Terms and conditions
Terms and conditions for purchase of goods and services
Terms and conditions of sale
By purchasing or ordering the Goods and/or Services, you agree to be bound by the terms and conditions set out below. Before placing your order, if you have any questions relating to these Conditions please contact us via our website at www.browniipoints.co.uk .
"BP" means Brownii Points Limited.
"Conditions" means these terms and conditions;
"Goods" means any goods you purchase under these Conditions;
"Non-subscription Services" mean any Services other than Subscription Services;
"Personal Information" means the details provided by you to us;
"Services" means any services you order or otherwise purchase under these Conditions;
"Subscription Services" means Services to which you subscribe on an ongoing basis, for example technical support Services;
"Us/our/we" means Brownii Points Limited, a company registered in England and Wales under the number 13344385 with registered office located at Brownii Points, 43, Honeysuckle lane, Pevensey, BN24 5GJ;
"Website" means either one of the websites located at www.browniipoints.co.uk or any other URL which may replace it; and
"You/Your" means the person ordering or otherwise purchasing the Goods or Services.
1. Rights and Obligations
1.1. You undertake:
1.1.1. to pay any amounts due to us in a timely manner;
1.1.2. that the Personal Information you provide is true, accurate, current and complete in all respects;
1.1.3. to notify us immediately of any changes to the Personal Information using the contact details in Clause 5.4; and
1.1.4. not to impersonate any other person or entity or to use a false name.
1.2. We reserve the right to modify the price or the content or withdraw, temporarily or permanently, some or all of the Goods or Services available. We also reserve the right to change or add to these Conditions from time to time.
1.3. Unless you have placed an order for any Goods or Services, or you subscribe to any Subscription Services, by the time such a change takes effect, we shall not be obliged to give you notice of any such modification or withdrawal.
1.4. From time to time we may also have to make changes in the specification of any Good or Service:
1.4.1. to make it conform with any applicable safety or other statutory requirements; or
1.4.2. to make it reflect changes in the manufacturer's specification, but we will endeavour to ensure that such changes do not reduce the quality or performance of such a Good and/or Service. Where you have placed an order for the affected Good and/or Service and such changes are substantial, we will notify you in advance to ensure that you still wish to proceed with any order that you have placed.
1.5. Goods and Non-subscription Services:
1.5.1. You will be subject to the policies and Conditions in force at the time you order or otherwise purchase the Goods or Non-subscription Services, unless we are legally obliged to make changes to these Conditions that apply retrospectively. If this happens, these changes will apply to any orders we have not yet fulfilled when the changes took effect, even if your order was placed previously.
1.5.2. We shall not withdraw or modify to your substantial detriment any of the Goods or Non-subscription Services for which we have accepted an order from you, other than where such modification or withdrawal is required as a result of events outside of our reasonable control. We will take reasonable care to ensure all details, descriptions and prices of products and services are correct at the time the information was entered onto our system.
1.5.3. The purchase of software products is subject to your acceptance of the terms of any end user and/or licensing agreement(s) relating to such software.
1.5.4. We are under a legal duty to supply Goods that are in conformity with these Conditions.
1.6. Subscription Services only:
1.6.1. If you subscribe to Subscription Services, we will give you prior notice of any withdrawal of or changes to the Subscription Services or these Conditions.(i) where these changes are to your substantial detriment (which shall include but not be limited to an increase in the price of your Subscription Services of more than 10%), you can choose to cancel any unused portion of the Subscription Services without penalty before any such changes take effect. Your continued subscription to the Subscription Services following such change taking effect shall be deemed to be your acceptance of such change. (ii) Your right to cancel under Clause 1.6.1 (i) above does not apply where:(a) any price increase in relation to the Subscription Services does not exceed the Retail Price Index figure, the Consumer Price Index figure or similar in any twelve month period; or (b) the increase is as a result of any increase in VAT or other taxes or the introduction of a similar or new tax on the Subscription Service.
1.7. Estimated time frames for delivery of Goods or completion of Services are estimates only and delays may arise due to matters outside of our reasonable control.
