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Please be sure to read, and make sure you understand, the Terms and Conditions prior to using the Platforms and placing an Order with Brora. By using our Platforms (for example www.brora.co.uk), you agree to be bound by the Terms and Conditions.
The following definitions shall apply to these Terms & Conditions:
"EU" means a European Union member state, which for the time being includes the UK.
"Non EU" means any other country that is not an EU member state.
"Order" means an online transaction made by you via the Platforms for one or more Products, to which these Terms and Conditions apply.
"Personal Information" means the details you provide to us when you use the Platforms, such as your name, e-mail address, billing address, delivery address, telephone number, Product selections, credit card or other payment information and a password.
"Platforms" means any digital way of accessing the Brora store and includes the website located at www.brora.co.uk or any subsequent URL which may replace.
"Product" means a product displayed for sale on the Platforms.
"Product Description" means the section displayed on the Platforms where certain terms and conditions in respect of the individual Product are provided which shall include, but not be limited to, all details, prices (cost of the Product and delivery charges), photographic representations and descriptions of a Product. It shall also include, where appropriate, specific delivery dates and times, warranties, after-sales service and guarantees about that Product.
"Brora Account” means your personal customer account set up by you on the Platforms.
"Terms and Conditions" means these terms and conditions.
"We", "us" or "Brora" means Brora Ltd. Please note, that when arranging delivery of your Order, Brora may instruct a third party courier or postal carrier to deliver it to you. However, Brora will ultimately be responsible for managing the delivery of your Order, so for the purposes of these Terms and Conditions, all references to "we", "us", or "Brora", will be taken to include such third parties.
"UK" means, for the purposes of these Terms and Conditions, England, Wales, Scotland and Northern Ireland.
"Users" means the users of the Platforms collectively.
"You" means a user of the Platforms.
1. Using the Platforms
The Platforms provided solely for your personal use. To place an Order on the Platforms you must be at least sixteen (16) years old. You may not use the Platforms for any commercial purpose. We reserve the right to make changes to any part of these Terms and Conditions from time to time, so please ensure you check the latest version. We may modify or withdraw the Platforms (or any part of them) temporarily or permanently, and we shall not be liable to you or any third party for any modification to, or withdrawal of, the Platforms and you agree to use the Platforms on this basis.
All text, graphics, photographs, logos, trademarks, artwork, sounds, music, user interfaces, visual interfaces and computer code (the "Content") belongs to Brora (or is licensed to Brora). This Content includes, but is not limited to, the design, structure, selection, coordination, expression, "look and feel" and arrangement of it. The Content is protected by copyright, trademark and other intellectual property rights and you are not permitted to copy, reproduce, republish, upload, post, publicly display, translate, transmit or distribute this Content in any way without Brora’s prior written permission.
You agree that any information you submit to the Platforms including Personal Information shall be accurate. If you submit to the Platforms any communication, idea or materials which may attract copyright or other intellectual property rights you agree that this shall become Brora's property. You agree that anything you submit shall not infringe any right of any third party, nor contain anything libellous or otherwise unlawful, abusive or obscene nor constitute an invasion of privacy. As such, you are and shall remain solely responsible for the content of any submissions you make on the Platforms and we reserve the right to remove any material you have placed on the Platforms or to deny you access to the Platforms at any time in our sole discretion.
You must not establish any link to the Platforms to suggest any form of association, approval or endorsement on our part where none exists or establish a link from any website that is not owned by you. The Platforms must not be framed on any other site, and you may not create a link to any part of the Platforms other than the home page.
While we endeavour to verify the accuracy of any information we place on the Platforms, we make no warranties (whether express or implied) in relation to its accuracy. The Platforms are 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 Platforms, or any transaction that may be conducted on or through the Platforms, 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.
We make no warranty that the Platforms 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, and reliability of the Platforms. We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Platforms.
The Platforms may contain links to other websites or applications, which are not operated by Brora. When you activate any of these you will leave the Platforms and we have no control over, and will not accept any responsibility or liability in respect of, the material on any website or application which is not under our control.
2. Brora Account, Personal Information and Security
When you register for a Brora Account, you agree that:
a) The Personal Information which you are required to provide when you register as a customer is accurate; and
b) If any of your information changes (for example you change address) please let us know by updating your Brora Account online or contacting our Customer Services team by calling 03456 599 944 (+44 3456 599 944 from overseas) or emailing email@example.com.
