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Home : Delivery, Terms And Conditions
Delivery, Terms And Conditions

1. Introduction

1.1 Welcome to the Broxburn Browns Customer Terms and Conditions. These terms and conditions will apply to any purchase made from us.

1.2 Broxburn Browns is a company incorporated in Scotland (Company Number SC080209) and with its Registered Office at Lochend Farm, 18 Glasgow Road, Newbridge EH28 8PP.

1.3 From time to time, it will be necessary to update these terms and conditions. Updates will be posted on the Website and you agree to be bound by the new terms and conditions after this has been done. However you will only be bound by the version of the terms and conditions which applied at the time you purchased a Product via the Website.

1.4 By using this Website in any way you are also agreeing to the Website User Terms and Conditions which are expressly incorporated into this Agreement.

2. Definitions

2.1 In this Agreement:-

"Agreement” means these terms and conditions and the Website User Terms and Conditions, together with your offer to purchase a Product and the Broxburn Browns Purchase Confirmation.

"Customer” means someone who purchases a Product.

"Order” means the Customer’s order for the purchase of a Product, placed either by telephone or online.

"Product” means any product from our Range of Products advertised on the Website.

"Purchase Confirmation” means the email provided by us after you have clicked ‘buy’, to confirm our acceptance of your offer to purchase a Product.

"Registration” means the process of opening an account with us in order to be able to purchase Products online.

"Registration Confirmation” means the email acknowledgment sent by us following your completed Registration.

 "the Website” means the Broxburn Browns website operating under the domain name of  www.broxburnbrowns.co.uk

3. Account creation

3.1 You must be at least 18 years of age (or a business operated by someone at least 18 years of age) to open an account with us.

3.2 You must ensure that the details you provide are complete and accurate, including your delivery instructions.

3.3 Any change to your details must be notified to us promptly, either by updating your details via your account on the website or by calling us on 0131 333 1700.

3.4 You will be asked to create a password as part of the online account creation process. If your account is created over the phone a password will be generated for you and we recommend that this is changed immediately via the ‘log into your account’ section of our website. You must notify us immediately if you know or suspect that someone knows your password and recommend that it is changed immediately via the ‘log into your account’ section of our website.

3.5 We reserve the right to require that you change your password and to suspend or cancel your account where we have reason to believe there has been or could be a breach of Website security.

3.6 The details you provide are governed by our Privacy Policy.

3.7 We will provide a Registration Confirmation for all account registrations but we reserve the right to accept or reject any registration at our sole discretion.

4. Purchasing Products

4.1 An Order may be placed either by telephone or online via the Website. To make a telephone Order, Customers should call 0131 333 1700.

4.2 In the event of any dispute as to the Order, the Purchase Confirmation shall be deemed as the authoritative Order.

4.3 Unless otherwise agreed, payment will be made by the Customer on delivery of an Order. Payment may be made by cash or cheque. Where delivery is made to the Customer’s home address, payment may also be made by debit or credit card. Customers may also pay for an Order by BACS. Please note that if the Customer’s cheque is returned by the bank as unpaid for any reason, we reserve the right to levy a "returned cheque” charge of £20.

4.4 No Order placed online is accepted from us until the Website displays a purchase confirmation message. You will receive a Purchase Confirmation and this email should be kept for reference until your order has been delivered and accepted as correct.

4.5 Whilst we will endeavour to deliver all accepted Orders, our Products are subject to availability. If we are unable to deliver an item you have ordered we may offer a reasonable substitute. You may reject this substitute and you will not be charged for it, or where payment has already been taken you will be refunded any amount paid for that item. Where we do not offer a substitute Product the item will be removed from your Order and again you will not be charged for it, or where payment has already been taken you will be refunded any amount paid for that item. We will bear no liability for the unavailability of Products.

4.6 Where an item has been displayed on the Website with an incorrect price we reserve the right to remove that item from your Order, amend the price to one that is correct or to not deliver the item and refund the price paid.

4.7 All prices displayed on the website are inclusive of any applicable taxes and duty (including VAT).

5. Delivery

5.1 We will deliver to the address which you provided when you Registered for your account, or if applicable which you instructed by telephone.

5.2 The areas to which we may deliver Products are identified on the Website. We reserve the right not to deliver to all locations within these areas, or not to deliver all Products to all locations. You will be notified during the account creation process if we are unable to deliver to your address.

5.3 It is your responsibility to make suitable arrangements to receive your delivery. The delivery details section of your account is important as it allows you to leave instructions of a suitable location where your delivery can be left if you are not at home to take receipt of the goods.

5.4 We cannot accept liability for any inconvenience or loss where we are unable to deliver to you, or deliver to you late for reasons beyond our control (e.g. adverse weather, vehicle breakdown, traffic congestion, strike actions, supplier failures). We will of course refund you for any part of your order which is not delivered or which has been compromised as a result of the delay.

