Act 1998 (DPA) and complies with the DPA in all dealings with Purchaser personal data.
- When offering to enter into a contract with Brummells, a Purchaser consents to Brummells and any third parties involved in fulfilling an Order processing such Purchaser’s personal data to the extent necessary to fulfill that Order.
- Purchaser shall not assign this Agreement, in whole or in part, without the written consent of Brummells.
- This Agreement and its performance shall be governed by and construed in accordance with and the parties hereby submit to the exclusive jurisdiction of the laws of England and Wales.
- If any provision of this Agreement is declared void, illegal, or unenforceable, the remainder of this Agreement will be valid and enforceable to the extent permitted by applicable law.
- Any failure by any party to this Agreement to enforce at any time any term or condition under this Agreement will not be considered a waiver of that party’s right thereafter to enforce each and every term and condition of this Agreement.
- Brummells will not be responsible for delays resulting from circumstances beyond its reasonable control including courier and/or postal services.
- This Agreement (i) constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, made with respect to the subject matter hereof, and (ii) cannot be altered except by agreement in writing executed by an authorised representative of each party. No purchase order and/or standard terms of purchase provided by Subscriber shall supercede this Agreement.
- Nothing in this Agreement shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Brummells and such third parties shall not be entitled to enforce any term of this Agreement against Brummells.
If you have any questions regarding this Agreement or if you wish to discuss the terms and conditions contained herein please contact Brummells using the following contact details:Website: www.brummellsoflondon.com
Email: [email protected]