Terms and Conditions of Business
In these Terms and Conditions of Business:
a. ‘the Company’ means Brand Fusion International Ltd, a company incorporated under the laws of England and Wales with registration number 04455736 and whose registered office address is at Market House, 12A Cross Road, Tadworth, Surrey KT20 5SR. Referred to as 'Brand Fusion'.
b. ‘the Buyer’ means the person purchasing Goods from the Company.
c. ‘the Goods’ means the products to be supplied by the Company to the Buyer.
d. ‘the Order’ means the Buyers instructions to the Company to supply the Goods.
e. ‘the Contract’ means the agreement between the Company and the Buyer for the sale of the Goods.
f. 'the Website' means sklz.co.uk which is operated by Brand Fusion.
These Terms and Conditions are the terms by which the Company agrees to do business with the Buyer and these Terms and Conditions shall prevail over any other terms issued by the Company, whether referred to or stipulated.
Quotations for and acceptance of all Orders are subject to these Terms and Conditions and shall govern the Contract to the exclusion of all other terms and conditions. The Buyer shall be deemed to have accepted these Terms and Conditions upon placing the Order. No variation of these Terms and Conditions shall be effective unless made in writing and signed by a Director of the Company.
These Terms and Conditions apply to Buyers located in the UK who access the sklz.co.uk Website. Please read these Terms and Conditions carefully before accessing and/or ordering any Goods from the Website. We may revise these Terms and Conditions at any time. You are expected to check this page from time to time to take notice of any changes we make, as you are legally bound by them.
If you have any questions about the Website or these Terms and Conditions, please contact firstname.lastname@example.org
How to order
1. select the Goods you require from the Website;
2. choose the quantity of Goods you wish to purchase. The default quantity will be one (1) unit;
3. click 'Add to cart'
4. review your cart making sure all specifications fit your requirements, then click 'Checkout';
5. log into your online account for quick and easy check-out. If you are a new user you can either choose to create an account or checkout as a guest. To create an account you will need to enter an email address and create a user name and password. You must keep your username and password confidential as they allow access to your account. To continue setting up an account you will need to enter your personal details, billing address (which must correspond with your payment card address) and delivery address;
6. once you have set up an account, you will then proceed to the secure payment page where you may select the payment type and complete your order. Your payment will be collected from you by Brand Fusion. Following receipt of your order you will be sent an automated order acknowledgement to the email address provided.
By ordering a product from our Website will be deemed to be at least 16 years of age and warrant that you are legally capable of entering into a binding contract.
After placing your order you will receive an automated acknowledgement and a Contract to purchase the Goods from Brand Fusion takes affect between the Buyer and the Company. The status of your order can be found by logging into your account on the selkbaguk.com Website.
The Contract to sell Goods to you only relates to those Goods listed in the confirmation email.
A description of the main characteristics of each product can be found on the product pages of the Website. All images shown on the Website are for indication only; actual colours and specifications of products may vary slightly. Occasionally the manufacturer's product specifications may change from those listed on our site. In such circumstances we will endeavour to offer you a substitute product of at least the same quality, at a price no more than the original price listed. We will contact you to give you the choice to accept or decline this offer. On the rare occasion that there is an error, you will advised as soon as possible.
Prices for products on the Website appear on the product pages and include all applicable taxes.
Prices and offers may vary and may only be available for limited periods. All prices and offers are subject to availability and may be withdrawn or amended at our discretion. The prices on the Website may differ to prices shown in retail stores, catalogues or elsewhere.
The Website contains a large number of products and it is possible that, despite our best efforts, some of the Goods listed on the Website may be incorrectly priced. If we discover an error in the price of the Goods you have ordered, we will inform you as soon as possible. We will give you the option of reconfirming your order at the correct price or cancelling it.
The Company is under no obligation to sell incorrectly priced Goods to you at the incorrect price.
Data protection and privacy
If you use our Website and create an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access your information in 'your account' section of the website.
Method of payment
Payment via our Website can be made using all major forms of credit and debit card (please be aware we do not currently accept payment by American Express). Please ensure you enter the card holder's name as it appears on the card and the billing address corresponds as it appears on the card statement. Payment will be taken in GB pounds (£), and if applicable, your card will be charged according to the exchange rate at that time. All applicable charges are collected during the checkout procedure.
Brand Fusion uses the Sage Pay system to take payment for all Goods ordered. In order to help prevent fraud, the card payment system has inbuilt fraud protection in place, which includes the 3-D Secure authentication as additional security. Card fraud is illegal and perpetrators will be prosecuted.
Free delivery is applied to all orders of £19 and above. Orders below this threshold will be subject to a delivery charge of £3 plus vat. If your order is particularly heavy it may be subject to extra delivery charges. If any order is subject to extra delivery charges you will be advised of the additional cost before delivery of your order begins. You have the option to cancel the order if you do not wish to pay any additional delivery costs.