5.5 You must inspect Products received as swiftly as possible after delivery and notify us promptly of any errors. We will refund you for any products you receive that were not ordered, are faulty, have been substituted with a Product that is unacceptable to you. However, such liability will be limited to the value of the erroneous and / or undelivered goods.

5.6 Broxburn Browns shall bear all risk in respect of consignments until delivered to the Customer. Once the Products have been delivered by us, all risk of damage to, or loss of, the products shall pass to the Customer.

5.7 Whilst we shall always endeavor to deliver orders promptly and in accordance with any dates or times we have agreed to, such delivery dates and times are not an essential term of the Agreement. Broxburn Browns shall have no liability in respect of delay in delivery to the Customer.

5.8 Due to the perishable nature of the majority of our Products, notification of damage, delay or loss of Products in transit or of non-delivery must be given to us by telephone within 24 hours of delivery (or, in the case of non-delivery, within three days of notification of despatch of the Products).

6. Cancellation

6.1 You may cancel your account with us at any time either online or by notifying us in writing, over the phone or by email. Cancelling your account will not affect or remove any rights or liabilities accrued up until that point and any Orders submitted prior to your account cancelation will remain binding.

6.2 We may cancel your account and or any accepted orders at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

6.3 If you are purchasing as a consumer, you may cancel your Order with us at any time up to the end of the fourteenth working day after the Products are received, or in the event that no products have been delivered, 14 days from receipt of the Purchase Confirmation.  You do not need to give us any reason for cancelling your Order nor will you have to pay any penalty. Please note, this right does not apply to perishable goods and therefore will not apply to most of the Broxburn Browns Products.

6.4 To cancel your Order for non-perishable Products, please call us on 0131 333 1700 or email us at  info@broxburnbrowns.co.uk  in each case within the statutory cooling-off period and giving details of the items ordered, and (where appropriate) their delivery date.

 

6.5 If you have received the non-perishable Products before you cancel your Order then unless alternative arrangements are agreed with us you must send the Products back to our contact address at your own cost within 14 days of notifying us of your cancellation. Where you fail to return the Product to us, we shall be entitled to charge you for the reasonable costs of collecting the Products from you. We reserve the right to deduct such costs from any refund due to you. The Products must be unused, in their original packing and in a saleable condition.

7.  Warranty

7.1 We guarantee that our products will be of a satisfactory condition and quality (with the exception of defects caused by your mis-use, neglect or by accidents while the goods were in your possession). Please notify us if you are dissatisfied with any of our products. If upon examination they are defective or faulty we will gladly refund you the price paid for them.

8. Disclaimer and Limitation of Liability

8.1 Broxburn Browns will use all reasonable endeavours to provide the Products which are described on the Website and to maintain the Website’s functionality. However we cannot guarantee the performance of the Website, nor its 100% availability without interruption. To the fullest extent permitted at law, the Website and its contents is provided on an "as is” basis and Broxburn Browns makes no (and expressly disclaims all) representations or warranties of any kind, with respect to the Website or its contents or their suitability, reliability or usefulness for any purpose.

8.2 Customers must make every effort to secure their username, passwords details and should not under any circumstance disclose their username and password and  details to a 3rd party or by email.  Broxburn Browns will not be liable for any damages arising out of or in connection with the use of this Website or the information, content, materials or products included on this Website. This is a comprehensive limitation of liability that applies to all damages of any kind.

8.3 We accept no liability in relation to representation, including unforeseeable losses, and losses to a business (loss of reputation, profits, trade or trade opportunities).

8.4 Our entire liability under these terms and conditions will not exceed the purchase price of the ordered Products. However nothing in these terms and conditions can limit our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or subcontractors.

8.5 We shall not be liable for any delay or failure in the performance of our obligations due to events beyond our reasonable control such as but not limited to fire, adverse weather, acts of God, strikes, labour disputes, civil unrest, accident, disruption to energy supplies, equipment or supplier failure, road traffic problems, terrorism or war.

9. Miscellaneous

9.1 You are not entitled to assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

9.2 This Agreement shall be governed by, construed and interpreted in accordance with the laws of Scotland and you agree to submit to the non-exclusive jurisdiction of the Scottish courts.

9.3 Failure or delay by us in enforcing any term of the Agreement shall not be construed as a waiver of any of its rights under it.

9.4 The illegality, invalidity or unenforceability of any part of this Agreement will not affect the legality, validity or enforceability of the remainder.

© Broxburn Browns. Lochend Farm Edinburgh Scotland Telephone: 0131 333 1700 Email: sales@broxburnbrowns.co.uk  
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