Terms and Conditions
These terms and conditions relate to goods which you offer to purchase from the Brandshop online store (“the website”). Please read these terms and conditions, which govern your use of this website and our supply to you of any goods which you offer to purchase through our on-line facilities. We will be unable to process any offer to purchase goods until you have done so. If there is anything you do not understand, please feel free to e-mail us at email@example.com, or phone us on +44 (0) 131-473-1000.
By making an offer to purchase, you agree to be bound by the whole provisions of the Agreement (as defined in clause 3.1 below) between you and us. If you do not accept these provisions you should not place an order. Your attention is drawn in particular to clauses 11 (limitation of liability) and 12 (indemnity).
You must be 18 years or older. By placing an order, you confirm to us that you are at least 18 years of age.
These terms and conditions may be changed at any time by us and we are not under any obligation to notify you of such changes.
In these terms and conditions:
"Commencement Date" means the date when our agreement with you is concluded (see clause 3.3);
"Confirmation Form" means the form that is shown on screen after you have placed an order, confirming details of the Goods which you have offered to purchase and which we have agreed to supply to you;
"Consumer" means an individual whose use of the Service is for personal purposes only, and not for use in connection with any trade, business or profession;
"Order Form" means the form completed by you online and showing details of the goods which you have offered to purchase from us;
"Goods" means the goods to be provided by us to you, as described in the Order Form and Confirmation Form and on the pages of our website relevant to those goods. (In the event of a discrepancy between the description of the Goods on the website and that on the Order Form Confirmation Form, the description on the Order Form or Confirmation Form shall be conclusive);
"we/us/our" refers to Brandshop, a company incorporated in England (registered number 3611337) and having our office at Brandshop, 11 Bankhead Broadway, Edinburgh, EH11 4DB, UK and "you/yours" refers to you, the person offering to purchase goods from us.
3. Your Agreement with Us
3.2 Nothing on our website is intended or shall be interpreted to mean that we are making a legal offer to you to provide the Goods; we are inviting you to make a legal offer to us to purchase the Goods. It is entirely at our discretion to accept or reject the offer to purchase.
3.3 The Agreement is concluded only when we have accepted your order by sending you a Confirmation Form (with the date of conclusion of the Agreement being the date shown on that Confirmation Form).
Payment can be made using any of the methods listed on this web site and will be debited when we have accepted your offer to purchase.
All prices are quoted in UK pounds Sterling and include VAT where applicable.
Our acceptance of your offer to purchase Goods is subject to their availability. Our acknowledgement of order acceptance via web or e-mail is not a guarantee of delivery. We will inform you if we are unable to deliver the Goods which you have offered to purchase and a full refund will be given.
All other terms and conditions are as per this page.
5. Delivery Details and Returns Policy
We accept returns via post or courier service.
If you are not entirely satisfied with your purchase you may return it for an exchange or refund provided it is returned within 28 days of purchase, in its original packaging and in perfect condition. In all circumstances, we will exchange the goods or refund you the amount which you paid for the goods. We will refund any costs to return the goods to us or the delivery charge. This policy is in addition to any statutory rights which you have as a consumer.
Goods must be adequately sealed in the original packaging. Please note that the Royal Mail may reject any package that is not adequately wrapped;
Fully complete the returns form online and enclose with the delivery package, this will ensure that you receive your refund or replacement goods promptly;
Please make sure that you have addressed the package clearly with the Brandshop office address.
Make sure that you get a certificate of posting from the Post Office as proof that you have sent the package (the Post Office do not charge for issuing these certificates),.
Send all returned items to: Brandshop C/O Len Lothian, 11 Bankhead Broadway, Edinburgh, EH11 4DB
6. Payment Options
We accept the following methods of payment
Credit Cards (Visa, MasterCard)
Payment may be made by any of the methods above and will be debited when we receive your order. The total amount you pay is the same, regardless of the payment method you use. Payment will be processed using the services of PayPal (Europe) Ltd.
Our prices include VAT where applicable.
8. Security & Data Protection
We are committed to protecting your privacy and the security of any information given to us in order for us to process your order.
