These are the terms and conditions (“Terms”) for the sale and purchase of the goods (“Goods”) listed on the website www.brekbox.com (“Website”) Please read these Terms carefully.
Our terms and conditions govern Brekbox ’s relationship with you in relation to the Website and all purchases of Goods made by you on the Website.
We may update these Terms, Privacy Policy and Terms of Use at any time. You should check these Terms before placing each order to ensure that you are aware of any changes.
Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Goods from the Website.
In our dealings with you, we work on the assumption that all sales are to private consumers, you are at least 18 years old and are legally capable of entering in to binding contracts. You must ensure that the details provided by you on registration are correct, and inform us immediately of any changes by updating your personal details.
These Terms, and any contract between us, is only in the English language.
These Terms do not affect your statutory rights.
How the Contract is Formed between You and Us
The Website will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
You may place, cancel, amend or correct orders online or by phone. Orders can be amended or cancelled at any time up to 8pm online on the day prior to the day of delivery. Orders can be amended or cancelled by phone to our Call Centre up to the Call Centre closing time, being 6.30pm on the day prior to the day of delivery (Except Sundays and Bank Holidays).
Once your changes have been reflected in the "My Orders" section of the Website they are deemed to be confirmed. This may take a few moments. It is not possible to amend an order on the Website after 8pm on the day prior to delivery. However, if you wish to cancel your order after delivery you may do so in accordance with our cancellation terms.
Customer Registration and Placing an Order for Goods
You will need to register online before you will be able to place an order. To register you will need a valid email address.
We have made every effort to describe and display as accurately as possible the Goods that appear on the Website. However, your Goods may vary slightly from those images, especially those Goods which are handcrafted.
Order Confirmations
After you place an order, you will receive an e-mail from us acknowledging that we have received your order.
Orders will only be confirmed for delivery once they have moved from ‘My shopping basket’ to ‘My Orders’. To confirm an order for delivery a payment method must be selected. No orders can be delivered before this is done. Once an order is confirmed, we are under an obligation to deliver conforming Goods subject always to the availability of the relevant Goods and you are under an obligation to pay.
How to Pay
You can only pay for Goods by UK debit or credit card (other than American Express) or bank transfer. as set out below. The debit and credit cards accepted by us are those listed on the payment page of the Website on the date on which your order is placed. You will, at any time, be able to access your most up-to-date statement of account through the “My Transactions” section of the Website.
If at any time you wish to change your payment method, or there is a change in your card details, you may edit your payment details through the “My Account” section of the Website.
If you make any changes to your Order after payment has been taken, any adjustments required to the total payment for that Order will either be automatically refunded or charged to the same Credit or Debit card details used for the original Order.
Payment Failures
In order to minimise the chance of a failed payment due to expired, lost, stolen, re-issued or out of date payment details for Regular Order customers, we reserve the right to utilise a secure update service provided by Visa & Mastercard. This service will automatically update your payment details to prevent your payment to us from failing and potentially putting a hold on your account. In the event that this process is unable to confirm valid and updated payment details, you will receive an email asking you to provide a new payment method via the Website.
We reserve the right to suspend your account and any further deliveries and take any other action as we consider appropriate in the event of (1) a failed payment: (2) us being refused authority for payment or (3) our reasonable belief that payment will be refused at any stage.
You agree to compensate us in full against all reasonable costs, expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs.
Delivery
Delivery is free of charge and will be made to the address specified by you when you register on the Website.
When you register on the Website you will be advised on whether we deliver to your area.
We reserve the right to restrict or cease deliveries in any area at our sole discretion. We will provide you with up to 7 days advance notice of any restriction or cessation of deliveries in your area..
Defective or Incomplete Goods
We are under a legal duty to supply products that are in conformity with this contract and each of the Goods is sold subject to its product description which can be found on the relevant page for those Goods.
If you think that any of the Goods you have received does not match its description, is not of satisfactory quality, does not meet any relevant guarantee we have made, or is otherwise faulty or defective, then please contact our Call Centre who will do their best to help you and, where applicable, arrange for a refund. We reserve the right to ask you to send us reasonable evidence of any of the Goods affected by such issues.
We will refund to you the cost of any product affected by such issues.
Where we give you a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Our Liability to You
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 these 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 this contract.
We do not in any way exclude or limit our liability to you for:
1. death or personal injury caused by our negligence;
2 . fraud or fraudulent misrepresentation;
3. liability which may not be limited or excluded under section 31(1) of the Consumer Rights Act 2015;
4. defective products under the Consumer Protection Act 1987; or
5. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
We only supply the Goods for domestic and private use. If you use the Goods for any commercial, business or resale purposes, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an Event Outside Our Control. An Event Outside Our Control.
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, pandemic, or other natural disaster, cyber-attack, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport or disruption to the Website or Call Centre.
If an Event Outside Our Control takes place that affects the performance of our obligations under a contract:
1. we will contact you as soon as reasonably possible to notify you; and
2. our obligations under a contract 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.
Your Right to Cancel Your Order after Delivery
You may cancel, amend or correct orders prior to delivery in accordance with these Terms. In certain circumstances set out below you also have the right to cancel all or part of your order after it has been delivered.
Goods which may not be returned after delivery unless they are defective are:
1. Perishable Items; or
2. items which have been personalised; or
3. items which have been unwrapped or unsealed and cannot be resold for health or hygiene reasons; or
4. other selected items, that are non-returnable as noted on the product description page.
If you call us to cancel your order then your cancellation is effective from the date you call and speak to an advisor at our Call Centre, providing you call us within the Cancellation Period. If you send us your cancellation notice by post then your cancellation is effective from the date you post the letter to us, providing the date you post the letter is within the Cancellation Period.
Returns and Your Right of Refund
If you cancel your order, we will reimburse you the price for the Goods which you are cancelling. However, please note we are permitted by law to reduce the amount we reimburse to you to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
Privacy
We are committed to preserving your privacy. The personal information you provide will enable us to provide you with the Goods you require. We will not transfer, disclose, sell, distribute or lease your personal information to third parties other than in accordance with our Privacy Policy. Please see our Privacy Policy for more information about our use of your personal information.
Information About Us
We are Brekbox, a trading name of Brekbox Limited. Brekbox Limited Company registered in England under Company number 13537244. Our registered office is at 181 Lower Road, London, United Kingdom, SE16 2XL.
Contacting Us
If you have any feedback or a complaint about a Brekbox product you have bought or if you have a query regarding a delivery, please contact us.
Other Important Terms
We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting details of the transfer on the Website if this happens.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
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.
The formation, existence, construction, performance, validity and all aspects whatsoever of these Terms or of any paragraph of these Terms will be governed by English law and you can bring proceedings in respect of the Goods in the English courts.