|... branded.net company conditions|
Introduction and Acceptance of Terms
1.1 "Conditions" means these terms and conditions and the Special Conditions;
1.2 "Contract" means the order and Order Confirmation (incorporating any Special Conditions)
1.3 "Goods" means the goods which the Seller is to sell in accordance with these Terms and Conditions.
1.4 "Member" means the person who has been accepted for membership of Branded (www.branded.net) and whose name is printed on the Order and any payment tendered by or on behalf of such Member with any order shall be deemed to be with the permission or consent of the Member.
1.5 "Price" means the price at which the Seller has agreed to accept the Member's order total and is deemed inclusive of delivery charges applied in the United Kingdom.
1.6 "Seller" means Branded (www.branded.net).
1.7 "Product" means a product displayed for sale on the Website;
1.8 "Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided including product description, brand, style name or number if any, colour, material, sizes, our current selling price, the retail recommended price – RRP if any, our previous selling price if any;
1.9 "Special Conditions" means the terms and conditions in the Product Description;
1.10 "Users" means the members of Branded (www.branded.net) who are also users of the Website;
1.11 "Personal Information" means the details provided by you on registration for membership of Branded (www.branded.net) as amended from time to time;
1.12 "We/us" means Branded (www.branded.net);
1.13 "Website" means the website located at www.branded.net or any subsequent URL which may replace it;
1.14 "Cookies" means small text files which our Website places on your computer's hard drive to store information about your membership and any shopping session and to identify your computer;
1.15 "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands;
1.16 "You" means member of Branded (www.branded.net) and a user of this Website;
1.17 "Consumers means a buyer who does not purchase goods in the course of any kind of business.
2. Use of the website
2.1.1 You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
2.2.1 You warrant that:
18.104.22.168 The Personal Information which you are required to provide when you register as a member of Branded (www.branded.net) is true, accurate, current and complete in all respects; and
22.214.171.124 You will notify us immediately of any changes to the Personal Information by contacting us by e-mail and updating your My Accounts records.
2.2.2 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
2.3.1 You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
2.4 Our rights
2.4.1 We reserve the right to:
126.96.36.199 modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
188.8.131.52 Change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
2.5 Basis of Sale
2.5.1 These Terms and Conditions and any Special Conditions will govern the Contract to the exclusion of any other terms, including any terms and conditions which the Member may purport to apply under any purchase order, confirmation of order or other document and that by placing any order the Member acknowledges that any business conducted thereunder will be subject to these Terms and Conditions of Business.
2.5.2 Any variation of these Terms and Conditions and the Special Conditions will only bind the Seller if agreed in writing between authorised representatives of the Seller and the Member.
2.5.3 The Seller's employees are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into any contract and in accepting delivery, the Member acknowledges that it does not rely on any representations concerning the Goods which are not confirmed in this way.
2.5.4 Nothing in these Terms and Conditions shall operate to deny or limit any rights of or the Seller's liability to any Member who is a consumer, which rights such Member has at law. In the event of conflict between the Terms of the Contract and any such rights, the latter shall prevail in favour of the Member being a buyer who does not purchase goods in the course of any kind of business.
2.6 Orders and Specifications
2.6.1 All Goods are offered for sale subject to availability and subject to the Seller's acceptance of the Order.
2.6.2 No Order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Seller in writing who reserves the right in its ultimate discretion whether to accept an order from time to time from any Member.
2.6.3 Any literature published or submitted by the Seller to the Member which contains any descriptions, specifications, drawings or prices of the Goods is published or submitted for guidance only. The Seller reserves the right to make minor modifications in the design and specification of the Goods without notice to the Member, but agrees to notify the Member of any major or material modifications which the Member shall be deemed to have accepted unless notification to the contrary is received in writing by the seller within 7 days of delivery.
2.6.4 In the event that the Seller accepts an Order from a Member and that for reasons beyond the control of the Seller that it is unable to supply the goods ordered to the Member then the Member agrees to accept the repayment of the amount paid to the Seller in full and final settlement of all and any claims it may have as against the Seller for non-delivery.
