- While every effort will be made to comply with reasonable delivery requirements, the Company cannot be held liable for any delay in delivery due to circumstances beyond their control.
- In the event of goods being damaged on arrival or where there is any discrepancy between the quantities shown on the Delivery Note and the quantity actually received, the Company should be notified, in writing, within 3 days of delivery; otherwise this will be taken as a proof of the delivery of undamaged goods and stated quantities.
- To ensure optimum results, it is the Company’s condition of sale that its products are used according to the Company’s literature or written recommendations.
- Unless notified as 2. above, the goods will not be accepted back at the Supplier, subject to the Suppliers rights under 6. & 7. below.
- Prices charged will be those ruling on the day of delivery. The Company reserves the right to amend prices without prior notification.
- Legal and beneficial title to the goods shall not pass to the Customer but shall remain the property of the supplier until payment in full under the relevant invoice(s) shall have been made to the Supplier. The Supplier shall be entitled to re-possess any such goods at any time prior to payment in full and shall be entitled to have unrestricted access to any premises of the Customer for such purposes. Such entitlement shall be unaffected by the appointment of a Receiver or Liquidator if the Customer becomes insolvent, bankrupt, enters into liquidation or passes a resolution for winding up.
- Notwithstanding retention of legal and beneficial title by the Supplier, the risk in the goods shall pass to the Customer on delivery.
- The Company reserves the right, in the case of liquids, to deliver less or more than the quantity ordered by up to 5% and the Customer shall pay only for the quantity actually delivered.
- If the Customer does not promptly allow discharge or unloading of the ordered goods, the Customer shall indemnify the Company against any liability whatsoever, including, but not limited to, a liability to pay demurrage or similar payments owed to the owed to the owner/operator of the vehicle in respect of the consequent delay.
- All prices (unless specifically stated) are net and are not subject to any discount. Unless other terms have been specified by the Company, payment is due at the Company offices within 30 days of the invoice date.
- Interest at the rate of 3% per annum above Lloyds TSB Plc base rate shall be chargeable on the entire sum outstanding where payment is not made in accordance within Condition 10. Where the Customer defaults in payment, the Company shall be entitled to suspend any or all further deliveries.
- The Company reserves the right, at any time, to withhold credit facilities from or to limit the amount or period of credit it will grant to the Buyer.
- Where the Customer collects the goods from the Company (Cash & Carry), although the Company may inspect any collection vehicle used by the Customer, the Company shall not be responsible for any losses caused or claims made to the Buyer as a result of the unsuitability/inappropriateness of the vehicle in any respect whatsoever.
- Unless the Company has specifically confirmed to the Customer that the goods are suitable to be mixed with other goods, the Company accepts no liability for admixture of the goods with any other goods and it shall be the Customer’s sole and entire responsibility to ensure that the products concerned and the containers to be used are entirely suitable for such admixture and/or for the transfer of such.
- For the avoidance of doubt, under no circumstances whatsoever shall the Company be liable for losses special to the particular circumstances of the Buyer, indirect or consequential losses including loss of profits, damage to property or wasted expenditure. Further the Customer’s liability shall not exceed the contract price of the goods.
- The Company shall have the right to cancel or delay performance of the services or deliveries of the goods if it is prevented from or hindered in or delayed in manufacturing or delivering the goods or services or any part therof through any circumstances beyond its reasonable control, including but not limited to war, riot, government requisition of any kind, suspension or loss of means of transport, strikes, lock outs, labour disputes, fire, explosion, flood, accident, failure of a third party to supply the Company, breakdown of machinery or anything directly or indirectly interfering with the raw materials or the manufacture, supply, shipment, arrival or delivery of the goods.
- These Conditions of Sale shall be governed and interpreted according to the laws of England and shall be subjected to the jurisdiction of the English Courts.
Conditions of Sale for goods purchased online
Please read these Terms carefully and make sure that you understand them before ordering any product from our Website. If you do not agree to these Terms, you must cease using and accessing this Website.
Each of the following websites www.brinicombe.co.uk and www.brinicombe-equine.co.uk (each such website being referred to in these terms as the "Website") are owned by and operated by or on behalf of Denis Brinicombe Group Ltd ("Denis Brinicombe", "we" or "us").
If you have any questions regarding the Website or these terms and conditions, or in the unlikely event that you have any complaints about any products purchased by you from the Website, you can contact us:
by telephone: on 01363 775115 or
by post to: Denis Brinicombe Group Ltd, Fordton Industrial Estate, Crediton, Devon. Company Registration Number 4309124.