Our Data Protection Policy
We will not gather or hold personal information about you unless you have given your express permission for us to do so. By placing an order, you will consent to the use of such personal information. Any personal information held or processed will be kept up-to-date and will be destroyed as soon as the reason for its collection or processing has lapsed. No personal data about customers will be passed to any third party, except to fulfil the delivery of the goods to you, and as is necessary to process credit or debit card payments. Your privacy and confidence will be respected at all times.
What Information is collected about you and how is it used?
When you place an order we need to collect your name, address, e-mail and telephone number as well as details of the method by which you intend to pay for the Goods. This information allows us to process your offer to purchase Goods and delivery of those Goods to you. We use your e-mail address to send you notification of the status of the order. We will contact you by e-mail or by telephone if any problems occur regarding delivery of the Goods to you. This information may be provided to third party service providers for the purpose of processing your offer to purchase the goods.
We will not sell or pass your details to third party organisations except for the purpose of processing your offer to purchase the goods.
By making an offer to purchase Goods you consent to the information you provide to us being processed for any of the above purposes.
Cookies are small pieces of information that are sent from your browser to our web server. On this web site, cookies may be used to keep track of the items you place in your shopping basket. We do not store any personal information in the cookie; they are designed only to collect information of an anonymous nature. We will not combine such anonymous information with your personal details.
The security of your transaction is important to us and to prevent any details being seen by unauthorised persons it is protected throughout the payment process.
9. Distance Selling Regulations
We are obliged by law to provide you, prior to the delivery to you of the goods which you have purchased, Once payment has been received and confirmed your order moves to the PROCESSING stage and can no longer be amended nor cancelled, with certain information in relation to those goods and your rights in relation to the agreement with us. This information appears throughout these Terms and Conditions, but is summarised in the Confirmation Form.
10. Right to Cancel this Agreement
Under the Distance Selling Regulations, you have seven working days from the Commencement Date ("the cooling-off period") in which to cancel this Agreement if for any reason you are not happy with the Goods which have been delivered to you. This cooling off period begins on the day after the day you receive the Goods from us. If you wish to cancel the Agreement, you must notify us of this fact in writing and send your notification to us by e-mail or post. Full contact details are set out below. On cancellation, you must return the Goods that we have delivered to you. On our receipt of the returned Goods, we will exchange the Goods or we will refund to you the price you paid for the Goods. Unless you originally received substitute goods, you will be liable for the costs of returning the Goods to us, and we will not reimburse you for this. You should post such Goods back to us as follows:
Brandshop C/O Len Lothian, 11 Bankhead Broadway, Edinburgh, EH11 4DB, United Kingdom
Goods must be adequately sealed in the original packaging.
fully complete the returns form included with the delivery package, this will ensure that you receive your refund or replacement goods promptly;
please make sure that you have addressed the package clearly with the above address. Make sure that you get a certificate of posting from the Post Office as proof that you have sent the package (the Post Office do not charge for issuing these certificates).
11. Limitation of Liability
IMPORTANT: THIS CLAUSE 11 CONTAINS PROVISIONS WHICH RESTRICT THE EXTENT TO WHICH WE ARE LIABLE TO YOU FOR ANY LOSS YOU MAY SUFFER IN CONNECTION WITH THE GOODS. PLEASE READ IT CAREFULLY AND DO NOT MAKE AN OFFER TO PURCHASE THE GOODS UNLESS YOU AGREE TO THIS CLAUSE.
Nothing in these terms and conditions is intended to exclude any provision of the Unfair Contract Terms Act 1977, or of the Unfair Terms in Consumer Contracts Regulations 1999, or of any other legislation designed to ensure that the rights of parties to a contract of the type of this Agreement (i.e. standard terms and conditions which are not individually negotiated) are fairly balanced.
Subject to the aforesaid, we shall not be liable to you for any loss or damage unless such loss or damage arises as a direct result of our negligence, recklessness or wilful misconduct, or fraud or misrepresentation on our part.
To the fullest extent permitted by applicable law, we disclaim all liability for our employees’ or sub-contractors’ negligence.
We may include links from time to time from our website to other internet sites. We have no control over the content of such sites and disclaim any liability in respect of your use of such sites.
All conditions, terms, representations and warranties relating to the Goods which are not expressly stated in this Agreement are hereby excluded to the fullest extent permitted by law.
Our total liability to you in respect of any claim by you arising out of or in connection with the provision (or the failure to provide) the Goods shall be limited to the value of the goods supplied.
No claim by you against us shall be valid unless you have notified us of the details of the claim within one year of it arising.
Every provision of this clause 11 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason any of these provisions is held inapplicable or unenforceable in any circumstances, and shall remain in force notwithstanding the expiry or termination of this Agreement.
IMPORTANT: IN THIS CLAUSE 12 YOU AGREE THAT YOU WILL BE LIABLE FOR ANY LOSS WE (OR CERTAIN PEOPLE CONNECTED WITH US) SUFFER AS A RESULT OF BREACH OF THE AGREEMENT BY YOU OR BY CERTAIN PEOPLE CONNECTED WITH YOU. PLEASE READ IT CAREFULLY AND DO NOT MAKE AN OFFER TO PURCHASE THE GOODS UNLESS YOU AGREE TO THIS CLAUSE.
You agree that you shall be liable for, and hereby agree to indemnify us on demand in respect of any and all demands, liabilities, losses, costs and claims (including reasonable legal fees) sustained or incurred by us, our agents, suppliers, resellers, our customers, officers or employees, and arising as a result of breach by you of this Agreement.
13. Website Content
We have used reasonable care and skill in compiling the content of our website but make no warranty, express or implied, as to the nature or accuracy of any material on the website and cannot accept liability for any particular material on the website or as a result of any use of or reliance placed upon information contained within the website. The Confirmation Form is conclusive as to the Charges and the description of the Service.
Although every effort is made to ensure complete accuracy, some prices or details shown on the website may change from time to time, and it is possible that errors will occur. We will use reasonable endeavours to rectify any errors as swiftly as possible.
14. Referral Program
In accordance with the Brandshop Referral Reward Scheme we will credit a members account with a £5 voucher to use as part payment on any purchase made from Brandshop Online Store once a referred friend has registered as a Member and made their first Online purchase.
Access to the Brandshop Club is permitted either via registration or via referral by a Member. Referral by a Member is limited to a restricted circle (friends and family) with whom the referring Member must be both effectively and physically acquainted, unless otherwise authorised in writing by Brandshop. Members may not use alternative email addresses to refer themselves or refer friends/family that use the same delivery and/or billing address as the Member. As a result, the mass recruitment of referred people who do not fall within this framework, for directly or indirectly profit-making purposes, or even free of charge, by any means including via a website, a blog, online advertising or magazines or forums, or by using the names of brands which work in partnership with the Website or by reproducing a part of the Website’s catalogue, is strictly prohibited.
If Brandshop should become aware of any irregularities by a Member in the use of its referral system, it reserves the right to take any appropriate steps to ensure that these irregularities cease, including without limitation, the deletion of the Member's account and/or removal of credits from the Member's account.
Any message associated with a Member referral, by which Members invite their friends to become Members of the Website, is for your personal and non-commercial use only. We do not pre-screen any messages posted onto the Website or associated referral emails, although we reserve the right to monitor messages from time to time. You are fully responsible for any material which you send to any person via the referral messaging service on the Website. You guarantee that any messages posted on the Website to be sent to a third party by us on your behalf will not contain any obscene, vulgar, rude, racist, threatening or defamatory language which may cause any distress to any person or be unlawful. Brandshop accepts no liability for any referral messages which do not comply with this condition. We reserve the right to remove the referral service at any time and to refuse to send or display messages entirely at our own discretion without prior notice or liability to you.
Brandshop reserves the right to terminate any referral rewards scheme at any time and will not credit any outstanding referred accounts that qualify for credit under the scheme after the scheme's termination.
15. Contact Details
If you have any queries about these terms and conditions, or any other aspect of our website, or you have a complaint, you can phone us on +44 (0)131-473-1000, or e-mail us at firstname.lastname@example.org or write to us at:
Brandshop,11 Bankhead Broadway , Edinburgh EH11 2AA , UK
We shall respond to any communication received by us as quickly as we can.
16. Law and Jurisdiction
The Agreement shall be governed by and construed in accordance with English law and you agree to submit to the non-exclusive jurisdiction of the English courts. You are responsible for compliance with any applicable laws of the country from which you access our website.