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.
You are responsible for keeping your Brora Account and Personal Information confidential. Please notify us immediately of any unauthorised use of your Brora Account or Personal Information and, any breach of security or misuse, or suspected breach of security or misuse of such. Please ensure that you sign out from your Brora Account at the end of each session if you use a shared computer. We will not be liable for any loss or damage arising from your failure to comply with this clause.
3. Our Products
We will take all reasonable care to ensure that all Product Descriptions are correct. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our Products. What you see will depend on your computer equipment, screen or monitor and we are therefore unable to guarantee that a Product's images are an accurate representation of the actual merchandise. Please refer to our Returns Policy if you are unhappy with your Order.
Products are subject to availability. We will do our best to remove any Products which have sold out at the earliest opportunity. As there is a delay between the time when your Order is placed, and the time when the Order is accepted, the stock position relating to a particular Product may change. If a Product you have ordered becomes out of stock before we accept your Order, then Brora shall not be liable to you for being unable to provide that Product. If such a situation arises, then we shall notify you as soon as possible and you will not be charged for the out of stock Product.
We endeavour to ensure that all Products on the Platforms are available at the same price in all our stores. However, from time to time we may offer additional discounts for purchases made via the Platforms that do not apply in-store, or vice versa. Additionally, Products offered as sets on the Platforms may not be offered as part of a set in-store and individual prices may apply.
Any coupon, discount, offer or promotional discount offered on the Platforms is valid only for use as part of a purchase made via the Platforms, unless otherwise stated and subject to availability.
Product prices shown on the Platforms are in British Pounds and are inclusive of UK value added tax ("VAT") (where applicable), at the appropriate rate. Product prices shown on the Platforms may change from time to time. Please also be aware that the price of a Product may change at checkout if it is subject to any taxes, duties, fees, levies or delivery charges applied in the country you have selected for delivery of your Order.
Although we try to ensure all our Products' prices displayed in the Product Description are accurate, errors may sometimes occur. If we discover an error in the price of a Product you have ordered, we will be unable to accept your Order and shall contact you as soon as possible in order to give the option of either reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat your Order in respect of the incorrectly priced Product as cancelled.
All Product prices shown on the Platforms are inclusive of any applicable UK VAT. Where you have requested delivery of your Order to an EU country, the total cost of your Order will include UK VAT. Where you have requested delivery of your Order to a non-EU country, the total cost of your Order will not include UK VAT. Any customs or import duties levied once the package reaches your destination country will be your responsibility as we have no control over these charges and cannot predict them.
You will be the importer for the international delivery of your Order (i.e. any Order delivered to a country other than the UK). Therefore, before placing an Order, it is your responsibility to check that the Products you are planning to import comply with state and federal government import regulations, and that there are no local requirements or restrictions which may affect receipt of your Order. If any customs requirements apply or charges are due, you agree to be responsible for these.
5. Order Process
The technical steps to place your Order and create a contract of sale between you and Brora are, as follows:
a) You place an Order on the Platforms by pressing the 'Buy Now' 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 Platforms.
b) We will send you an email confirming your Order which will detail the Product(s) (including their Product Descriptions) that you have ordered. This email does not constitute an acceptance of your Order by us.
c) As your Order is shipped by us we will send you a dispatch confirmation email. Please note, that we may also send you an SMS to notify you that your Order has been dispatched. Alternatively, in relation to our 'Collect in Store' service, we will send you an email to confirm that your Order is ready for collection. Upon sending either of these emails, your Order will be taken to have been accepted by us unless we have notified you that we do not accept your Order, or you have cancelled it.
d) Subject to us having accepted your Order, we will then arrange for delivery of it to you at your nominated address or make it available for collection through our Collect in Store service.
Your Order is subject to English law. Your Order will be complete and the Product(s) in your Order will then be owned by you (and so risk of loss or damage to such) will pass to you in the first instance of either of the below taking place:
a) the date on which we receive payment in full for the Product(s); or
b) the date and time of collection of it from a 'Collect in Store' collection point, in a Brora store or delivery by us to your nominated address.
