Terms & Conditions

Last updated: 14/9/22

 

Brumhaus Online Shop Terms of Sale

1. Introduction and Information About Us (Brumhaus)

1.1 These are the Terms & Conditions on which we supply products to you from this website. Please read these terms carefully before you submit your order to us. These terms explain who we are, how we will provide products to you, how to return products to us, what to do if there is a problem and other important information. 

1.2 Brumhaus is the trading name of artist Alexander Edwards.

1.3 You can contact us by using the “Contact Us” section on the website.

1.4 If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2. Our Contract with You

2.1 The images of the products on the website are for illustrative purposes only. Although we have made every effort to display the colours of products accurately, we cannot guarantee that a computer or device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Also, the packaging of the product may vary from that shown in images on the website.

2.2 Our acceptance of your order will take place when a confirmation email is sent to you, at which point a contract will come into existence between you and us.

2.3 If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be for one of a number of reasons including because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, because of an issue relating to the personalisation of the product (see 5 (“Personalised Products”) below) or because we are unable to meet a delivery deadline you have specified.

2.4 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

2.5 Unless otherwise indicated to you, we currently accept orders via the website from locations globally.

2.6 You must be aged 18 or over to order products from this website.

3. Delivery

3.1 Delivery charges will be as displayed to you on the website.  Additional charges (such as customs duty) may apply for delivery outside the UK.

3.2 During the order process, we will let you know when we will provide the products to you. We aim to prepare items within 1-2 weeks from receipt of order. Unframed prints are posted. Estimated delivery times are between 2 and 4 days from date of dispatch for UK customers, and longer for all international customers (depends greatly on where you are located and the delivery services available to you locally). Any delivery times are estimates only. For Framed prints you will receive an ‘item(s) dispatched’ email with your tracking information as soon as your order has been collected from us.

3.3 If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel the contract and receive a refund for any products you have paid for but not received.

3.4 The product(s) will be your responsibility from the time we deliver the product(s) to the address you provided to us or when they are collected from us.

3.5 Subject to 8 (“Intellectual Property”) below, you own the products once we have received payment in full for them.

3.6 We may have to suspend the supply of a product to deal with technical problems or make minor technical changes.

3.7 We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on the website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we will inform you and either not take payment or, where we have already done so, offer you a full refund to your original method of payment. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

3.8 If you do not pay us for the products when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. As well as suspending the products we can also charge you interest on your overdue payments.

4. Price and Payment

4.1 The price of the product (which includes VAT but not import duties) will be the price indicated on the order pages of the website when you placed your order. Delivery charges are not included in the product price. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see below as to what happens if we discover an error in the price of the product you order.

4.2 You must pay for the products before we dispatch them. Credit card & PayPal payments are handled through a third party payment processor. This third party payment processor will collect and may retain your credit card information in order to process your payment. For further detail, please visit our Privacy Policy. Additional terms and conditions of your payment method provider may apply to your purchase.

4.3 We reserve the right to verify credit or debit card payments prior to acceptance. We may cancel or suspend your order if the payment method cannot be verified, is invalid, or is otherwise not acceptable for whatever reason. You are responsible for resolving any payment problems.

4.4 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

4.5 If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

4.6 When ordering products from us for delivery to any address outside the UK, you may have to pay import duties and taxes, which are levied once the package reaches the specified destination. You are responsible for paying all customs import duties, taxes and additional charges which may apply to your order, including any applicable currency exchange fees.

5. Personalised Products

5.1 We sell certain products which can be personalised. If you have placed an order for a personalised product, please ensure you carefully review your personalisation information before submitting your order. In particular, please make sure that you check the name, spelling and grammar are correct as these cannot be changed once your order has been submitted.

5.2 We can refuse personalised orders at our discretion. If we decide to refuse a personalised order, your order will be cancelled and fully refunded.

5.3 Please note that our terms and policy regarding cancelling or returning your order (see 6 below (“Cancelling your Order and Returning Products”) does not apply to personalised products unless there is a manufacturing error or product defect.

6. Cancelling your Order and Returning Products

6.1 Subject to 5 above (see “Personalised Products”) and 6.7 below, You have the legal right to change your mind about your order, without giving any reason, within 14 days of receiving your order. You have 14 days after the day you receive the order to tell us.

6.2 To exercise your right to cancel, you must clearly communicate to us your decision to cancel (e.g. a letter sent by post or e-mail). You may want to, but do not have to, use the model cancellation form set out at the end of these terms.