2.7 Price and Payment
2.7.1 The Member will pay the Price on the sale of the Goods in accordance with the procedures set out in the Seller's website.
2.7.2 The retail recommended price - RRP (if any) indicated on the website is that which has been provided to the Seller by its supplier.
2.8.1 The place for delivery of the Goods will be agreed between the Seller and the Member and shown on the Order Confirmation.
2.8.2 Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the Member arising from any delay in the delivery of the Goods howsoever caused.
2.8.3 The Member must inspect the Goods on delivery and, in the case where Goods have been delivered by carrier, sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute conclusive evidence against the Member of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage. The Member may not reject the Goods or any part of them solely on the grounds of short delivery of an instalment. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Member.
2.8.4 The Seller reserves the right to make delivery of the Goods by instalments. If the Goods are to be delivered in instalments, each delivery will constitute a separate contract. The Member may not treat the Contract (as a whole) as repudiated if the Seller fails to deliver any one or more of the instalments or if the Member has a claim in respect of any one or more of the instalments.
2.8.5 If the Member fails to take delivery of the Goods then, in addition to any other right or remedy available to the Seller, the Seller may do either or both of the following;
184.108.40.206 Store the Goods until actual delivery and charge the Member for the cost (including insurance) of storage, together with any other reasonable incidental costs;
220.127.116.11 Sell the Goods at the best price readily obtainable by the Seller and (after deducting all storage and selling expenses) charge the Member for any shortfall below the Price. The Member must advise the Seller in writing of any alteration, cancellation or deferral of delivery and the Seller reserves the right to make a charge (which will not normally be less than 20% of the cost of the item altered, deferred or cancelled), whether the goods have been taken into stock or not.
2.8.6 Goods must not be returned to the Seller except as provided in Condition 4.4 hereof.
2.9 Risk and Property
2.9.1 Risk of damage to or loss of the Goods will pass to the Member on delivery at the agreed address.
2.9.2 Notwithstanding delivery and the passing of risk in the Goods, property in the Goods will not pass from the Seller until the Seller has received in cleared funds full payment of the Price and all other sums which are due, owing or payable by the Member to the Seller in respect of the Contract or any other Contract between the Seller and the Member.
2.10.1 The Seller will not be liable for short delivery or defective Goods unless notice is given to the Seller in writing in accordance with Condition 6.4 within seven days of delivery and the Seller will not be liable for any defective Goods unless the Seller receives notice in accordance with Condition 6.4 within seven days of the Member becoming aware of the defect or, where upon reasonable inspection of the Goods, the Member should have become aware of such defect. In each case, the notification must include the invoice number, delivery note number and details of the claim. In the case of a valid claim, the Seller may, in its sole discretion, replace the Goods (or the part in question) or refund to the Member the Price (or an appropriate proportion of the Price). The Seller will have no further liability to the Buyer in respect of the matters referred to in this Condition.
2.10.2 The Seller will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of the Seller, including but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
2.10.3 Nothing in this Condition 2.10 shall limit or exclude any liability of the Seller for death or personal injury caused by the Seller's negligence. Except as provided in this Condition 2.10, the Seller will not be liable to the Member for any indirect or consequential loss or damage, costs, expenses (including loss of profit) or other claims for compensation whatsoever arising out of or in connection with the sale of the Goods or their use or resale by the Member.
2.11 Third party links
2.11.1 To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for:
(i) the privacy practices of such websites,
3.1 We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.
3.2 When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password.
3.3 You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service.
3.4 We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office. We use your information only for the following purposes:
3.4.1 Processing your orders;
3.4.2 For statistical or survey purposes to improve this Website and its services to you;
3.4.3 To serve website content and advertisements to you;
3.4.4 To administer this website;
3.4.5 If you consent, to notify you of products or special offers that may be of interest to you.
3.5 You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
3.6 You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.
3.8 No credit or debit card information shall be stored at anytime.
3.9 We do not collect sensitive information such as medical, health, racial, ethnic, political, religious, philosophic, union membership or sexual orientation information. If we are made aware that we have received such information, we will delete this information.
