PLEASE
READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR
ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER
FOR FUTURE REFERENCE
1.
Format of the Contract
1.1 These terms of sale apply to all goods supplied
by Use Your Brain Ltd, whose registered office is at
20 Holgate Avenue, London, SW11 2AU, registered in England
and Wales No.04162675 (the "Supplier").
1.2 No contract exists between you and the Supplier
for the sale of any goods until the Supplier has received
and accepted your order and the Supplier has received
payment in full (in cleared funds). Once the Supplier
does so, there is a binding legal contract between us.
1.3 By way of clarification, an acknowledgement of your
order will be sent to you via e-mail when you place
your order, but acceptance of your offer to buy the
goods will not take place until after your payment is
taken and you receive your acceptance e-mail. It is
at this point that a binding legal contract is created
and any contract is subject to these Terms and Conditions.
1.4 The contract is subject to your right of cancellation
(see below).
1.5 The Supplier may change these terms of sale without
notice to you in relation to future sales.
2.
Description and price of the goods
2.1 The description and price of the goods you order
will be as shown on the Supplier's website at the time
you place your order.
2.2 The goods are subject to availability. If on receipt
of your order the goods you have ordered are not available
in stock, the Supplier will inform you as soon as possible
and refund or re-credit you for any sum that has been
paid by you or debited from your credit card for the
goods.
2.3 Every effort is made to ensure that prices shown
on the Supplier's website are accurate at the time you
place your order. If an error is found, the Supplier
will inform you as soon as possible and offer you the
option of reconfirming your order at the correct price,
or cancelling your order. If the Supplier does not receive
an order confirmation within 14 days of informing you
of the error, the order will be cancelled automatically.
If you cancel, the Supplier will refund or re-credit
you for any sum that has been paid by you or debited
from your credit card for the goods.
2.4 In addition to the price, you may be required to
pay a delivery charge for the goods.
3.
Payment
3.1 Payment for the goods and delivery charges can be
made by any method shown on the Supplier's website at
the time you place your order. Payment shall be due
before the delivery date and time for payment shall
be of the essence.
3.2 There will be no delivery until cleared funds are
received.
3.3 Payments shall be made by you without any deduction
whether by way of set-off, counterclaim, discount, abatement
or otherwise unless you have a valid court order requiring
an amount equal to such deduction to be paid by the
Supplier to you.
4.
Delivery
4.1 The goods you order will be delivered to the address
you give when you place your order, except that some
deliveries are not made outside the United Kingdom.
4.2 Orders placed before 4.00 pm on a working day will
be processed that day and will be delivered as per the
requested delivery option provided no additional security
checks are required and all stock items are available.
(A working day is any day other than weekends and bank
or other public holidays.)
4.3 If delivery cannot be made to your address for reasons
under the Supplier's control the Supplier will inform
you as soon as possible and refund or re-credit you
for any sum that has been paid by you or debited from
your credit card for delivery.
4.4 If you deliberately fail to take delivery of the
goods (otherwise than by reason of circumstances under
control of the Supplier) then without prejudice to any
other right or remedy available to the Supplier , the
Supplier may:
4.4.1 store the goods until actual delivery and charge
you for reasonable costs (including insurance) of storage;
or
4.4.2 sell the goods at the best readily obtainable
price and (after deducting all reasonable storage and
selling expenses) account to you for any excess over
the price you agreed to pay for the goods or charge
you for any shortfall below the price you agreed to
pay for the goods.
4.5 If you fail to take delivery because you have cancelled
your contract under the Distance Selling Regulations
the Supplier shall refund or re-credit you within 30
days for any sum that has been paid by you or debited
from your credit card for the goods, less any expenses
incurred for failed delivery.
4.6 Every effort will be made to deliver the goods as
soon as possible after your order has been accepted.
However, the Supplier will not be liable for any loss
or damage suffered by you through reasonable or unavoidable
delay in delivery. In this case, the Supplier will inform
you as soon as possible.
4.7 Time for delivery shall not be of the essence. The
goods may be delivered by the Supplier in advance of
the quoted delivery date.
4.8 Upon receipt of your order you will be asked to
sign for the goods received in good condition. If you
are unable to check the contents of the package at that
moment in time please sign for the parcel as "UNCHECKED".
Failure to do so may affect any warranty claims that
you make thereafter.
5
Risk/Title
5.1 The goods are at your risk from the time of delivery
5.2 Ownership of the goods shall not pass to you until
the Supplier has received in full (in cash or cleared
funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to
the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment
for the goods notwithstanding that ownership of any
of the goods has not passed from the Supplier.
6.
Title for Business Customers
6.1 If you are a business customer until ownership of
the goods has passed to you, you must:
6.1.1 store the goods (at no cost to the Supplier) separately
from all your other goods and goods of any third party
in such a way that they remain readily identifiable
as the Supplier's property;
6.1.2 not destroy, deface or obscure any identifying
mark or packaging on or relating to the goods; maintain
the goods in satisfactory condition and keep them insured
on the Supplier's behalf for their full price against
all risks to the reasonable satisfaction of the Supplier.
