1. THESE TERMS
What these terms cover. These are the terms and conditions on which we supply products to you, when you order via our website www.brooklynlondon.com (our “Website”) or by email using our Customer Care team.
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
We may change these terms at any time. We may amend these terms from time to time by posting revised terms on our Website. The terms applicable to your order will be those posted on the Website at the time of placing the order.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
How to contact us. You can contact us by emailing our Customer Care Team on Monday to Saturday from 9.00 am to 5.00 pm and Sunday 9.00 am to 5.00 pm, excluding public holidays or by writing an email to [email protected]
How we may contact you. If we have 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.
“Writing” includes emails and SMS. When we use the words “writing” or “written” in these terms, this includes emails and SMS.
3. OUR PRODUCTS
Information about our products. Information about the range of products sold via our email order service or via our Website is available, with product references and on our Website.
Products may vary slightly from their pictures. The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. A product may be manufactured in one of our several workshops and may therefore have a different stamp of origin than the one displayed on our Website. Your product may vary slightly from those images.
4. PLACING ORDERS AND OUR CONTRACT WITH YOU
Placing orders : All orders are subject to availability. Orders can be placed as follows:
Via our Website: Orders can be placed through our Website.
Making sure your personalisation details are accurate. If we are personalising products in accordance with details you have given us you are responsible for ensuring that these details are correct. We cannot accept returns of Personalised Products.
Your account with us: When placing an order for the first time, you may either check in as a guest or open an account with us. If you place a telephone order we will take the necessary details from you by telephone. Otherwise, all steps necessary for placing an order are detailed on our Website.
Order acknowledgement: We will acknowledge receipt of your order without delay by sending a confirmation email, but this confirmation email does not constitute acceptance of your order. Your order will only be accepted when it is dispatched, and you receive a dispatch email.
How we will accept your order: Our acceptance of your order will take place when we email you and tell you we have accepted and dispatched your order, at which point a contract will come into existence between you and us.
If we cannot accept your order :If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be 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 we are unable to meet a delivery deadline you have specified or if the order is not in accordance with these Terms of Sale.
Your order number: 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.
5. PRICE AND PAYMENT
All prices stated on this website include and are subject to the current rate of UK VAT at the then prevailing rate. However, if the rate of VAT changes between the date of your order and the date of delivery, where applicable, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced.
We will normally verify prices as part of our dispatch procedures. If we accept and process your order where a pricing error is obvious and unmistakeable and could have reasonably been recognised by the average customer as an error, we may end the Contract, refund you any sums you have paid and require return of any products provided to you.
What happens if we got the price wrong: It is always possible that, despite taking all reasonable care, some of the products we sell may be incorrectly priced. 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 at the correct price. If we accept and process your order where a pricing error is material, 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 products provided to you.
We accept payment by credit card (Visa, MasterCard and American Express) issued by banks domiciled in the European Union, by PayPal, by bank transfer (provided that the paying bank account is held by you and domiciled in the European Union) or other payment methods as they become available from time to time by notice on our Website. Payment must be made in pounds sterling (£). In case of a payment by bank transfer, we will send you Brooklyn London bank details by email.
When you must pay: You must pay before goods are dispatched to you. You will be debited once you have placed your order and it has been accepted by us. We will inform you by email once the products have been dispatched.
Failure to pay: If your payment cannot be processed for any reason (including, for example, stopped payment, refusal by the issuer of the card), your order will be cancelled and the contract with you ended immediately. We will inform you of this in writing.
If an order placed by you is considered to be fraudulent or otherwise made in breach of this Terms of Sale, the sale will be cancelled immediately, and in the event that any sums have already been debited to you, they will be refunded within 14 business days after such notification.
6. PROVIDING THE PRODUCTS
Delivery costs: The costs (if any) of delivery will be as displayed to you on our website.
When we will provide the products: When we provide the products depends on what product you are buying.
We are not responsible for delays outside our control: 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 end the contract and receive a refund for any products you have paid for but not received.
If you are not at home when the product is delivered : If no one is available at your address to take delivery, we will leave you a note asking you to contact our Customer Care team in order to arrange an alternative delivery date.
If you do not re-arrange delivery: If, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you further delivery costs.
Your legal rights if we deliver products late: You have legal rights if we deliver any products late or we are late in making the products available for collection by you. If we miss the delivery or collection deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
Setting a new deadline for delivery: If you do not wish to treat the contract as at an end straight away, you can give us a new deadline for delivery or for collection by you, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
Ending the contract for late delivery/collection. If you do choose to treat the contract as at an end for late delivery , you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products.
Damage: If, at the time of delivery or collection by you, the packaging is damaged, please open the package in the presence of the carrier in order to verify the condition of the products. In the case of delivery, where there is damage to the products, you should note the details on the delivery note and contact our Customer Care Team. If we deliver products to you and products are lost or damaged by our carrier we will repair or replace the products but only where:
You tell us in writing within 24 hours of the actual delivery date in the case of damage and within 24 hours of the delivery date notified to you when you placed your order in the case of lost items (this is so that we will be able to meet our carrier’s conditions of carriage)
You produce to us any receipt or other documents relating to the products and (in the case of damaged items) the original packaging for the products complete with all related accessories, instruction booklets, labels, protective covers and boxes.