2. Orders
2.1. Goods and Services are available only to individuals who we, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those whose applications are acceptable to us and those who are residents in the UK. Services that come under “experiences” are only available to individuals who are 18 years old or over and by ordering or otherwise purchasing such Services, you confirm that you are 18 years old or over.
2.2. When requested by us, you must provide proof of identification, your name, phone number, address, payment details and other requested information.
2.3. Each order placed by you will be treated as an offer to purchase the Goods and/or Services to which your order relates. The contract will only be completed when we dispatch the Goods/commence the provision of the Services (as applicable).
The "confirmation" stage of the checkout process sets out the final details of your order. An order will be placed when you press the "confirm order" button or a similar function. We will then send you an order acknowledgment email detailing the products you have ordered. This is not an order acceptance and will be followed by a second email which confirms your order has been accepted and is on its way - we usually sent this on the next working day.
2.4. You acknowledge that any automated acknowledgement given when you place an online order shall not amount to our acceptance of your offer to purchase.
2.5. We may, at our own discretion, limit, restrict or reject any order you place at any time prior to the contract having been completed. Where this happens, we will attempt to contact you. We also reserve the right to limit or prohibit sales to dealers or to entities that we believe, in our sole discretion, are making use of the Goods or Services for profit.
3. Price and Payment
3.1. The price of the Goods or Services (if any) shall be the price in Brownii points, of which we inform you prior to accepting your order.
3.2. You confirm that any payment method you use is yours.
3.3. Payment methods are subject to validation checks and authorisation and we will not be liable for any delay or non-delivery caused by failure of such checks or authorisation.
3.4. Once your Goods have been collected and/or otherwise received by you, all risk of damage to, or loss of, the Goods shall pass to you.
3.5. Irrespective of your receipt of the Goods, the passing of risk or any other provision of these conditions, ownership shall not pass to you until we have payment in full for the Goods in Brownii Points.
3.6. Until such time as the ownership passes to you, you shall hold the Goods on our behalf and keep them safe and identified as our property, and we shall be entitled to ask you to return the Goods to us.
4. Cancellation, Returns and Exchanges
4.1. Without prejudice to our rights under Clause 1 above, if either party breaks the terms of these Conditions in any material way, the other party can terminate these Conditions by giving the other party 7 days' written notice.
4.2. In certain situations, we may be prepared to give you a refund in points or exchange for Goods if you change your mind. For details on our Returns and Exchange Policy please visit our Returns and Policy page.
4.3. Goods and/or Services ordered online only
4.3.1 Delivery will be made within a minimum 7 days lead time from order acceptance. Once delivery has been made, no returns or refunds shall be accepted unless if proven the goods or service to be faulty.
4.3.2 All order cancellation made before despatch email will be accepted and must be made via our Contact Page.
4.3.3 All order cancellations made after despatch date will not be accepted unless if it falls under 4.3.1
4.3.4 All faulty goods and/or services must be reported within 7 days of delivery acceptance.
5. AVAILABILITY AND DELIVERY
5.1 If you have any questions regarding our delivery locations, please contact our customer care team via the various methods detailed on our Website. All non-mainland UK territories including (but not limited to) GY, JE, IM, will incur a surcharge. Customers will be notified of the relevant surcharge before placing an order.
5.2 Brownii Points will not be able to be delivered to a limited number of postcodes, please contact us for further details.
5.3 Delivery windows stated on our Website or via Email are an indication, and not a guarantee of delivery within these hours. We reserve the right to deliver your box at any point on the day of delivery set out in the dispatch confirmation.
5.4 Delivery will be completed when we, or our authorised courier company, deliver the Products to the address you gave us. If no one is available at your address to take delivery, we, or our authorised courier company, will follow the delivery instructions provided to us by you. If no leave safe instructions are specified, the order will be left in an area that the authorised courier company considers safe.
5.5 The leave safe location specified by you shall be within the area of the delivery address and shall be accessible to the courier. We will endeavour to follow any delivery instructions you provide but this cannot be guaranteed.
5.6 The courier company may try to contact you on the telephone so that delivery can take place. The delivery driver will use the telephone number associated with your account, which may also be printed on the delivery label.
5.7 Brownii Points obligation to deliver the box shall be fulfilled once the courier delivers the box at the safe spot specified by you or the box is considered safe by the courier.
