1.1 Please read these terms and conditions carefully before using the web site operated by Brinley Williams ('Brinley Williams,'we' or 'us'). In particular, we draw your attention to clauses 8 (Applicability of online materials) and 12 (Liability). By visiting and placing an order on this website you agree to be legally bound by these terms and conditions as they may be modified and posted on our web site from time to time.
1.2 Without prejudice to the above, by using or accessing our web site, you agree to be legally bound by these terms and conditions of use as they apply to your use of or access to our web site.
1.3 If you do not wish to be bound by these terms and conditions then you may not use our web site and by ordering any goods or services on our website you will be deemed to have accepted these terms and conditions.
2: Nature of our web site
2.1 Please note that the contents of our web site are aimed at users aged 17 and above, but you must be over 18 years to purchase the Products, using the payment method displayed on our web site.
3: Buying products & Services on our web site
3.1 All orders for goods shall be deemed to be an offer by you, the buyer, to purchase goods pursuant to these terms and conditions. You, the buyer, shall be responsible for ensuring the accuracy of the details you provide on the order form and we will not be obliged to accept an order unless all details requested have been entered correctly.
3.2 We are entitled to refuse any order placed by a buyer and will not be required to provide an explanation.
3.3 All orders are accepted subject to availability of stock items and/or raw materials and on the understanding that Brinley Williams is not held responsible for any loss or delay arising from contingencies beyond its control. You will be issued with a electronic receipt to your email address as soon as you have placed your order.
3.4 All prices shown on the website are in pounds sterling and include VAT. Brinley Williams reserves the right to amend it's prices at any time.
3.5 To order a Product or Service you will need to follow the ordering procedures set out on our order page. Details of our prices for the Products and Services, and the procedures for payment and delivery are displayed on our web site.
3.6 Any times or dates stated on our web site for delivery are estimates only. Brinley Williams will make all reasonable effort to deliver goods within the time specified, but does not accept liability for any failure to deliver within that time.
3.7 You must pay by credit or debit card at the time of order. The price of any Product or Service is the price in force at the date and time of your order. We may change the price of any Product or Service before you place an order. We try to ensure that our prices displayed on our web site are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see clause 3.4 below). We will inform you if a Product or Service's correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the Product or Service at the correct price.
3.4 Brinley Williams is entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means (''Confirmation email') to the e-mail address you have given us on ordering. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within 30 days.
4.1 You may return any Products you have purchased within 7 working days of delivery for any reason (not including personalised products). To do so you must notify us in writing or other durable medium (including e-mail) within those 7 working days. You will then be entitled to a refund from Brinley Williams, which will be paid as soon as possible, but in any event within 30 days. You must arrange for and pay the costs of returning the Products to Brinley Williams. While in your possession, you must keep any Products you intend to return to us in good condition.
4.2.1 the Product delivered is not what you ordered (including any Substitute Products), or does not correspond with its description;
4.2.2 the Product delivered is not of a satisfactory quality; or
4.2.3 the Product is not fit for any other purpose for which you have bought it and you notified Brinley Williams of this purpose before purchase, and Brinley Williams has not informed you that the Product is not fit for that purpose; Brinley Williams will, at its option, deliver to you a replacement Product or refund to you the price paid and your reasonable costs of returning the Products.
4.3 If you have any complaints, you should email Customer Support.
5: Modifications to web site
5.1 We reserve the right to alter, suspend or discontinue any aspect of our web site or the content or services available through it, including your access to it. Unless explicitly stated any new features including new content, and/or the sale of new Products or Services shall be subject to these terms and conditions.
6: Information you provide
6.1 The following applies to any information you provide to us, for example during any registration or ordering process:
6.1.1 You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our web site by us or our sub-contractors. If you obtain or choose to buy Products or Services through our web site then we may collect information about your buying behaviour and if you send us personal correspondence such as e-mails or letters then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in paragraph 7 below shall be known as 'the Purposes'). All such information collected by us shall be referred to in these terms and conditions as 'Personal Information'.
6.1.2 You must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details.
6.2 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information following notification to you by means of a notice on our web site, which you should check regularly. If you would like to review or modify any part of your Personal Information then you should email Customer Support.
7: Online Privacy Practices
7.1 Your right to privacy is important to us
7.2 We are keen to strike a fair balance between your personal privacy and ensuring you obtain full value from the internet and other products and services we may be able to market to you.
7.3 We are fully registered under the Data Protection Act 1998 and ensure we comply with all protection the Act affords to you. Further information on the Act is on the internet at www.gov.uk/data-protection .