3.10 Branded (www.branded.net) is registered with the Information Commissioner’s Office (ICO) as a data controller. For further details please visit http://www.ico.gov.uk
4. Purchase of products
4.1.1 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
4.2 Contract creation and electronic contracting
4.2.1 The technical steps required to create the contract between us are as follows:
18.104.22.168 You become a member of Branded (www.branded.net).
22.214.171.124 You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
126.96.36.199 We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance by us.
188.8.131.52 As your product is shipped from our warehouse we will send you a despatch confirmation email.
184.108.40.206 Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions.
4.2.2 Non-acceptance of an order may be a result of one of the following:
220.127.116.11 The product you ordered being unavailable from stock.
18.104.22.168 Our inability to obtain authorisation for your payment.
22.214.171.124 The identification of a pricing or product description error.
126.96.36.199 You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
4.2.3 The contract will be concluded in English.
4.3 Contract cancellation
4.3.1 Under the United Kingdom's Consumer Protection (Distance Selling) Regulations 2000 (DSRs), you have the right to cancel your order with us, for a full refund. Provided you give us written notice within seven working days of receipt.
4.3.2 The Member must notify the Seller in writing of their wish to cancel the contract for their entire order under the DSRs within seven working days of receiving the items. Either by email to firstname.lastname@example.org or write to us at: Notice of Contract Cancellation, Branded, 12A Riverwalk Business Park, Riverwalk Road, Enfield, Middlesex, EN3 7QN, United Kingdom.
4.3.3 On receipt of your notice of contract cancellation, we will email you a Returns ID. You must complete this on the sales receipt that was received with the order, and include it with the return so we can process the refund promptly.
4.3.4 We recommend that you insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them at our returns department. We also recommend that you use a secure, trackable means to return your order to us. Please note that you must cover the cost of the return shipment, as return costs do not apply to orders cancelled under the Distance Selling Regulations.
4.3.5 All items must be returned unused, in their original condition and from the country that the order was delivered to. The Seller will not accept a return if the security seal and/or tag have been removed from the item. The original sales receipt must accompany all returns. The Seller reserves the right to refuse a returned item if any of the above occurs (except only in the case of Goods which have been discovered to be faulty upon use).
4.3.6 We will refund the full value of your order, including shipping costs, within 30 days of receiving your notice of contract.
4.3.7 Please note you may only use your right to cancel the order under the DSRs if you give us formal written notice of cancellation within seven working days of receiving the order, as described above.
4.4 Returns & Exchanges - Outside the seven working days Consumer Protection (Distance Selling) Regulations 2000 (DSRs)
4.4.1 If the Member wants to return an order after the seven working days cancellation period (DSRs), the Member may return their order back to the Seller within 14 days from the date of receiving the order, for a refund or exchange.
4.4.2 To return an order the Member will need to complete a Return Request Form. This can be done by simply login in to their account on the Sellers web site and select the 'Order Returns' link. Upon completion of the returns form the Member will be provided with a returns ID number. The Member must make a note of this number for their reference. This number must also be included in with the returned parcel. Once we receive the return request an email will be sent within 24 hours (Monday to Friday) with instructions on how to return the order. The original sales receipt must accompany all returns.
4.4.3 No return item will be accepted without a returns ID number. Failing to complete and submit the return request form could delay the refund up 30 days.
4.4.4 All items must be returned unused, in their original condition and from the country that the order was delivered to. The Seller will not accept a return if the security seal and/or tag have been removed from the item. The Seller reserves the right to refuse a returned item if any of the above occurs (except only in the case of Goods which have been discovered to be faulty upon use).
4.4.5 All refunds will be made via the same method as when the order was placed. The Member will receive a confirmation email advising them once the refund has been processed. Please allow up to 10 working days for all card refunds to show on your card account.