We shall be entitled to supply Products ordered as part of one Order separately. This may mean that Products are dispatched or available for collection separately. There may be certain circumstances where we can supply only part of an Order.
Non-acceptance of your Order (or parts of your Order) may be due to any one or more of the following non-exhaustive reasons:
a) A Product you ordered is out of stock;
b) We are unable to obtain authorisation for your payment;
c) We have identified an error with a Product Description;
d) You are not eligible to order a Product, as set out in clause 5 above;
e) There is a system or procurement failure;
f) You fail our customer validation checks; or
g) There are restrictions (legal or otherwise) or practices in relation to a Product which prevent us from being able to sell or deliver it to you.
6. Payment and payment methods on the Platforms
You can currently pay in British Pounds
We accept payment for Orders by Maestro, MasterCard, Visa, Visa Debit, American Express, Solo, Electron, PayPal, gift cards and e-vouchers. Gift cards and e-vouchers can only be used for orders in British Pounds.
If you choose to pay for your Order using a payment card with a currency denominated account that is different from the currency you are paying in, your payment card will be charged in the payment currency at the foreign exchange rate applied by your relevant payment card provider or bank at the time of processing your Order. Your international payment card provider or bank will determine the foreign exchange rate and may add an additional processing or administration charge which you will be liable to pay.
By placing your Order and making an offer to buy a Product, you authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity; to validate your credit card; to obtain an initial credit card authorisation; to protect you and us from fraud; and to enable us to arrange delivery of your Order to your nominated delivery address.
7. Gift Cards and e-vouchers
Brora gift cards can be exchanged for products in all Brora stores and can also be used to purchase Products via the Platforms or over the telephone.
A gift card cannot be exchanged for cash or refunded. If the Products purchased online total less than the value of your gift card, any balance will be left as credit for you on your gift card.
When redeeming a gift card via the Platforms or over the telephone, you will be required to give the serial number on the gift card.
If your gift card becomes accidentally damaged or if you have any issues with using your gift card, please contact Brora Customer Services or call 03456 599 944 (+44 3456 599 944 from overseas).
8. Brora Employees
Brora employees ordering products from the Platforms, and who are entitled to staff discount, agree that they have read and adhere to the terms and conditions of the Brora staff discount policy. Employees with any questions about this discount policy please contact your HR department.
You must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your Order is going to, but also the name of its recipient. We will not be liable for the delivery of your Order as a result of you supplying us with incomplete or inaccurate information. Parcels may require a signature on delivery. Please note that delivery of your Order may take longer during sale or other busy periods.
Please note, if you choose to use any of our delivery partners’ personalised services (including but not limited to having your parcel delivered to a neighbour or left in a safe place), Brora shall not be held liable for any items which are lost, damaged or delayed.
We will make every effort to deliver your Order within the estimated timescales. However delays are occasionally inevitable due to unforeseen factors or events outside our control, for example, material shortages, travel or transportation disruption, import delays or higher than anticipated demand. Brora shall not be liable for any delay or failure by us to deliver your Order within the estimated timescales as a result of such delays.
You may select the international delivery option at the end of the checkout process, and by specifying a delivery address outside of the UK. We will notify you of the international delivery charge(s) applicable to your Order at checkout and the amount will be added to the total amount of your Order. Delivery lead times of your Order to an international address will vary according to its destination. Please see our Dispatch and Delivery section for more information.
In the unlikely event of any issue arising in respect of your delivery, this must be reported to Brora within 24 hours of delivery and all packaging should be held for inspection if a claim needs to be raised with our carrier. Failure to report any issue straight away and/or packaging not retained may mean we are potentially unable to instigate an investigation.
Brora will not be held liable for any parcels delivered incorrectly where the above has not been followed.
10. Brora ‘Collect in Store'
Brora 'Collect in Store' is a complimentary delivery service available to all our stores (excluding Edinburgh Airport). Orders placed using our ‘Collect in Store’ service will be treated as a UK Order and will include UK VAT.
We will make every effort to make your Order available for collection within the estimated timescales. However delays are occasionally inevitable during sale or other busy periods or due to unforeseen factors or events outside our control, for example, extreme weather, a flood or fire. Brora shall not be liable for any delay or failure to make your Order available for collection within the estimated timescales.
