Terms and Conditions
This website is owned and operated by Brifix.co.uk (otherwise referred to on this website as "Brifix", 'we', or 'us'), These terms and conditions apply to your use, including any orders that you place. These terms and conditions need to be read carefully before you attempt to browsing the website and check them periodically for changes. Using this website or ordering any item from this website by any means, indicates that you fully accept these terms regardless of whether or not you choose to accept them by "agreeing" via the website shopping cart or placing the order via the telephone. These terms and conditions do not affect your statutory rights. You are also encouraged to print a copy of these terms and conditions for future reference.
Terms of the Contract
These Terms and Conditions govern the supply of goods sold by Brifix.co.uk (“we” and “us”) to the customer (“you”) and constitute the entire and only agreement between us in relation thereto.
When you place an order to purchase a product from Brifix.co.uk, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we've dispatched that product to you (the "Dispatch Confirmation E-mail"). That acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation E-mail to have been dispatched do not form part of that contract.
Termination
To cancel a Contract, you are required to put the cancellation in writing prior to the dispatch. You must also return the Product(s) to us immediately, in the same original condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply goods to you.
Product Availability
All products are subject to stock availability. If a product is no longer available, a suitable replacement will be recommended where available. Products are subject to price change without prior notice. Should an order be received at an older price during a price change, an e-mail notification will be given and the option of cancelling or continuing with the order will be given. In the event that an out-of-stock product is part of an order and we cannot contact you, we will send what products we have in stock, and leave the balance as back order and send while the stock is in.
All product supplied to any customer remain the property of brifix until paid for in full inclusive of any due delivery charge herein.
Pricing
The price payable for the goods ordered or services requested is as set out on our web site at the time you place your order plus any charges for delivery as advised to you. We reserve the right to change the price of commodity goods, at any time due to market conditions but we will confirm the prevailing price with you before accepting your order. We are not obliged to accept your order for such goods and may decline it or limit the order quantity. Despite our efforts, occasionally an error may occur and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price.
If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such items. Your order will always reflect the most recent price displayed on the item's product detail page. Please note that this price may differ from the price shown for the item when you first placed it in your basket. Placing or saving an item in your basket does not reserve the price shown at that time. Some discounts and special promotions are limited-time offers, therefore, such price shall not be considered as general price.
As an account customer, payment shall be made in full at the end of the month following the date of invoice. We may revoke credit if you fail to make payment when due. If payment is not made when due, interest is payable at the monthly rate of 2 per cent on the amount outstanding from the due date for payment until receipt by us of the full amount (including any accrued interest) whether before or after judgement, together with any reasonable legal or other recovery costs. You are responsible for all orders placed by your authorised employees and for any purchases made on cards issued to you and we are not bound by any individual order limit you may impose on your authorised employees. You must inform us in writing as soon as a relevant employee is no longer authorised by you to place and receive orders or if any card issued to you is lost or stolen.
Even if we have provided you with credit previously we reserve the right to refuse to complete any order if payment of the account or your credit rating is not satisfactory to us. You may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim, which you may have, or allege to have. We shall be entitled at all times to set off any debt or claim which we may have against any sums due from you.
Brifix.co.uk accepts Visa and Mastercard credit cards and Maestro, Delta, Visa Electron and Solo debit cards and payments via Paypal.
Product Descriptions
Care has been taken with descriptions of all items shown on the website but due to limitations of photography, colours of the goods you receive may differ slightly to those displayed on your monitor. All dimensions and weights given are those supplied deemed to be accurate. However, if you have any queries please call or email prior to placing an order. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
Fraud
By becoming a member, you confirm that the information provided is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by brifix in its sole discretion. If membership has been revoked, brifix reserves the right to refuse application or readmission to the membership program.
Limited Right to Use
The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
Where you place an order for age-restricted goods such as blades and cutters, you confirm that you are over the age of 18 and that delivery will be accepted by a person over the age of 18. We reserve the right to cancel your order if we reasonably believe you are not legally entitled to order certain goods.
Liability
To the extent permitted by law, we, any other party (whether or not involved in creating, producing, maintaining or delivering this website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility from any amount or kind of loss or damage arising out of or in connection with your use of this website.We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. However, the information and advice contained on our site and in our sales documentation is for general guidance purposes only. You are responsible for determining whether it applies to your particular situation and whether the Products you order are appropriate for you. In particular, please read all manuals and safety instructions provided with Products, and follow them carefully at all times.
This does not include or limit in any way our liability:
a) for death or personal injury caused by our negligence
b) for fraud or fraudulent misrepresentation; or
c) for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.
In the event that we are held responsible for any loss or damage, our aggregate liability shall in any event be limited to a sum equal to the amount paid by you in respect of the product. We accept no liability for any loss of income or revenue, loss of business, loss of profit or contracts, loss of anticipated savings, loss of data, waste of management or office time, or for any indirect or consequential loss or damage of any kind whatsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
We will not be liable to you where we are unable to perform our obligations due to matters outside our control. All goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods. If you are a trade customer, we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you are a trade customer, you hereby agree to hold us harmless, and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.
Indemnification
You agree to indemnify, defend and hold us and our partners, solicitors, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable solicitor’s fees, related to your violation of this Agreement or use of the Site.
Nontransferable
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
Force Majeure
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.
A Force Majeure includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
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.
General
We reserve the right to make changes to these terms and conditions in the future. Any changes will be posted to the site and will take effect immediately. You should, therefore, read the terms and conditions each time you access this website.
The material and information contained in this website is not aimed at, or meant to be viewed by, persons other than those in the United Kingdom. Any person who chooses to access this website from other locations is responsible for compliance with applicable local laws.
The website, its contents and any contracts formed as a result of its use shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.
Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Disclaimer
THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVID ED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Privacy Policy
Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
Referral
If you choose to use our referral service to tell a friend about our site, we will ask you for your friend's name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. “Brifix.co.uk” does not store this information and uses it for the sole purpose of sending this one-time email.