Delivery times are normally between 08.00 and 18.00 Monday to Friday excluding Bank Holidays. Orders will be sent on a tracked service via UK Mail with an estimated delivery time of between 1-2 days from the time the order is dispatched. However, at peak times this may vary. Certain exceptions may apply, for example; remote areas, the Channel Islands and European deliveries.
Please note we are currently unable to deliver to PO Boxes.
Brand Fusion may split the delivery of your order into several parcels based on stock availability. You will not be charged extra for this facility. If we have been unable to deliver all of the Goods within 28 days of the expected delivery date, you will be notified and given the opportunity to cancel the order for the undelivered item(s). We will refund any money owing to you without delay and within 14 days from receiving your instruction to cancel the undelivered items.
Delivery of Personalised Products and Special Orders
Products which have been personalised in line with your specific instructions are non-returnable and non-refundable (please note that this does not affect your statutory rights). If your order is a mix of personalised and non-personalised products, then the personalised products may be processed and packaged separately at no additional cost to you, please see 'Split delivery' above.
Returns and exchanges
At Brand Fusion we want you to be happy every time you shop with us. However, we understand that occasionally you may want to return items, and by law you have the right to cancel the purchase of most items within 14 days. You also have statutory rights where goods are not as described, not fit for purpose or not of a satisfactory quality.
You can cancel any item ordered online in accordance with the terms in this section apart from:
- personalised or bespoke items;
- any items which deteriorate or expire rapidly;
Your cancellation period ends 14 days after the day on which the items are delivered to you (or someone you nominate to receive the items for you). If your order consists of multiple items or parts which are delivered on different days, then the cancellation period (in respect of your whole order) ends on the day 14 days after the day on which the last of the items or parts are delivered to you (or a person you have nominated to receive the order).
The return of unwanted Products for credit or refund will not be accepted without the Company’s prior approval, and only then if the following process is followed:
a. access your online account by visiting www.selkbaguk.com
b. select the order from which the item(s) are to be returned
c. select the individual item(s) to be returned
d. enter the reason for return, giving as much detail as possible
e. Click 'request return'
You will receive a response, including any instructions for returning the Goods, within 2 working days.
You must return your item(s) no later than 14 days after the date on which you informed Brand Fusion of your wish to cancel the item(s). Any returns are at your own risk. For your protection, Brand Fusion recommends that you return your items via registered post.
You must pay for any return delivery costs, except where the wrong item has been sent to you or the item is defective. Where an item cannot, by its nature, be returned by post (for example a large bulky item) we will charge a collection fee.
The item(s) must be in its original packaging and in a sellable condition and sent to Brand Fusion's returns facility at your own cost and risk.
Brand Fusion will refund you in full for any item(s) you return, but will deduct from any reimbursement an amount equal to any diminishment in value of the item(s) as a result of handling the items beyond what is necessary to establish the nature, characteristics and functioning of the item(s). If applicable, your refund will include the basic delivery cost of getting the goods to you.
You will be refunded using the same payment method originally used to make the payment (unless you have expressly agreed otherwise). You will be refunded no later than 14 days after the date Brand Fusion receives the returned item(s).
Exchanges and Incorrect Goods
Items that are incorrect or require exchange can be returned using the same returns process. Please log into your online account and select the order/item(s) to be returned. Please note, Brand Fusion is only able to exchange items for the same product.
Brand Fusion advises that you send items back via registered post. The item(s) must be in its original packaging and in a sellable condition and sent to Brand Fusion's returns facility at your own cost and risk.
You have a legal obligation to take reasonable care of the items while they are in your possession. If you fail to comply with this obligation, Brand Fusion may have a right of action against you for compensation. This applies to all items that are returned.
Once Brand Fusion has received the returned item(s), you will be sent a confirmation email detailing the Good(s) received and the amount which is to be refunded. If a refund or reimbursement is payable to you, Brand Fusion will transfer the money using the same method originally used by you to pay for your purchase (unless you have expressly agreed otherwise). You will be refunded no later than 14 days after the date Brand Fusion receives the returned item(s).
Personalised items are non-returnable (unless they are defective). Please note that this does not affect your statutory rights.
Everything you buy must conform to the Consumer Rights Act, which says all goods and services must be of satisfactory quality, fit for purpose and as described.
In the unlikely event you find your Goods don’t conform to this, then they are classed as a faulty good and can be returned for a refund, repair or replacement depending on the length of time you have owned it for.
In the unlikely event that you receive a defective product from us, you will be entitled to one of the following remedies:
Within 30 days of receiving the defective item, you can choose to receive either:
- a repair or replacement; or
- a full refund.
If more than 30 days have passed after you received the Goods, you can claim a repair or a replacement of the defective item (but not a refund).
If the repair or replacement is not possible, or if it is unsuccessful or cannot be provided to you in a reasonable time, then you can choose to either:
- keep the defective item and claim a price reduction (the amount of the price reduction will be determined by Brand Fusion depending on what is reasonable in the circumstances); or
- return the defective item and claim a refund (but note that if you have had the Goods for more than 6 months, this refund may be reduced to take account of any use you have had from the Goods).