After you have received an email from us notifying you that your Order is ready for collection, please collect your Order from the relevant store where you asked for your Order to be sent.
When collecting your Order from a store please make sure that you bring photographic identification and your order number which can be found on your 'ready for collection' email.
You can ask a friend to collect an Order on your behalf, but please make sure that they have a copy of your 'ready for collection' email as well as their own photographic identification.
If you fail to collect your Order within seven (7) days of your collection date, your Order will be returned to Brora and will no longer be available for collection. Please note that in relation to certain Products this period may be shorter and we would advise that you check a Product's Description for further details. If you fail to collect your Order within the set period of time then we will automatically refund the original purchase price of your Order. Please refer to our Returns Policy for more information.
You have a statutory right to cancel your contract of sale at any time up to fourteen (14) days after the day on which you receive your Order. If you place an Order for several Products and they are delivered separately then your fourteen (14) days will start the day after you receive the last Product in your Order. You need to return the item within fourteen (14) days after the day on which you receive or collect your Order in order to receive a refund. For information on refunds please see our Returns Policy.
If, for any reason, you wish to cancel your contract before your Order has been dispatched or you have been notified that it is available for collection, then you need to let us know. You can do so by contacting Brora' Customer Services team or by calling 03456 599 944 (+44 3456 599 944 from overseas). Once we have received notification from you of your wish to cancel your contract, subject to any monies having been taken from you, provided the items have not been dispatched then we will refund you the original purchase price and delivery charge for your Order within twenty eight (28) days. For more information, please see our Returns Policy.
It may not always be possible to stop an Order from being dispatched or made available for collection. If you decide to cancel your contract and your Order has already been dispatched or you have been notified that it is ready for collection, then you need to let us know and return the Product within fourteen (14) days from the day after you receive or collect your Order. You can notify us by using any one of the options identified in clause 11.2 above. Please refer to "How to return an Item" in our Returns Policy.
12. Returns Policy
Products must be returned in a saleable condition within fourteen (14) days of receiving your Order. Products must be unused and in their original packaging with garment tags and any other security devices or seals still attached and intact when they are returned to us. We reserve the right to consider the condition of any Product that you wish to return and make any deductions if there are indications that the Product, its tags, security devices or seals have been used, removed, broken or tampered with.
Please note that your right to cancel or return a Product does not apply to certain types of Products. The following list provides a non-exhaustive list of the types of Products you cannot cancel or return:
a) Products which are bespoke, have been made to measure, altered, or personalised to your specification;
b) Gift Boxes
c) Pierced jewellery
Where lingerie, swimwear, cosmetics and earrings are protected by hygiene seals, you are required to take reasonable care by not removing the hygiene seals. Refunds will not be provided if the hygiene seals have been removed, broken or tampered with.
Please note that clauses 12.2 and 12.3 do not apply to faulty or incorrectly supplied Products where your statutory rights are unaffected.
How to return an item
Process and payment for returning an Order by post
If you wish to return your order then please follow the steps below:
a) Complete the returns form on the reverse of your invoice that accompanied your Order and fill in the relevant sections to indicate which Product(s) you wish to return. Please be sure to indicate the quantity of a particular Product that you are returning to us as well as the reason for your return. Please select one of the appropriate "return codes" (as described on the returns form) to indicate the reason for your return.
b) Having completed the returns form, please detach it from your invoice which should be retained for your own records and be sure to include it in your returns package along with the relevant Product(s).
c) Please use the returns address label (found at the bottom of your invoice) and attach it to the outside of your returns package. Please note that Brora cannot be liable for any Products that go missing as a result of your failure to use this label. Please ensure the barcode is not obstructed as this will be scanned when your returned parcel is received and will generate an automatic email address (if one is held on your account) to let you know we have received your parcel.
You can also return your Order to a Brora store. Please ensure that you bring the detached returns form on the reverse of your invoice that accompanied your Order when returning an Order to one of our stores.
13. Refunds policy
Refunds on UK and EU Orders
Within twenty eight (28) days of us receiving your Order back by post, we will refund you the original purchase price, provided that you return the Product(s) to us in a saleable condition.
