Terms and Conditions

Brush-Baby Terms and Conditions

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.brushbaby.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.

You should print a copy of these terms and conditions for future reference.

Please click on the button marked “I Accept” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

1. Customer Services Page

1.1. We aim to give you 100% satisfaction in both the quality of our products and ours services. Please use the following links to find the answers to any questions you may have. If you can’t find an answer please contact us at info@brushbaby.co.uk

Or Call: 0845 520 2229

Monday to Friday – 9:30am to 5pm

2. Information about us

2.1. www.brushbaby.co.uk is a site operated by Brushbaby Limited a company registered in England and Wales under company registration number: 6391434 with our registered office at 25 St Thomas Street, Winchester, SO23 9DD. Our main trading address is The Old Dairy, East Lane, Ovington, Hampshire, SO24 0RB.

3. Service availability

3.1. Our site is only intended for use by people resident in the United Kingdom, Middle East and Europe (Serviced Countries). We are restricted and do not accept orders from individuals outside those countries.

4. Your status

4.1. 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.

5. Details we require

5.1. We need to collect the following information from you in order to process your order and notify you of the status of your order.

a) Your name

b) Company Name (where applicable)

c) Delivery Address

d) Email address

e) Credit or Debit card details

5.2. We will never collect sensitive information about you without your explicit consent, however additional information you may provide us with may be used to personalise your visits to our web site.

5.3.When you visit our website we may use a cookie on your browser. This helps us to understand how you interact with the pages of our website, what you find interesting and what you do not. This information is for our use only and we do not disclose or share this information with any third parties. If you do not wish this to happen, you can change the cookie settings in your browser.

6. Illegal Acts

6.1. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.

7. Security

7.1. We are committed to the security of our customers. Your online purchases take place in a secure environment using up to date security technology that protect all our customers. Any credit or debit card information you supply to us for your transactions are kept secure and private.

7.2. If for any reason you are worried about security we would be pleased to receive your order over the phone. You can call our order line on: 0845 520 2229.

8. Formation of Contract

8.1. The display of items for sale on the BrushBaby website is only an ‘invitation to treat’ only and not an offer to sell at the price indicated. Please make your offer to buy at the price indicated by completing our online order form, accepting our terms and conditions and submitting your electronic order.

8.2. We will then send you an email acknowledging the successful receipt and processing of your order. Please note that this does not mean your order has been accepted. Your order constitutes an offer to us to buy a Product. This acknowledgement will include details of your order, including your chosen delivery address and an order number. The acknowledgement is subject to stock availability and does not constitute a binding contract.

8.3.All orders are subject to acceptance by us. The contract between us (Contract) will only be formed when we dispatch the Product to you together with the Dispatch Confirmation. You may want to file or print it to keep for future reference.

8.4. 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.

8.5. If we do not accept your order for any reason we will inform you of the change by e-mail. Any payment will be refunded to you.

8.6. BrushBaby Ltd is free to withdraw from any prospective contract at any time prior to the acceptance. This also applies in the case of any error or inaccuracy in respect of the goods or services, any description applied to the goods or services, the availability of the goods or services, or the order itself. Price and availability information is subject to change without notice.

9. Methods of Payment

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

a) We accept

Credit cards: Visa and MasterCard

Debit Cards: UK Maestro, UK Visa Delta, UK Electron, UK Solo

Commercial cards: Visa & MasterCard

b) We will not charge your card until your order is despatched.

9.2. We accept cheques by post only. Cheques should be made payable to BrushBaby Ltd. Please put your name and address on the back. You should allow seven days for your cheque to clear. Your order will then be despatched.

9.3.All our prices are quoted in British pounds sterling (£) and are inclusive of UK sales tax (VAT) as amended from time to time but exclusive of delivery costs which will be added to the total amount due as set out in our Delivery Guide. Orders sent to within the European Community (EC) will also include VAT. Orders sent outside the EC will have no tax.

9.4. All payments must be made in British pounds sterling.

9.5. All overseas orders must be paid by credit card.

9.6. Orders from the Middle East, Channel Islands are not subject to VAT.

9.7. If we do not accept your order for any reason we will inform you of the change by e-mail. Any payment will be refunded to you.

9.8. 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.

10. Consumer rights

10.1. If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10).

10.2. To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

10.3.Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.

11. Delivery Information

11.1. We will despatch in-stock items the next working day. We aim to deliver in 3-5 working days from despatch but during busy periods it may take a little longer. Overseas orders may take up to 2 weeks to be delivered.

11.2. Delivery within the UK is free of charge on orders of goods worth over £10 in value only.

11.3. For deliveries outside the UK, also the Scottish Highlands, Ireland and the Isle of Wight excess delivery charges may be payable and these will be added to your order before your payment card details.

11.4. Please note that our prices are inclusive of packing and postage. These charges are per item, not per order, eg if you order two items the costs of packing and postage are cumulative.

12. Sold Out

12.1. If an item is no longer available we’ll display a sold out message with an expected warehouse delivery date.

13. Import duty

13.1. 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.

13.2. 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.

14. Exchanges and returns

14.1. When you return a Product to us:

a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.

b) for any other reason (for instance, because have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the costs incurred by you in returning the items to us.

c) We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

14.2. Postage and packaging, or the cost of returns postage is not refunded except where the return is the result of our own error.

Returns Address: BrushBaby Ltd, The Old Diary, East Lane, Ovington, Hampshire, SO24 0RB

15. Our Liability

15.1.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.

15.2. 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.

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

a) For death or personal injury caused by our negligence;

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

c) For fraud or fraudulent misrepresentation; or

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

15.4. 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:

a) loss of income or revenue

b) loss of business

c) loss of profits or contracts

d) loss of anticipated savings

e) loss of data

f) loss of data, or

g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;

provided that this clause 15.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 15.1 or clause 15.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 15.4.

16. Our right to vary these terms and conditions

16.1. 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.

16.2. 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).

17. Events outside our control

17.1. 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).

17.2. 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:
a) Strikes, lock-outs or other industrial action.

b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

e) Impossibility of the use of public or private telecommunications networks.

f) The acts, decrees, legislation, regulations or restrictions of any government.

17.3. 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.

18. Law and jurisdiction

18.1. Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

19. Privacy

19.1. We are committed to protecting the privacy of our customers and we only use information that we collect about you in accordance with the eight principles of the Data Protection Act 1998.

19.2. We only send promotional email or mail to you with your prior consent and we do not pass any of your information to third parties without first gaining your explicit consent.

19.3. You can check the information that we hold about you by contacting us at info@brushbaby.co.uk. Any inaccuracies will be deleted or corrected promptly.