VAT Registration Number 785416695.
2. Promotional OFFER TERMS AND CONDITIONS
From time to time we run promotions and offers on selected products or lines ("Promotional Offers"). All qualifying Promotional Offers will be automatically applied to your order in accordance with the terms of the Promotional Offer including the following terms and conditions:
- they are only valid on full-priced items and cannot be used on sale or promotional items which are already discounted (unless otherwise stated);
- they cannot be used in conjunction with any other offer;
- they are valid for a limited period of time and only for the products as specified in any marketing communication on the website highlighting the relevant Promotional Offer and they cannot be used outside of that period;
- if an item is returned which brings the amount spent below any qualifying level, the offer value may be deducted from any refund; and
- all orders are subject to stock availability and we reserve the right to withdraw, amend or extend Promotional Offers at any time, without prior notice.
Please Note: We are unable to deliver to countries outside of the UK, unless we have given our prior written agreement and the appropriate delivery charges have been applied and paid for by you.
All prices quotes on the Website are exclusive of delivery charges. The standard or priority delivery charge will be added to your order at the "Shipping & Payment Method" section of the checkout (depending on which delivery service you have selected).
Our current delivery rates within the UK are as follows:
- Standard Delivery: £4.95 and is usually delivered between 2 and 3 working days from receipt of an order placed by midday of the preceding day.
- Priority Delivery: £5.95 and is usually delivered on the next working day from receipt of an order placed by midday of the preceding day.
All timescales quoted for delivery are estimated delivery dates only and will vary depending on the availability of the products and your physical address. Deliveries may be subject to change caused by events outside of our control.
We do not accept liability to you for any loss or damage (whether direct or indirect) (nor shall we be deemed to be in breach of these Terms or of any other contract with you) for early delivery or for delivery which takes place after the estimated date for delivery.
If we are unable to deliver the products for any reason by the estimated delivery date we will use reasonable endeavours to contact you to discuss and agree what you wish to do and what we may be then able to provide and within what time scale. If we cannot agree with you what to do in such circumstances we each have the right to give written notice to the other party to walk away from the contract and cancel it without liability for either of us.
By placing an order for the delivery of products via this Website you are making an offer to us to purchase the products detailed in your order upon these terms.
Once you have placed an order for products we will send you a confirmation email that your order has been received but this is not a confirmation that your offer to purchase the products (or for them to be delivered) has been accepted. A contract between you and us for the sale and delivery of our products will only exist once an order has been accepted, processed and despatched to you with the Dispatch Note.
Your credit/debit card/PayPal account will be authorised when your order is placed and processed but you will not be charged for the value of the products until the point that they are despatched to you. This does not affect your statutory rights.
5. CONFORMITY OF GOODS
We take every care to ensure that the description and specification of our products are correct. However, specifications and descriptions of products on this Website are not intended to be binding and are intended only to give a general description of the products.
6. STOCK AVAILABILITY
We endeavour to display through this Website all items in our current range. Occasionally an item may go out of stock. If this arises we will use reasonable endeavours to contact you to discuss when and if any such stock may become available. If we cannot agree with you what to do in such circumstances we have the right to give written notice to you to walk away from the contract and cancel it without liability for either of us.
We guarantee that on delivery and up to the expiry of the shelf life date stamped on the products, the products shall be free from material defects. However, this guarantee does not apply:
- to wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
- if you fail to operate, store or use the products in accordance with any user and storage instructions;
- if you or a third party mix the products with other products (unless we've specifically authorized this in writing).
7. YOUR RIGHT TO CANCEL
You have a right to cancel your order for any reason in writing within 14 days of receipt of your products and receive a refund of all charges for the products and the delivery charge. You will then need to return the item(s) to us at Denis Brinicombe Group Ltd, Fordton Industrial Estate, Crediton, Devon.
Unless your products are faulty, any parcels you return to Us by post are your responsibility and are returned at your own cost. We recommend that you obtain 'Proof of Posting' for you own peace of mind.
8. RETURNS POLICY
You may return unwanted products to us within 30 days of receipt of your order. We will be happy to offer you an exchange or, if you wish, a refund provided that the products are returned complete, in perfect condition, unused and with the original packaging. Items can be returned outside this period if they are found to be faulty but please note the restrictions in clause 8 and take extra care to read our product use instructions and any specific user or storage instructions provided with your item(s).
We cannot accept an item returned as faulty if the appropriate product care instructions have not been followed and the damage caused to the product is clearly due to misuse. Unless you believe your products are faulty, we are unable to accept returns of items if the sealed packaging has been opened. Return of an item is at your own cost unless the item is faulty.