4.4.6 When a return is made after the seven working days cancellation period (DSRs), the shipping cost will not be refunded, just the value of the item(s) in the order.
4.4.7 If the Member requests for an exchange item, the Member must specify on the sales receipt (that was received with the order) the details of the item they wish to exchange for and include it with the return so we can process the exchange promptly.
4.4.8 Exchanges are free to the Member. The Seller will not charge any shipping costs to the Member for sending the exchange item.
4.4.9 This returns policy does not affect your statutory rights.
4.5 Important information
4.5.1 All items are quality controlled and checked for any faults before they are dispatched to customers.
4.5.2 Should you receive an item that is not in perfect condition please contact us immediately.
4.5.3 Please send all items you wish to return from an order in the same shipment to ensure your return is processed as quickly as possible.
4.5.4 Items should be returned in their original packaging to ensure they are adequately protected in transit. All designer packaging such as authenticity cards, dust bags and leather tags should be included with your return and should also be protected as they are considered part of the product and your return may not be accepted if the box is damaged.
4.5.5 Free collection does not apply to items returned from a different country to the original shipping destination or to orders cancelled under the DSRs.
4.6 Faulty goods
4.6.1 Goods are classified as faulty if they are received damaged, or where a manufacturing fault occurs within six months of purchase. Please note that items that are damaged as a result of wear and tear are not considered to be faulty.
4.6.2 Where possible, we will offer to repair faulty items. If you would like to exchange your item, please be aware that we can only replace it for the same product, subject to availability. You will receive a full refund if the item cannot be repaired or replaced.
4.6.3 For all faulty items outside of our Returns Policy, please contact email@example.com
4.7 Discount codes
4.7.1 Only one discount code per order can be applied
4.7.2 Discounts codes cannot be used together to make for a higher rate of discount
4.7.3 Any allowable use of discounts codes can be revoked at any stage of the order, it is at the Sellers soul discretion if they wish to allow a discount to exist against an order.
188.8.131.52 If the Seller revokes the discount code the users order will be cancelled and all money refunded, the Member may then place the order on the system again if allowable by the Seller.
4.7.4 Once an order has been placed on our system a discount code cannot be added or redeemed against the order.
5. Description of products
5.1 Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after sales service and guarantees.
6.1 Intellectual property and right to use
6.1.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
6.1.2 You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
6.2 Compliance with laws
6.2.1 The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
6.3 Limitation of liability
6.3.1 While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
6.3.2 We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
6.3.3 To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
6.3.4 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
184.108.40.206 Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
220.127.116.11 Any loss of goodwill or reputation; or
18.104.22.168 Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
6.3.5 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
6.4.1 Any notice given or made under the Contract will be in writing (other than writing on the screen of a visual display unit or other similar device, which shall not be treated as writing for the purposes of this Clause).
6.4.2 A notice will be addressed as provided in Condition 6.4 and, if so addressed, will be deemed to have been duly given or made as follows:
22.214.171.124 If sent by personal delivery, upon delivery at the address of the relevant party; or
126.96.36.199 If sent by first class post, two clear business days after the date of posting.
6.4.3 For the purpose of the Contract, notices will be given to the Seller at its address set out in Condition (we must make provision for an address. Do you want this to be the one under 6.10?), for the attention of the Company Secretary. Notices will be given to the Member at the address to which the Goods have been delivered.
6.4.4 The Seller and the Member may notify each other of a change in their name, relevant addressee and address for the purpose of Condition .
6.4.5 This notification will only be effective on:
188.8.131.52 The date specified as the date on which the change is to take place; or
184.108.40.206 If no date is specified or the date specified is less than five clear business days after the date on which notice is given, the date falling five clear business days after notice of any change has been given.
6.4.6 This clause will not apply in relation to the formal service of any court documentation or other document arising in connection with any disputes under the Contract.
6.5.1 If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
6.6.1 No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
6.7.1 Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
6.8 Entire agreement
6.8.1 These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what we and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
6.9.1 The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
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