Brush Expert Ltd – www.brushexpert.com
Terms and Conditions for Use and Sales
These terms and conditions were last updated on 16th May 2018
1.1 These terms & conditions set out the terms between you the customer and us the website owner.
1.2 Your use of this website and any service contained within constitutes acceptance of these terms & conditions in full.
1.3 You should not use this website if you do not accept with these terms & conditions in full.
2. Customer Information
2.1 You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.
2.2 You are responsible for maintaining your own username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
2.3 As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.
2.4 Our website is only intended for use by adults. Adults may purchase products for children as long as the products purchased are intended by the manufacturer for use or consumption by children.
2.5 We reserve the right to restrict or remove your access to this website where you breach these terms and conditions. Such restriction or removal will take place without recourse or explanation to you where we solely deem it appropriate or necessary.
4. Product Pricing, Title & Compatibility
4.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at anytime up to the electronic shipment of that order and any related items.
4.2 All prices are displayed inclusive of Value Added Tax (VAT) or other applicable sales tax. Furthermore on the checkout page(s) and all email or paper receipts the VAT or sales tax element will be clearly and separately displayed as part of the total cost of your order.
4.3 We reserve the right to alter all product pricing without notice.
4.4 Title in any products ordered from us does not pass to you, the purchaser, until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped/activated.
4.5 We are responsible for any loss or damage to any products until you receive them.
4.6 We will provide full details of the compatibility or system requirements typically required for the successful installation and use of any download goods. This includes any restrictions on use, such as digital rights management (DRM) or other restrictions that may limit use. However, please note we are unable to provide a detailed assessment of your specific equipment and its suitability for use of or with any downloadable products.
5. Your Order
5.1 When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order.
5.2 Your offer is only accepted by us once we have emailed you to confirm the electronic dispatch of your order.
5.3 Product items not included within the dispatch email are not included in the order and contract between you and us.
5.4 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
5.5 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
6. Cancellation Rights and Refunds
6.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have a right to cancel your purchase.
6.1.1 IMPORTANT - However, to benefit from this right you will not have access to download or install the downloadable, electronic or “softcopy” goods during the notice or “cooling off” period, please see below.
6.1.2 To exercise your right to cancel you must notify us in writing, either by email or completing a cancellation form on our website within 14 working days from the day after your goods were ordered. Please note - a telephone call is not a valid cancellation.
6.1.3 IMPORTANT – If you wish to have immediate access to your ordered product or products you must tick the box provided at the checkout stage that specifically waives your right to a cooling off period of 14 working days and the right to cancel during that period.
6.2 Refunds will be given for any goods where they are found by us to be defective.
6.3 Refunds will not be given where we are unable to replicate the issue or the issue stems from the user or their equipment.
7. Customer Complaints
We endeavour to respond to all customer complaints or queries within five working days.
8. Faulty Products and Services
8.1 Where you experience a fault with a digital product or service please contact us as soon as possible. In the event of a defective product or service we may ask you to remove it from the device on which it is located or accessed.
8.2 Where any goods digital or services are found to be defective we will offer a replacement item as soon as reasonably possible and within 30 days of being notified of the defect or we will issue a full refund in accordance with the Consumer Rights Act 2015. Where a refund is offered and accepted by you it will be made within 14 working days of receiving your acceptance of a refund.
9. Events Outside Our Control
We shall not be liable for delay or failure to perform any obligation under these terms & conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.
10.1 We grant you a licence to access the content, information and services contained within our website for personal use only.
10.2 This licence allows you to download and cache (using your browser) individual pages from our website.
10.3 This licence does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.
10.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
10.5 Our website cannot be placed within the frame-set of another site.
10.6 Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
10.7 The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.
11.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are our copyright, unless expressly acknowledged as otherwise.
11.2 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.
11.3 News articles may not be reproduced without explicit prior consent,
12. User Generated Content
12.1 Where the facility exists you may provide reviews or public feedback on the website of products purchased by you, also known as user-generated content.
12.2 Where the facility exists such user-generated content can be provided in different formats and mediums; text, audio, video and still photographs.
12.3 As part of providing this content to us you agree to grant us a worldwide, irrevocable, non-exclusive and royalty-free license to use, distribute, edit, translate and repurpose such content, as we require, including sub-licensing to other parties.
12.4 Such content shall not infringe the intellectual property rights of any other party. Furthermore the content shall not be illegal or capable of breaching the laws of any jurisdiction in which it may be displayed.
12.5 We reserve the right to remove any content, which breaches or risks breaching these terms and conditions.
12.6 However, we shall not assume any responsibility for auditing or monitoring any user generated content.
12.7 Any complaints about such content by rights holders or any user or visitor to our website should be directed to us using our contact details listed at the end of these terms and conditions.
13. Limitations and Exclusions of Liability
13.1 Where content and information is provided on the website without charge we exclude all liability for such content and information.