6.3 If you have received your order, you should send back the products you wish to return to us within 14 days from the day on which we were informed of your decision to cancel (excluding personalised products, see 6.7 below). You will have to cover the cost of returning the product. We will refund you the price paid for the product on receipt of the returned product, or within 14 days of receiving from your proof of returning the product, using the same means of payment as you used for the initial transaction.

6.4 Subject to 5 above (see “Personalised Products”) and 6.7 below, you may also return products beyond 14 days of receiving the product, up to 30 days, subject to the following conditions. For such returns, we will not refund the original delivery costs, and you will be responsible for the return delivery costs. You must pack up the product(s) securely and send back to us at 17 Corbridge Road, Sutton Coldfield, West Midlands, B73 6NJ, United Kingdom.

6.5 In order to ensure the safe return of product(s) we recommend that you obtain evidence of postage from the post office and retain this evidence of postage until you have received your refund.

6.6 All refunds will be made via the original payment method.

6.7 Please note that we cannot accept returns of certain products, such as products stated on the website to be non-returnable or products which have been personalised.

6.8 We reserve the right to refuse to refund or exchange products that are returned to us that are not in a resalable condition.

6.9 If we have delivered a product to you in error please contact us first by emailing alex@brumhaus.uk If both parties agree to return the product any shipping costs will be refunded.

6.10 Once we have confirmed that a product is damaged or defective when delivered, we will offer to send you a replacement. If you decline a replacement and prefer to be refunded please let us know and we will refund you the price paid for the product.

7. Our Liability

7.1 Nothing in these terms shall limit or exclude our liability for:

• (a) death or personal injury caused by our negligence;
• (b) fraud or fraudulent misrepresentation; or
• (c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.

7.2  If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both you and we knew it might happen.

7.3 We only supply products for domestic and private use. You agree not to use products for any commercial, business or re-sale purposes without our prior written consent. We have no liability to you for any loss of profit, loss of revenue, loss of business, loss of contract, business interruption, or loss of business opportunity.

8. Intellectual Property

8.1 We do not give you any right or interest in any copyright, trade mark, design right or any other intellectual property rights in any product nor the right to copy them.

8.2 We do not give any warranty or representation in respect of the trade marks or trade names of any of the products or brands featured on the website.

9. Other Key Terms

9.1  We may use your personal information as set out in our Privacy Policy.

9.2 We may transfer our rights and obligations under these terms to another organisation but this will not affect any standard of service you receive under these terms.

9.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

9.4 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking your contract with us, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date. We reserve our rights and remedies in any situation where you breach these terms.

9.5 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.

9.6 These terms may be updated anytime, so you should examine them as often as possible. For material changes to these terms, we will inform you by email or will make it clearly visible on this website to bring attention to the changes. If changes to these terms of sale are declared by a court of competent jurisdiction to be invalid or ineffective, the original terms you accepted will remain in full effect.

9.7 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. This choice of law does not affect any mandatory rights you may have under your domestic law.

9.8 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can find out about the European Commission’s Online Dispute Resolution (ODR) platform here: http://ec.europa.eu/consumers/odr. Currently, we do not use alternative dispute resolution, including through the ODR platform, as a means of settling consumer complaints.

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Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

Alexander Edwards T/A Brumhaus. 17 Corbridge Road, Sutton Coldfield, West Midlands, B73 6NJ, United Kingdom.

alex@brumhaus.uk

I hereby give notice that I cancel my contract of sale of the following goods [*]
Ordered on [*]/received on [*],

Order no:
Name of customer:
Address of customer:

Signature of customer (only if this form is notified on paper),
Date

[*] Delete as appropriate

 

Brumhaus Online Shop Terms of Use

 

THESE TERMS OF USE APPLY TO ALL USE OF THE WEBSITE.  BY CONTINUING TO USE THE WEBSITE YOU ARE INDICATING YOUR ACCEPTANCE OF THEM.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

These terms and conditions of use (together with the various documents referred to in them) are issued by Alexander Edwards t/a Brumhaus together with its subsidiaries (together “Brumhaus”, “us”, “we” or “our”) and set out the terms of use on which you may make use of this website (the “Website”).

This Website is operated by Alexander Edwards t/a Brumhaus. All products on this Website are manufactured and fulfilled by Alexander Edwards t/a Brumhaus.

Please read these terms and conditions of use carefully before you start to use the Website as they represent a binding legal agreement and you will be bound by them. We recommend that you print a copy of these terms for future reference. Use of the Website includes accessing it, perusing it, or using any of the functionality offered via it.

By using the Website, you confirm that you accept these terms and conditions of use and that you agree to comply with them.

If you do not agree to these Terms & Conditions of use, you must not use the Website.

Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us, also applies to your use of the Website.

Our Terms of Sale of Products sets out the terms on which you order any products on the Website.