7.4 In some areas of our web site, we ask you to provide information that will enable us to enhance your site visit or reply to you after your visit. This would include where you provide feedback to us through contact form or when you complete any on line survey we may offer from time to time. When you do so, we ask you to give us your name, e-mail address and other personal information that will be needed to supply the services to you. In relation to on line newsletters you can unsubscribe at any time.
7.5 We may use your personal data for future e-mail mailings, support, notification of new products or new versions, general correspondence regarding the products and correspondence which may relate you. If you would rather not receive future marketing e-mails from us please email Customer Support.
7.6 The information you provide will be used to support your customer relationship with us and to fulfill any orders you place with us for goods or services. We reserve the right to transfer your information outside our corporate group if we sell the whole or part of our business and to pass on your contact details to selected third parties who we believe are able to offer you goods or services that may be of interest to you.
7.7 We hope that once you understand the measures we take to help ensure secure transactions and privacy, and the steps you can take yourself, you will be as happy about the safety of your transaction and order information as we are.
8: Applicability of online materials
8.1 Unless otherwise specified the materials published on our web site are presented solely for your private, personal and non-commercial use.
8.2 Our web site is controlled and operated by us from our workshop in Newport, South Wales. Where content published on the web site is supplied by third parties, you understand that we do not control or endorse their contents in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content, except for content which relates directly to Products or Services you purchase from us. You assume total responsibility and risk for your use of our web site and use of all information contained within it.
8.3 We have used our best endeavours to ensure that our web site complies with UK law. However, we make no representations that the materials on our web site are appropriate or available for use in locations outside the United Kingdom .
8.4 Brinley Williams makes no warranties, express or implied that making the Products or Services available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or Services or any part of them available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products and Services are not offered for sale to you. You accept that if you are resident outside the UK , you must satisfy yourself that you are lawfully able to purchase the Products and/or Services. Brinley Williams accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products or Services by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
9: Copyright and monitoring
9.1 The contents of our web site are protected by international copyright laws and other intellectual property rights. The owner of these rights is Brinley Williams or other third party licensors. All product and company names and logos mentioned in our web site are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our web site for the sole purpose of placing an order with Brinley Williams or using our web site as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our web site including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.
10: Linked sites
10.1 Brinley Williams make no representations whatsoever about any other web sites which you may access through our web site or which may link to our web site. When you access any other web site you understand that it is independent from Brinley Williams and that we have no control over the content or availability of that web site. In addition, a link to any other site does not mean that Brinley Williams endorses or accepts any responsibility for the content, or the use of, such a web site and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its web site administrator or web master.
11: Availability of our web site
11.1 We will try to make our web site available but cannot guarantee that our web site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our web site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other internet connected device.
12.1 We promise that for any Product you purchase from our web site:
12.1.1 we have the right to sell the Product to you;
12.1.2 the Product will correspond with the description we have given to you;
12.1.3 the Product will be of satisfactory quality; and
12.1.4 will be fit for any other purpose for which you have bought it and you notified Brinley Williams of this purpose before purchase, and Brinley Williams has not informed you that the product is not fit for that purpose;
Subject to this, however, Products are not sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing. We also promise that any Service we provide to you will be provided with reasonable skill and care.
12.2 We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Products, Services, our web site or any information or service provided through our web site.
12.3 We will do our best to ensure that all materials and information published on our web site are accurate, but please note that all materials and information on our web site are provided on an 'as is' basis.
12.4 In relation to the purchase of Products and Services we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our web site or its contents other than as a direct result of purchasing Products or Services, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Brinley Williams or our servants, agents or any other person.
12.5 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product or Service concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence.
12.6 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our web site and is compatible with our web site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our web site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
12.7 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
13.1 We may assign or subcontract any or all of our rights and obligations under these terms and conditions at any time.
13.2 We may alter these terms and conditions from time to time and post the new version on our web site, following which all use of our web site will be governed by that version. You must check the terms and conditions on the web site regularly.
13.3 These terms and conditions together with any order form and payment method instructions, if any, are the whole agreement between you and Brinley Williams. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by Brinley Williams or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, order form and payment method instructions.
13.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
13.5 These terms and conditions and your use of our web site are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
13.6 Neither you nor Brinley Williams will be held liable for any failure to perform any obligation to the other due to causes beyond your or Brinley Williams's respective reasonable control.
13.7 Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.
14.1 All notices shall be given:
14.1.1 to us via Customer Support email; or
14.1.2 to you at either the e-mail or postal address you provide during any ordering process. Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
15.1 These terms and conditions replace all other terms and conditions previously applicable to the use of our web site and/or sale of the Products and Services.