Refunds will be issued back to you as follows:
a) If you paid for your Order using a credit or debit card then your refund will be made back to the same card irrespective of whether you return your Order via post or to one of our stores. This will appear in your account within five (5) days depending on your card issuer.
b) If you paid for your Order using your PayPal account your refund will be made back to your PayPal account (this may take up to 10 days). If you return by post then your refund will be processed back to your PayPal once we receive and process the Order.
c) If you paid for your Order using a gift card and returned it to us, then the refund will be made back to you via a credit voucher which will be emailed (if an email address exists on your account), if no email address is held, we will post your credit voucher to you.
Refunds on a Non-EU Order
If you placed your Order online and paid for it to be delivered to a Non-EU country, then within twenty eight (28) days of receiving your Order back by post we will refund you the original purchase price for your Order, provided that you return the Product(s) to us in a saleable condition. Please note that we will not refund the original delivery charge or any applicable local customs duties charged to you at checkout and paid to your local customs authority. Certain countries permit refunds of customs duties paid on Products you subsequently return. However, you will need to apply to your local authority to process that.
Promotional discounts and refunds
If a promotional discount applied to your Order originally, then the same discount will be applied to each Product of your Order that you return. This means that you will only be refunded the amount that you originally paid for your Order or any given Product. Further, any free promotional gift given with an Order must also be returned if you are returning the Product(s) to which the gift related. When returning discounted products online, the usual 14 day returns policy applies to allow you time for returning the products.
*Terms & Conditions: Not valid on clearance items. Offer ends Sunday 31st March 2019.
14. Liability and Indemnity
If the fulfilment of an Order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, or you fail any of our fraud detection or anti money laundering detection checks, Brora has the right to stop or cease to fulfil the Order (or part thereof) at any time and shall incur no liability in such circumstances.
You have certain rights as a customer, including legal rights relating to faulty or misdescribed goods. For further information about your legal rights in the United Kingdom, contact your local authority Trading Standards Department or Citizen's Advice Bureau. Nothing in these Terms and Conditions will affect these legal rights and, in particular, we will perform our obligations under these Terms and Conditions with reasonable care and skill.
Any Orders delivered to you will be of satisfactory quality. However, if we deliver an Order that is not of satisfactory quality, you can:
a) contact us for a full refund within thirty (30) days of delivery; or
b) contact us for a repair or replacement.
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 Terms and Conditions for any direct, special, incidental, indirect or consequential damages including loss of profit, loss of opportunity or any losses related to any business including (without limitation) lost data, earnings or business interruption that result from the use of, or the inability to use, the material or Content on the Platforms, a Product, or the conduct of other Users of the Platforms, even if Brora has been advised of the possibility of such damages.
You agree to fully indemnify, defend and hold harmless Brora, our agents, officers, directors, employees and suppliers, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions by you or any other liabilities arising out of your use of the Platforms, or the use by any other person accessing the Platforms using your Brora Account and/or your Personal Information.
Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees.
We may change these Terms and Conditions at any time. If any clause of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that clause shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remainder of these Terms and Conditions which shall continue to have full force and effect.
We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any clause of these Terms and Conditions.
The Platforms may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Platforms and any transactions conducted on or through the Platforms. These Terms and Conditions are governed by English law and are subject to the exclusive jurisdiction of the English courts.
The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from these Terms Conditions such that no third party may claim any rights under these Terms and Conditions.
Dispute Resolution (EU resident customers only). The European Online Dispute Resolution platform www.ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest if there is a dispute we cannot resolve between us. For more information please contact Customer Service.
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Platforms, 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 the Platforms. 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.
These Terms and Conditions govern our relationship with you and supersede any and all preceding and contemporaneous agreements between you and Brora. Any waiver of any provision of the Terms and Conditions will only be effective if in writing and signed by a Director of Brora. You confirm that, in agreeing to accept the Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a clause of these Terms and 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.
16. Comments and Complaints Procedure
Please contact us if you have any comments or complaints by contacting our Customer Services team or by calling 03456 599 944 (+44 3456 599 944 from overseas).We will always endeavour to resolve any dispute as swiftly as possible.
17. Our details
- Brora LTD is registered in England with company number 04166712. Its registered office is Units 5 & 6 The Orbital Centre Cockerell Close, Gunnels Wood Road, Stevenage, Hertfordshire, SG1 2NB. Our customer service details are: telephone 03456 599 944 (+44 3456 599 944 from overseas).