Contact Us

Should you have any questions on these terms, please email us at alex@brumhaus.uk

Changes to these Terms & Conditions

Please note that we reserve the right to revise or amend these terms at any time to reflect changes to our business or changes in the law.  Where these changes are significant, we may decide to e-mail our subscribers to make sure that they are informed of such changes. However, it is your responsibility to check these terms before each use of the Website.

We May Suspend Or Withdraw Our Website

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

You Must Keep Your Account Details Safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the contact details provided below.

Your Responsibilities

When using this Website and our online communications infrastructure including email, any enquiry forms and subscription fields that we may offer users or add in the future on this Website you agree:

• any information you submit is accurate and truthful and you will keep this information accurate and up to date;
• not to impersonate other people, particularly employees and representatives of Brumhaus or our affiliates;
• not to use obscene or vulgar language;
• not to submit information or content that is unlawful or otherwise objectionable including, but not limited to, content that is defamatory, abusive, offensive, racist, sexist, homophobic, threatening, vulgar, obscene, hateful, content which promotes or incites violence or is otherwise inappropriate or to post comments which will constitute a criminal offence or give rise to civil liability on this Website;
• to refrain from using our Website and online communications systems for unauthorised mass-communication such as “spam” or “junk email”;
• to evaluate for yourself the accuracy, completeness or usefulness of any opinion, advice or other content on this Website; and
• to only use this Website for lawful purposes.

Intellectual Property

Alexander Edwards t/a Brumhaus is the owner and/or the licensee (whichever the case may be) of all intellectual property rights inherent in the Website, and in the material published on it including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software. Unless specifically stated otherwise, nothing in these terms or on the Website shall give effect to any transfer of such intellectual property rights from us (or, as the case may be, our licensor(s)) to you.

Your sole right to use the intellectual property inherent in the Website is a non-exclusive licence to make use of such content only as is strictly necessary to enable you to access the Website and to peruse its contents.

You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others within your organisation to content posted on the Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the Website in breach of these terms of use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. 

Do Not Rely On Information On This Website

The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.

Indemnity

You acknowledge that you are responsible for any material that you post on this Website and that if you breach any of these terms and conditions you may be personally liable to us or any third party that suffers harm as a result.

You agree to indemnify, and keep indemnified, us, our successors and assigns, our licensors (including Alexander Edwards t/a Brumhaus and/or any of its subsidiaries), our directors, trustees, offices, employees and agents from and against all liabilities, claims, losses, costs, damages and expenses including legal fees which are reasonably incurred by us or Alexander Edwards t/a Brumhaus or any company within our respective groups should you breach any of these terms and conditions.

This indemnity includes your use of the information you read on this Website, together with any introduction or collaboration that you enter into as a result of viewing this Website.

Limitation of our liability

To the extent permitted by law, Alexander Edwards t/a Brumhaus excludes all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.

Alexander Edwards t/a Brumhaus will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, the Website; or
• use of or reliance on any content displayed on the Website.
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

Further, you acknowledge that the author of each posting on this Website is responsible for his or her comments. Insofar as the law permits, Alexander Edwards t/a Brumhaus shall not be liable for any loss, damage or distress incurred as a result of material posted on this Website.

Alexander Edwards t/a Brumhaus is responsible for the accuracy, veracity or reliability of any opinion, advice or statement made on this Website and such communications shall not be considered to be reviewed, screened, monitored, edited or approved by us.

Alexander Edwards t/a Brumhaus will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content from it, or from any website linked to it.

Events Outside our Control

Alexander Edwards t/a Brumhaus will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms of use that is cause by an Event Outside Our Control (as defined in the paragraph below).

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications.

If an Event Outside Our Control takes place that affects the performance of our obligations under these terms of use our obligations under these terms of use will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

Viruses

We do not guarantee that the Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

Linking to the Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage the reputation of Alexander Edwards t/a Brumhaus or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of Alexander Edwards t/a Brumhaus where none exists. You must not establish a link to the Website in any website that is not owned by you.

The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice.

Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Alexander Edwards t/a Brumhaus has no control over the contents of those sites or resources. Alexander Edwards t/a Brumhaus does not assume any responsibility for the content of websites linked to from the Website. Such links should not be interpreted as endorsement by Alexander Edwards t/a Brumhaus of those linked websites. Alexander Edwards t/a Brumhaus will not be liable for any loss or damage that may arise from your use of them.

If you do link from the Website to other websites, your use thereof will also be subject to those websites’ terms and conditions.

Applicable law

Please note that these terms and conditions of use, and their subject matter, are governed by the law of England and Wales. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction over any disputes.