13.2 All business losses (including, but not limited to) loss of profits, income, revenue, damage to goodwill, loss of other commercial contracts, other commercial opportunities are all excluded.
13.3 All indirect, consequential or special losses or damage are all excluded.
13.4 All other losses or damages not reasonably foreseeable at the time of the contract between you and us are also excluded.
13.5 All losses relating to the loss or corruption of data, databases, systems, software or hardware are all excluded.
13.6 These terms and conditions do not exclude or limit liability for death or personal injury caused by you or us.
13.7 These terms and conditions do not exclude or limit liability for fraud or fraudulent misrepresentation caused by you or us.
13.8 These terms and conditions do not exclude or limit liability where this conflicts with the applicable law for this jurisdiction.
By your use of our website you hereby indemnify us and undertake to keep us indemnified at all times now and in the future against all possible claims relating to any breach of these terms and conditions by you. Such indemnities to include, (but not be limited to) all costs legal and otherwise, all other expenses, damages or settlements arising from your breach of these terms and conditions.
We reserve the right to vary these terms & conditions at any time, without giving notice to you. Such varied terms and conditions shall automatically apply to the use of our website from the date of publication on our website.
We reserve the right to assign our rights and also our obligations under these terms and conditions, without giving notice to you. This right of assignment shall only apply to us and shall not apply to you in any way.
The paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of these Terms & Conditions or paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Failure by us to enforce any accrued rights under these terms & conditions is not to be taken as or deemed to be a waiver of those rights by us unless we acknowledge the waiver in writing.
19. Third Parties
These terms and conditions are between you and us. They do not apply to, or benefit any third party and are not reliant on any third party.
20. Entire Terms & Conditions
These terms & conditions set out the entire agreement and understanding between you and us.
21. The Consumer Rights Act 2015
These Terms & Conditions are specifically written in accordance with the Consumer Rights Act 2015. Should these Terms & Conditions conflict with the Act, the Consumer Rights Act 2015 shall prevail and apply.
22. Your Statutory Rights
Where acting as a consumer your statutory rights are unaffected.
These terms & conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
Our contact details are as follows:
Brush Expert Ltd
PO Box 1288
Telephone: +44 (0)1604 648401
Company registration number: 4039035
VAT registration number: GB768539571
Brush Expert Ltd – www.brushexpert.com
1. Data Protection
We comply with the principles of the General Data Protection Regulation (GDPR) when dealing with all data received from customers or visitors to our website.
2. Our Services
We only hold the data necessary to offer services provided on our website. We do not ask for or use more data than necessary to provide you with a proper service. This means we only process and hold data related to purchases and subsequent support related to those purchases, in accordance with Article 6(1)(b) of the General Data Protection Regulation (GDPR). Any processing of your data is only done to provide or perform the services or products you have purchased.
3. Data Protection Register
Data is only used for the purposes described in our entry on the Data Protection Register.
4. Required Period
We only hold personal data for as long as necessary. Once data is no longer needed we delete it.
5. Card & Payment Processing Data
We use third-party payment providers to handle card and payment processing data securely. We never see or store any card or payment information. In accordance with Article 6(1)(b) of the General Data Protection Regulation (GDPR) any other data is only used to process your purchase securely. In accordance with Article 6(1)(c) of the General Data Protection Regulation (GDPR), we need to retain data related to all purchases to fulfil our existing legal obligations to account for tax and VAT on all transactions.
6. Backup & Data Storage
For administrative reasons, customer data and email subscription data may be passed to and stored securely with third party service providers located outside the EEA (European Economic Area). This is done to backup and preserve your data where it is needed to carry on offering a service to you.
7. Customer Requests
As a customer, you can at any time (and free of charge) request details of the data we hold relating to you - and you can also request any such data is amended or deleted. Please note that if you request deletion of your data, this may prevent us from offering any further support relating to your previous purchases.
8. Email Updates
We regularly email website news and information updates our customers. All subscription emails sent by us contain clear information on how to unsubscribe from our email service.
9. Our Promise
We never sell rent or exchange mailing lists.
10. Data Sharing with Partners
We do not share commercial or technical data with our partners unless we have specifically sought and obtained your prior approval. Where we request such approval, we will always fully disclose how your data is used.
In accordance with the Privacy and Electronic Communications (EC Directive) Regulations 2003, we never send bulk unsolicited emails, (popularly known as Spam) to email addresses.
12. Product Updates
We may send emails to existing customers or prospective customers who have enquired or registered with us, regarding products or services directly provided by us.
13. Email Content
All emails sent by us will be clearly marked as originating from us. All such emails will also include clear instructions on how to unsubscribe from our email service and any future emails. Such instructions will either include a link to a page to unsubscribe or a valid email address to which you should reply, with “unsubscribe” as the email subject heading.
15. Contact Us
This policy was last updated on 17 May 2018
(c) www.compactlaw.co.uk / all rights reserved / version 16.0