Please provide proof of purchase when returning an item. If you are unable to provide proof of purchase, an exchange to the value of the lowest-selling price for the returned products will be offered. A refund will be offered regardless if the products are faulty.
Please enclose your completed returns form on the reverse of your Dispatch Note.
Please note that we are not able to offer a refund on delivery charges.
Prices and availability of products are subject to change without notice but price changes will not affect orders that we have confirmed with you.
All prices quoted on this Website are accurate at the time of publication, are quoted in pounds sterling and where appropriate are inclusive of UK sales tax (VAT) at the current rate.
10. USE OF WEBSITE
These terms and conditions together with our Privacy Statement http://www.brinicombe.co.uk/privacy-statement or any other policy referred to in these terms and conditions ("Terms") apply to your use of and access to the Website. These Terms will apply to any contract between us for the sale of any product including any order placed by you for any product over the Website.
You agree that the information you provide when placing an order is true and accurate in all respects. We only use your personal information for the purposes detailed in our Privacy Statement http://www.brinicombe.co.uk/privacy-statement (e.g. dealing with orders and accounts, processing payments). You will notify our customer service team of any changes to that information.
Terms may be changed and updated from time to time and any changes will be effective from the publication of the new terms on the Website. Every time you wish to order products, please check these Terms to ensure you understand the terms which will apply at that time.
Whenever you make use of a feature such as 'Share Your Story' that allows you to upload information and content to our Website, or to make contact with other users of our site, you must comply with these Terms and any applicable law. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site and you hereby agree to be responsible to us for and indemnify us and keep us indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by us as a result of any claim in respect of your use of the Website.
Any content you upload to our Website will be considered non-confidential and non-proprietary. We have the right to use, copy, distribute, reproduce, exploit, modify, alter and/or disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights or of their right to privacy.
We may deny you access to the Website at any time at our sole discretion if we believe that your use of the Website is in violation of any of these Terms, any law or the rights of any third party or was not respectful to others.
Further, we will not be responsible nor liable for your use of any other websites which you may access via links within this Website. We do not control these websites and are not responsible for their content. Any such links are provided merely as a service to users of this Website and their inclusion in this website does not constitute an endorsement by or affiliation with us.
11. Important please read: our liability to you
If you are a consumer and we fail to comply with these Terms, we are responsible for reasonable loss or damage you suffer in connection with the use of this Website, or the supply or use of the products that is a natural, foreseeable result of our breach of these Terms or of 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.
In any event, we will have no liability to you for any loss of profit or loss of saving, loss of enjoyment, loss of or damage to reputation or goodwill, loss of business, business interruption, or loss of business opportunity.
By placing an order on our Website, you understand and accept that our total liability to you in respect of all other losses arising under or in connection with these Terms including damage to personal property, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 125% of the price paid for the products under any Order that is the subject matter of a dispute.
If you are a business, We exclude all liability to you to the greatest extent permitted by law and we shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit or loss of savings, loss of enjoyment, loss of or damage to reputation or goodwill, loss of business, business interruption, or loss of business opportunity, or any indirect or consequential loss arising under or in connection with the Contract and our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 125% of the price paid for the Goods under any Order that is the subject matter of a dispute.
The limitations of liability in these conditions shall apply equally for our benefit and any other associated company of Denis Brinicombe as if references to we/us or Denis Brinicombe included references to each such associated company.
We will not be liable to you or be deemed to be in breach of these Terms or any other contract with you by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond our reasonable control.
We may assign or transfer any of our rights or sub contract any of our obligations under these Terms to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these Terms except with our written permission.
No person who is not a party to these Terms shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.
12. COPYRIGHT AND TRADEMARK
The contents of these pages (including pictures, designs, logos, photographs, text written and other materials) are the copyright trademark or registered trademark of us or our content and technology providers or their respective owners. ALL RIGHTS RESERVED. The copying, modification, distribution, reproduction, or incorporation into any other work of part or all of the material available on this Website in any form is prohibited save that you may:
Copy, print (one copy only) or download extracts of the material on this Website for the sole purpose of using this Website in good faith for domestic purposes or placing an order with us; and
Copy, print (one copy only) or download the material on this Website for the purpose of sending to individual third parties for their personal information provided that you do seek no commercial advantage or benefit from so doing and you acknowledge us as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them.
13. LAW AND Jurisdiction
To the extent it is possible to exclude the application of other laws and regulations, these Terms and your use of our Website are governed by English law and you agree to submit to the exclusive jurisdiction of the English court.