On request you shall produce the policy of insurance
to the Supplier; and
condition and keep them insured on the Supplier's behalf
for their full price against all risks to the reasonable
satisfaction of the Supplier. On request you shall produce
the policy of insurance to the Supplier; and
6.1.3 hold the proceeds of the insurance referred to
in condition 6.1.2 on trust for the Supplier and not
mix them with any other money, nor pay the proceeds
into an overdrawn bank account.
6.2 If you are a business customer your right to possession
of the goods shall terminate immediately if:
6.2.1 you have a bankruptcy order made against you or
make an arrangement or composition with your creditors,
or otherwise take the benefit of any statutory provision
for the time being in force for the relief of insolvent
debtors, or (being a body corporate) convene a meeting
of creditors (whether formal or informal), or enter
into liquidation (whether voluntary or compulsory) except
a solvent voluntary liquidation for the purpose only
of reconstruction or amalgamation, or have a receiver
and/or manager, administrator or administrative receiver
appointed of its undertaking or any part thereof, or
a resolution is passed or a petition presented to any
court for your winding up or for the granting of an
administration order in respect of you, or any proceedings
are commenced relating to your insolvency or possible
insolvency; or
6.2.2 you suffer or allow any execution, whether legal
or equitable, to be levied on your property or obtained
against you or you are unable to pay your debts within
the meaning of section 123 of the Insolvency Act 1986
or you cease to trade; or
6.2.3 you encumber or in any way charge any of the goods.
7.
Your right of cancellation
7.1 You have the right to cancel the contract at any
time up to the end of 7 working days after you receive
the goods (see below).
7.2 To exercise your right of cancellation, you must
give written notice to the Supplier by letter or e-mail,
to the address shown below giving details of the goods
ordered and (where appropriate) their delivery. Notification
by phone is not sufficient.
7.3 If you exercise your right of cancellation after
the goods have been delivered to you, you will be responsible
for returning the goods to the Supplier at your own
cost. The goods must be returned to the address shown
below. You must take reasonable care to ensure the goods
are not damaged in the meantime or in transit.
7.4 Once you have notified the Supplier that you are
cancelling the contract, the Supplier will refund or
re-credit you within 30 days for any sum that has been
paid by you or debited from your credit card for the
goods.
7.5 If you do not return the goods as required, the
Supplier may charge you a sum not exceeding the direct
costs of recovering the goods.
7.6 You do not have the right to cancel the contract
if the order is for computer software which has been
unsealed by you, or for consumable goods which, by their
nature, cannot be returned.
7.7 Goods must be returned unopened.
8.
Warranty
8.1 All goods supplied by the Supplier are warranted
free from defects for 12 months from the date of supply
(unless otherwise stated). This warranty does not affect
your statutory rights as a consumer.
8.2 This warranty does not apply to any defect in the
goods arising from fair wear and tear, wilful damage,
accident, negligence by you or any third party, use
otherwise than as recommended by the Supplier, failure
to follow the Supplier's instructions, or any alteration
or repair carried out without the Supplier's approval.
8.3 If the goods supplied to you are damaged on delivery,
you should notify the Supplier in writing via the e-mail
address or fax number shown below within 7 days.
8.4 If the goods supplied to you develop a defect while
under warranty or you have any other complaint about
the goods, you should notify the Supplier in writing
via the e-mail address or fax number shown below, as
soon as possible, but in any event within 7 days of
the date you discovered or ought to have discovered
the damage, defect or complaint.
8.5 All returns must be acompanied by the original packaging.
Returns found not to be faulty will be subject to a
testing fee of £15 and postage fee of £5.50
before goods can be released. Normal turnaround 15 days.
9.
Limitation of Liability
9.1 the Supplier's total liability in contract, tort
(including negligence or breach of statutory duty),
misrepresentation, restitution or otherwise, arising
in connection with the performance or contemplated performance
of this agreement shall be limited to the price paid
for the goods.
9.2 Nothing in these conditions excludes or limits the
liability of the Supplier for death or personal injury
caused by the Supplier's negligence or fraudulent misrepresentation.
9.3 If you are a business customer the Supplier shall
not be liable to you for any indirect or consequential
loss or damage (whether for loss of profit, loss of
business, depletion of goodwill or otherwise), costs,
expenses or other claims for consequential compensation
whatsoever (howsoever caused) which arise out of or
in connection with this agreement.
10.
Data Protection
The Supplier will take all reasonable precautions to
keep the details of your order and payment secure but
unless the Supplier is negligent, the Supplier will
not be liable for unauthorised access to information
supplied by you.
11.
Applicable Law
These terms of sale and the supply of the goods will
be subject to English law and the English courts will
have jurisdiction in respect of any dispute arising
from the contract.