If you think you have received a defective item, please follow our standard returns process by logging into your online account and selecting the order/item(s) to be returned.
Brand Fusion advises that you send items back via registered post.
Brand Fusion will examine the returned item(s) and notify you of your refund or repair or replacement via e-mail within 7 days from receipt of the returned item(s).
Brand Fusion will process any refund due to you as soon as possible and, in any case within 14 days after the day Brand Fusion confirms, via e-mail, that you are entitled to a refund for the defective items. The refund will be made to the same payment method originally used by you to make the payment (unless you have expressly agreed otherwise).
Brand Fusion will bear the reasonable postage costs of returning the items to us, up to the cost of the standard delivery charge. Brand Fusion will not refund any Next Day, Express or other premium delivery service.
If you have a query about returning any item, please contact us at email@example.com
Events outside our control
a. The Company will not be held liable to perform the Contract if an event occurs which is outside the Company’s control, such as; an act of God, war, strikes, embargoes, Government refusal to grant licenses and abnormal weather conditions.
b. Save in respect of death or personal injury caused by the Company’s negligence, the Company shall in no circumstances be liable in contract, tort or otherwise, for any indirect, special, consequential or incidental loss or damage (including, without limitation, loss of production, loss of profit, loss of contracts or claims of Buyers or third parties) resulting from breach of these Terms and Conditions or from negligence, even if the Company has previously been advised of the possibility of such loss or damage occurring.
c. The Company shall not be liable for any claim in respect of any damage which has been sustained to the Goods in transit, unless the Company has been notified by the Buyer in writing before three (3) days after delivery date of the Goods to the Buyer.
d. The Company will not be held liable for defects in the Goods if the Buyer does not notify such defects to the Company within a 'reasonable' period of time from the date the Goods are received from the Buyer. The Company considers 'reasonable' to be a period of time, that in its own opinion is appropriate, fair and sensible in the circumstances.
GENERAL AND PROPER LAW
e. These Terms & Conditions represent the entire agreement between the parties and supersede all previous conditions and may only be amended by agreement in writing between the parties.
f. This Contract shall be governed by and construed in accordance with English Law and the parties irrevocably submit to the non-exclusive jurisdiction of the English Court.
Applicable laws require that some of the information or communications Brand Fusion sends to you should be in writing. By accessing the Website, you accept that communication with Brand Fusion will be primarily electronic through e-mail or notices posted on and from the Website. For contractual purposes, by accessing the Website you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Brand Fusion provides to you electronically, comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Intellectual property rights
Unless otherwise specified the intellectual property rights in the contents of all the pages in this Website, are owned or licensed to Brand Fusion, or are used with permission from the owner. An intellectual property includes any patentable inventions, registrable trademarks and/or designs, copyright works and confidential information) capable of protection under UK or other relevant laws, that is created, developed or discovered by the Brand Fusion, subject to the provisions of the law governing the intellectual property concerned, shall belong to and be the absolute property of Brand Fusion.
The contents of this Website may not be copied, reproduced, modified, downloaded or used in any form without our prior written permission.
Brand Fusion takes all feedback very seriously and aims to deal with any complaints as quickly and effectively as possible. For complaints relating to orders placed through the Website, please email firstname.lastname@example.org. To assist Brand Fusion in dealing with your complaint, please detail all aspects of the complaint, your order number and your contact details.
Our right to vary these terms and conditions
Brand Fusion reserves the right to revise and amend these Terms and Conditions from time to time. You will be subject to the terms and conditions that are in force at the time that you order Goods from Brand Fusion unless:-
- any change to these Terms and Conditions is required to be made by law or governmental authority, in which case the changes may apply to orders previously placed by you; or
- Brand Fusion notifies you of any changes to these Terms and Conditions before it accepts your order, in which case Brand Fusion has the right to assume that you have accepted the change to the terms and conditions unless you notify Brand Fusion to the contrary within seven (7) working days of receipt by you of the Goods.
Any physical activity can be hazardous. The selection and use of suitable equipment requires skill, and you should ensure you are appropriately equipped and trained before participating in any potentially hazardous activity. In the interests of your safety and the safety of others, you should also ensure that you are properly trained in the techniques you will need to employ in pursuit of your chosen activity. Brand Fusion recommends that you seek and take the advice of a suitably qualified person before purchasing your equipment. Once purchased, the equipment should be inspected before use and should only be used in accordance with the manufacturers' instructions and properly maintained throughout the duration of its use. Nothing in this notice affects your statutory rights.
Governing law and jurisdiction
These terms and conditions shall be subject to English law.
The courts of England and Wales shall have exclusive jurisdiction over all claims or disputes (whether Contractual or non-Contractual) arising in relation to, out of or in connection with these Terms and Conditions including orders for Goods.
Whilst Brand Fusion adopts industry standard protections against computer viruses, it is not able to warrant that this Website is free from computer viruses or any other malicious or impairing computer program.
Nothing in these terms and conditions is intended to affect your statutory rights.