BRASS MONKEY HEALTH LTD TERMS AND CONDITION OF SALE
Where to find information about us and our products
You can find everything you need to know about us, Brass Monkey Health Ltd, and our products on our website before you order. We also confirm the key information to you in writing by email.
When you buy from us you are agreeing that:
1 We only accept orders when we've checked them
We contact you to confirm we've received your order and then we contact you again to confirm we've accepted it once payment has been made.
2 Sometimes we reject orders
Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because we cannot source the relevant materials, because you are located outside our delivery areas or because the product was mis-priced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
3 We charge you when you order
However, if you place an order via email, a payment link will be generated immediately. You will own any products you buy once we have received payment for them in full.
4 We charge interest on late payments
If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 3% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
5 We pass on increases in VAT
If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
6 We're not responsible for delays outside our control
If our supply of your product is delayed by an event outside our control, such as late arrival of parts, if parts fail our testing process or if you change your order, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team (firstname.lastname@example.org or 0113 3280720) to end the contract and receive a refund for any products you have paid for in advance, but not received, less reasonable costs we have already incurred.
7 Products can vary slightly from their pictures
A product's true colour may not exactly match that shown on your device or its packaging may be slightly different. Because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website are estimates only.
8 You're responsible for making sure your measurements are accurate and that any materials you supply to us are suitable
If we're making or supplying the product to measurements you provide, you're responsible for making sure those measurements are correct. If you would like information and tips on how to measure, or for us to measure for you (at an additional cost payable in advance), please contact our Customer Service
Team: email@example.com or 0113 3280720. If you’re supplying materials for the product, you’re responsible for ensuring that the materials are suitable. We do not offer any warranty or guarantee in relation to products that you supply.
9 We’re not responsible for your installation
We recommend that we (or other professionals) install the product for you. We are not responsible for any injury to any person or property that may occur during the delivery or installation process of the product.
10 We charge you if you don't give us information we need or the correct delivery information
We will charge you additional sums if you don't give us or our delivery partners information we've asked for about how we can access your property for delivery or installation or the correct delivery or customs declaration information. For example, we might need to re-deliver using different equipment, with extra manpower, with relevant specialists or in accordance with customs clearance.
11 You have a legal right to change your mind plus extra rights under our guarantee
11.1 Your legal right to change your mind. For most of our products bought online, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it. This is subject to some conditions, as set out below.
11.2 Our goodwill guarantee. In addition, we, Brass Monkey Health Ltd, offer our UK customers a goodwill guarantee for most products, which is more generous than your legal rights in the ways set out below. This goodwill guarantee does not affect your legal rights if there is something wrong with your product (for more on those rights see You have rights if there is something wrong with your product (11).
Your legal rights: 14-days to change your mind & You pay costs of return.
How our goodwill guarantee is more generous (UK customers only): 30 days to change your mind & We pay costs of return.
11.3 When you can't change your mind. You can't change your mind about an order for products that are made to your specifications or are clearly personalised.
11.4 The deadline for changing your mind. If you change your mind about a product you must let us know no later than 30 days after the day we deliver your product.
11.5 How to let us know. To let us know you want to change your mind, contact our Customer Service Team: firstname.lastname@example.org or 0113 3280720.
11.6 We reduce your refund if you have used or damaged a product. If you damage the product we will reduce your refund, to compensate us for its reduced value. For example, we will reduce your refund if the product's condition is not "as new", there are signs of excessive use or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. The product will be inspected at collection and our team can advise you on whether we're likely to reduce your refund.
11.7 When and how we refund you. If your product is a service or products that haven't been delivered, we refund you as soon as possible and within 14 days of you telling us you've changed your mind. If we’re collecting your products, we refund you within 14 days of collection. We refund you by the method you
used for payment. We don't charge a fee for the refund. We will notify you by email when your return has been processed. Any refund can take a further 7-14 days to appear in your account.
12 You have rights if there is something wrong with your product
12.1 If you think there is something wrong with your product. You must contact our Customer Service Team: email@example.com or 0113 3280720. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law.
Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website (www.citizensadvice.org.uk).
Summary of your key legal rights
-The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality.
-During the expected lifespan of your product your legal rights entitle you to the following:
-Up to 30 days: if your goods are faulty, then you can get a refund.
-Up to six months: if your goods can't be repaired or replaced, then in most cases you're entitled to a full refund.
-Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
12.2 In addition to the key legal rights set out above, we offer a warranty on some of our products. The terms of the warranty depend on your product. If your product is defective or develops a fault, please visit our website at: https://www.brassmonkey.co.uk/pages/warranty-information to find the terms
of any applicable warranty. Please note that the limitations and exclusions (including in relation to the timing of your claim) will apply.
13 We can end our contract with you
13.1 We can end our contract with you for a product and claim any compensation due to us if:
13.1.1 you don't make any payment to us when it's due and you still don't make payment within 7 days of our reminding you that payment is due;
13.1.2 you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product, for example, in relation to delivery; or
13.1.3 you don't, within a reasonable time, allow us to deliver the product to you.
14 We don't compensate you for all losses caused by us or our products
14.1 We're responsible for losses you suffer caused by us breaking this contract unless the loss is:
14.1.1 Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted
your order meant we should have expected it (so, in the law, the loss was unforeseeable).
14.1.2 Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We're not responsible for delays outside our control ( 6 ).
14.1.3 Avoidable. Something you could have avoided by taking reasonable action.
14.1.4 A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession.
15 We use your personal data as set out in our Privacy Notice
How we use any personal data you give us is set out in our Privacy Notice:
16 You have several options for resolving disputes with us
16.1 Our refund and return policy. Our Customer Service Team (firstname.lastname@example.org or 0113 3280720) will do their best to resolve any problems you have with us or our products as per our refund and return policy.
16.2 You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
17 Other important terms apply to our contract
17.1 Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
17.2 If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
17.3 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.