5.8 If the personal handover of the box is not possible and no leave safe is available Brownii Points may also deliver the box to a nearby household or business. A household or business shall be regarded ‘nearby’ if the recipient resides in the same building as the original addressee. In addition, the box may also be delivered to a recipient residing in proximate walking distance to the delivery address (e.g. same housing complex, building on the opposite side of the street, next-door building). All aforementioned nearby households and businesses are subsequently referred to as “neighbours”.
5.9 The customer will be notified of such delivery to a neighbour by delivery notice or via email.
5.10 If neither a personal handover nor a delivery to a neighbour is possible, you will be in default of acceptance.
5.11 Brownii Points will not attempt a further delivery. You are obliged to bear all expenses related to aforesaid default of acceptance.
5.12 Brownii Points reserves the right to change your delivery date with prior notice. If we have left your Products in your safe place, or another place deemed safe by our driver, and they are stolen or damaged, we do not accept liability, but may offer you a refund or other compensation at our complete discretion.
6. Your Personal Information
6.1 Your data protection rights are set out in our Privacy Policy, which sets out how we collect and use your personal information. This can be viewed at our Privacy & Policy page.
7. Limitation of Liability
7.1. We will not be liable for any loss or damage caused by us in circumstances where:
7.1.1. there is no breach of a legal duty of care owed to you by us; and/or
7.1.2. such loss or damage is not reasonably foreseeable.
7.2. We will not be liable any loss or damage caused wholly or mainly by your breach of these Conditions.
7.3. Our liability shall not in any event include losses related to any business of a customer including but not limited to lost data, lost profits or business interruption.
7.4. Nothing in these Conditions shall:
7.4.1. exclude or limit our liability for death or personal injury resulting from our acts or omissions or those of our servants, agents or employees; or
7.4.2. Limit your rights as a consumer under applicable UK law.
7.5. All Services are provided on a commercially reasonable basis. Although we will provide the Services with reasonable skill and care, we make no warranty that the Services will meet your exact requirements or that they will always be available.
7.6. The Goods, where new, are sold with the benefit of and subject to the terms set out in any warranty or guarantee given by the manufacturer of the Goods. This is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform to the legally required standard.
8. General
8.1. Events Beyond the Parties' Reasonable Control: If either of us cannot do what we have promised because of something beyond our reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible, or acts of local or central government or other competent authorities, such party will not be liable for this.
8.2. Third Parties: Nobody but you and us can benefit from these Conditions under the Contracts (Rights of Third Parties) Act 1999.
8.3. Assignment: You may not but we may, assign, charge or otherwise dispose of our rights under these Conditions. Any attempt by you to do so shall be void.
8.4. Governing Law: These Conditions will be governed by English Law and if you are not happy with how we deal with any disagreement and want to take bring court proceedings, you must do so within the UK.
8.5. Each Clause of these Conditions operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after our agreement has been terminated or cancelled.
8.6. Call Monitoring: Monitoring or recording of your calls may take place for our business purposes. Calls to our customer service numbers should incur local call costs from a standard BT line, calls from other providers may vary and calls from mobiles may cost significantly more.
9. Handling Complaints and Sending Notices
9.1. If you wish to make a complaint you may do so in the following way:
9.1.1. in writing addressed to: Brownii Points LTD, 43, Honeysuckle lane, Pevensey, BN24 5GJ; or
9.1.2. online, at www.browniipoints.co.uk and visiting our contact us page.
9.2. If you need to send us a notice in relation to these Conditions you can do so in the following way:
9.2.1. in post addressed to: Brownii Points LTD, 43, Honeysuckle lane, Pevensey, BN24 5GJ; or 10.2.2. via our website at www.browniipoints.co.uk
9.3. Proof of sending does not guarantee our receipt of your notice. You must ensure that you have received an acknowledgement from us which should be retained by you.
10. Events Outside of Our Control
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
10.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: 10.2.1 Strikes, lock-outs or other industrial action;
10.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
10.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
10.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
10.2.5 Impossibility of the use of public or private telecommunications networks;
10.2.6 The acts, decrees, legislation, regulations or restrictions of any government; and
10.2.7 Pandemics or epidemics.
10.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.