This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.brakeburn.co.uk (our site) to you. 

Please read these terms and conditions carefully before ordering any Products from our site.

You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

INFORMATION ABOUT US

Brakeburn, Worldwide Distributor - Jackson Distribution Ltd

Main Warehouse, 1 Willis Way

Poole, Dorset BH15 3SS, United Kingdom

We trade under the name Brakeburn.

OUR REFUNDS POLICY

Our standard returns policy is 28 days from the date of delivery.

For any sale item you wish to return, you have 14 days from the date of delivery to return this to us for a full refund.

Returns should be in their original and undamaged packaging.

We currently offer free returns for all UK orders. Any postage for returns made from outside of the UK will not be refunded.

They will still need to be in the original condition, and the return will need to be requested by the original purchaser.

Instructions on how to return your item to us will be included in your package. If you need any help with your return, please do not hesitate to get in touch.

When returning goods, for your protection we recommend that you obtain a proof of posting receipt from your Post Office, please keep your tracking number for reference, should your parcel take a while to get back to us.

Please note, we aim to process your returns within 5 - 10 working days of receiving your item back to us, but in particularly busy periods this can take longer. If you would like to find out the status of your return, please get in touch.

SERVICE AVAILABILITY 

Some restrictions are placed on the extent to which we accept orders from specific countries.  These restrictions can be found on our Serviced Countries page.

Your status

By placing an order through our site, you warrant that:

• You are legally capable of entering into binding contracts; [and]
• You are at least 18 years old;
• [You are resident in one of the Serviced Countries; and]
• [You are accessing our site from that country.]

How the contract is formed between you and us

After placing an order, you will receive an email from us acknowledging that we have received your order.  Please note that this does not mean that your order has been accepted.  Your order constitutes an offer to us to buy a Product.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (the Dispatch Confirmation).  The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation.  We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

LINKS

We may provide links on our site to the websites of other companies, whether affiliated with us or not.  We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely.  This DISCLAIMER does not affect your statutory rights against the third party seller.  We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

CONSUMER RIGHTS

As a consumer you have a legal right to cancel a Contract with us for goods purchased online or by telephone under the Consumer Contracts Regulations 2013 ("CCR") during a specific time period. 

• It is a customer's right to cancel a Contract during the period that begins on the date of dispatch and ends 14 calendar days from the day after the day you receive the products.
•  To exercise your statutory right of cancellation, you should contact us , informing us of your decision to exercise your cancellation rights, and by providing us with your details such as  your name, address, phone number and email address.
• If you cancel your Contract with us in this way, you should return the goods to us, in their original packaging wherever possible, within 14 days of informing us of your wish to cancel. 
• Provided you return the full order to us in accordance with the above timescale and process, you will be entitled to a full refund including the cost of delivery at our standard delivery rate. If you return only some of the items from your original order, we will not be able to refund your delivery charge. 
• If your order was cancelled before the goods were dispatched, we will process your refund within 14 days from receipt of your cancellation provided you have complied with the conditions set out in this Rights of Cancellation section. 
• Your Right of Cancellation does not apply in the case of those products which cannot be returned for hygiene reasons. These are swimwear (unless the hygiene strip is still in place), face covering, underwear and earrings or sets containing earrings.
• If you return goods to us, we will not be responsible for any loss or damage to them during transit and we recommend that you use a recorded or secure delivery method. If goods are lost or damaged in transit, we may charge you, or not refund to you, amounts that are attributable to the loss or damage.

AVAILABILITY AND DELIVERY

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days from the date of the Dispatch Confirmation, unless there are exceptional circumstances.

RISK AND TITLE

You will be responsible for the Products from the time they are delivered to you: the Products will be at your risk from the time of delivery.

Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

PRICE AND PAYMENT

The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.

These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.

Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced.  We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you.  If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.

Unfortunately, once you have placed an order, it cannot be amended, even to apply a promo code. You will need to cancel the order and place a new one.

We accept payment via Credit Card, Debit Card and PayPal.

OUR LIABILITY

We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased [and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us].

This does not include or limit in any way our liability:

For death or personal injury caused by our negligence;

Under section 2(3) of the Consumer Protection Act 1987;

For fraud or fraudulent misrepresentation; or

For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage [and which are not foreseeable by you and us], including but not limited to:

• loss of income or revenue
• loss of business
• loss of profits or contracts
• loss of anticipated savings
• loss of data
• loss of data, or
• waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise [, even if foreseeable];

provided that this clause 11.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1 or clause 11.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 11.4.

IMPORT DUTY

If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination.  You will be responsible for payment of any such import duties and taxes.  Please note that we have no control over these charges and cannot predict their amount.  Please contact your local customs office for further information before placing your order.

Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined.  We will not be liable for any breach by you of any such laws. Please contact us if your order does not reach you within 10 days so that we can investigate asap.

WRITTEN COMMUNICATION 

Applicable laws require that some of the information or communications we send to you should be in writing.  When using our site, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

NOTICES

All notices given by you to us must be given to Jackson Distribution Ltd at info@brakeburn.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above.  Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified e-mail address of the addressee.

Transfer of rights and obligations

The contract between you and us is binding on you and us and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

EVENTS OUTSIDE OF CONTROLS

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 events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

• Strikes, lock-outs or other industrial action.
• 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 or other natural disaster.
• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
• Impossibility of the use of public or private telecommunications networks.
• The acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

WAIVER

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.

SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

ENTIRE AGREEMENT

These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

LAW AND JURISDICTION

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

GIFT CARDS

Gift cards are not currently on sale however if issued as part of a competition or other please treat as cash and make sure to keep the original E-Gift Card email. 

The order confirmation receipt will always show the current balance of E-Gift Card used in the transaction. In addition, you can always check your current balance via the E-Gift Card link found in the original email. E-Cards can only be re-sent to the original email address provided to us in the original order.

Brakeburn E-Gift Cards are valid for 12 months from the date of purchase/ E-Gift Card original email delivery date. At the expiry of the validity period, the Brakeburn E-Gift Cards cannot be used for purchase, reactivated nor can the unused remaining value be refunded. 

Please note that if you're using the E-Gift Card as part-payment on an order and return any part or all of that order, the E-Gift Card will be refunded first before any other payment type. If the whole order is returned, the original balance of the E-Gift Card will be credited, and the remaining to the other payment type.

OFFERS AND COMPETITION TERMS