When you become responsible for the products. The products will be your responsibility from the time you or a person indicated by you acquires the physical possession of the goods.
When you own products. You own the products on the later of the following:
once we have received payment in full;
once the products have been delivered to you or collected by you using our delivery service,
7. EXCHANGING PRODUCTS
In addition to your legal rights, and your right to change your mind, we operate an exchange policy for our customers in respect of items delivered (but not for Personalised Products). The conditions of this exchange policy are set out in this clause 7 below.
Within 14 days after the date of delivery (or the last delivery in the case your products are split into several deliveries over different days), you may exchange the items in question by using either method below.
Products must be returned with their original packaging, complete with any related accessories or instruction booklets, labels, protective covers and boxes, together with the original invoice and the Return Voucher. In the case of perfume products which have been sealed for health protection or hygiene purposes, the seal on the crystal film covering the perfume box must not have been broken. We will not accept products for exchange that are returned incomplete, damaged or soiled or without the original packaging, related accessories or instruction booklets, labels, protective covers and boxes or, in the case of perfume products, where the seal on the crystal film covering the perfume box has been broken. You must take reasonable care of products if you wish to exchange them.
Please note that no new delivery (of an exchanged or replacement product) can take place until we have received the returned products from you. Where products are exchanged, we will end the original contract and your payment will be applied to the price of the new product. We will not be able to provide the replacement products until we have received payment from you. If the product is on sale at a lower price, we will refund you for the difference (but not for any delivery charges) by the method you used for payment. If products are exchanged using our collection and delivery service, the new sale will be subject to these terms.
Please note that you may not exchange products which you have received as a result of a prior exchange.
The terms set out in this clause 7 do not affect your legal rights.
8.YOUR RIGHTS TO END THE CONTRACT
Ending your contract with us. You may end your contract with us in the circumstances described below. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back).
If you want to end the contract because of something we have done or have told you we are going to do.
If you have just changed your mind about the product. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
there is a risk that supply of the products may be significantly delayed because of events outside our control;
you have a legal right to end the contract because of something we have done wrong (including because we have delivered late).
When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
Earrings and Swimwear, for health protection or hygiene purposes;
Perfume or other products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them. In the case of perfume, the seal on the crystal film covering the perfume box must not have been broken.
How long do I have to change my mind? For most products bought online you have a legal right to change your mind within fourteen (14) days. In order to ensure the satisfaction of our customers we extend this to allow up to 21 days after the day you (or someone you nominate) receives the products, unless your products are split into several deliveries over different days. In this case you have until 21 days after the day you (or someone you nominate) receive the last delivery to change your mind about the products.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
Phone or email.email to [email protected] Monday to Saturday from 9.00 am to 5.00 pm and Sunday from 9.00 am to 5.00 pm, excluding public holidays or email us. Please provide your name, home address, details of the order and, where available, your phone number and email address.
Returning products after ending the contract:
If you end the contract for any reason after products have been dispatched to you or you have received them, we provide a complimentary collection service and you must allow us to collect the item(s) you wish to return from your preferred address. Please call our Customer Care team or email us to arrange collection.
You must return the products with their original packaging, complete with all related accessories, instruction booklets, labels, protective covers and boxes, together with the duly completed and the original invoice. In the case of perfume products which have been sealed for health protection or hygiene purposes, the seal on the crystal film covering the perfume box must not have been broken.
When we will pay the costs of return. We will pay the costs of return:
if the products are faulty or misdescribed;
if you are ending the contract because we have told you of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
if you are exercising your right to change your mind, by way of our complimentary collection service. In all other circumstances you must pay the costs of return.
How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. For shoes in particular, we highly recommend that you try your Brooklyn London shoes on a clean floor which would not alter the sole, such as a carpeted surface. Please note that the amount of the reduction could be equal to the full amount of the price if we are unable to sell the returned products because they do not meet our high standards of sale. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
As standard delivery is complimentary, we will not refund delivery costs if you choose to have the product delivered by Express or Premium delivery.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, your refund will be made within 14 days of your telling us you have changed your mind, except that we may withhold refund if you did not permit collection of the products as required under these Terms of Sale within a reasonable time after notifying us of your decision to cancel the contract, or until you show us evidence you have dispatched the products in case you decided not to use our collection service.
10. OUR RIGHTS TO END THE CONTRACT
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
you do not make any payment to us when it is due;
you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
You must compensate us if you break the contract. If we end the contract in the situations set out in Condition 10, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can contact our Customer care Team or email us.
Your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must allow us to collect them from you. We will pay the costs of collection. Please contact our Customer CareTeam or email us to arrange collection.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. 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 or our failing to use reasonable care and skill, 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 we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987.
We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. OTHER IMPORTANT TERMS
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. 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 this contract, 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.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Alternative dispute resolution. 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. If you are not happy with how we have handled any complaint, you can submit a complaint for online resolution to the European Commission Online Dispute Resolution platform.
THE SCHEDULE MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To: Brooklyn London Ltd
Send us an email:email at [email protected] or using our EMAIL US contact form in the CLIENT SERVICES section of our Website.
Monday to Saturday from 9.00 am to 5.00 pm and Sunday 9.00 am to 5.00pm, excluding public holidays.
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following products [*]
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate